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Blog Posts Tagged 'Criminal Defense' | Page 4

Can Police Search Arrestees' Cellphones Without A Warrant?

What is the most personal possession that you carry around on a regular basis? What item contains more private and personal information about you than any other? Most people would say it’s their cellphone – especially if it’s a smart phone. There is a reason that these devices are often password protected. We want to be able to make sure our information stays safe if our cellphone is ever lost… Read more

2 Day Jail Sentence Turns Into Five Months Due To Legal Mistakes

We often write about the need for an experienced criminal defense attorney when facing charges or otherwise being forced to interact with law enforcement. Not only can a good defense attorney help you understand your rights and options related to the charges against you, he or she can also make sure that your civil rights are not violated. Sadly, the American criminal justice system does not… Read more

Activists Seek New Trial For Boy In Old Case Tainted By Racism

As most readers know, yesterday was the federal holiday commemorating the life and work of Dr. Martin Luther King, Jr. While the significance of historical figures sometimes fades with time, Dr. King’s legacy is still very much alive. Sadly, the racism and injustice he fought so hard to end are also alive today. It is perhaps fitting that on the week of MLK Day, a group of activists is fighting… Read more

Woman Accused Of DUI Forms Criminal Defense Against More Charges

A woman who was initially pursued by Enoch police on suspicion of DUI has been arrested relating to additional charges. Upon her arrest, Utah police discovered that she had a warrant from another state relating to theft charges. The woman must now begin forming her criminal defense against the various charges that she faces. According to the report, at around 6:15 p.m., Utah police responded… Read more

Federal Prosecutors Coerce Defendants To Plead Guilty, Report Says

There are many important assumptions about the criminal justice system that we tend to take for granted: every accused person has the right to a fair trial; the punishment should always fit the crime; prosecutors are more concerned about protecting the rights of the accused than they are about "scoring a win." If the American justice system worked as intended, these assumptions would all be correct. But… Read more

Courts Ruling Against Forced Decryption As 5th Amendment Violation

Among other things, the Fifth Amendment protects each of us from self-incrimination. In other words, if an individual is charged with or suspected of a crime, he does not have to testify against himself or otherwise aid in his own prosecution. Of course, the Constitution was drafted centuries before the invention of the computer and the internet. And although the framers could not have predicted… Read more

Utah Law Enforcement Teams With Zombies To Send Anti-DUI Message

With Halloween just a day away, it seems like everyone is getting into the spirit. This includes law enforcement agencies here in Salt Lake City and throughout Utah. It will probably come as no surprise that police plan to increase anti-drunk-driving efforts during Halloween (and perhaps in the weekend following it). But what is surprising is how they'll be going about it, and who they have… Read more

The Rate Of Wrongful Incarceration In America Today

The criminal justice system is complex. On one hand, it aims to hold those who have committed criminal acts accountable for their behavior. On the other hand, it aims to hold ill-behaved law enforcement agencies and prosecutors accountable for their behavior. By ensuring that the rights of accused persons are respected, the system strives to achieve justice through fair and predictable means. Unfortunately,… Read more

U.S. Supreme Court To Take On Important Drug Crimes Case

It's a classic scenario that has landed countless drivers in hot water. A police officer pulls someone over for erratic driving or some other infraction, and the stop yields something much more substantial, such as a large quantity of drugs. Many drunk driving arrests and drug crimes charges start with a traffic infraction that may be minor, but is enough to establish probable cause and initiate a… Read more

Juvenile Suspects Especially Vulnerable During Interrogation

Most of us would like to think that we would never confess to a crime we didn't commit. Unfortunately, however, your resolve might not be as strong during intense and abusive interrogation. False and coerced confessions are more common than most people realize. An article in the Wall Street Journal highlights the fact that juveniles are especially likely to give false confessions, sometimes… Read more