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How Utah homicide cases move through the courts, common defenses, and why early legal representation matters. Learn what prosecutors must prove and how a defense team protects your rights.

At The Zabriskie Law Firm, our Salt Lake City criminal defense attorneys are equipped to handle cases in State and Federal Court. Many people are confused as to the difference between these two types of cases, so we’re here to help explain the differences as well as some of the similarities. The Utah state government and the U.S. federal government are two separate entities and therefore have two distinct court systems, although the federal system of government shares power a

Editor's note: This post was first published in 2013. It was updated on Dec 10, 2025, for clarity and accuracy. Utah treats impaired driving seriously. Most first-time DUI cases are misdemeanors, but charges can be enhanced—sometimes to a third-degree felony—when certain facts are present (serious injury, young passengers, or repeat convictions). What follows is a plain-English summary of how Utah law handles DUIs and the penalties a court can impose. Summary Utah DUI law pro

Two men accused of stealing materials from Gilsonite Mine in eastern Utah were recently arrested. According to law enforcement, they apprehended the men after finding the stolen materials in their truck. In a statement to the media, Uintah County Sheriff Jeff Merrell said that the two men were booked in county jail on suspicion of the following charges: TheftBurglaryIllegal drug possession Law enforcement received a 911 call on October 3 from an unidentified witness to the th

Valentine’s Day is the perfect day for romantic gestures and reflecting on those you love. Unfortunately, it can also be a day for ex-lovers to reflect on their past and some may feel very lonely on this day of hearts and romance. That’s why Valentine’s Day often brings about many cases of criminal domestic violence as ex-lovers stalk, harass, or attack those that used to be a significant part of their life. According to one police officer in Memphis, holidays often bring abo

If you are a Utah resident, then you are held accountable to some interesting liquor laws that are upheld in the state. One of the most unique laws in Utah is a statute that drinks can be served but cannot be seen until they have made their way to the table. Bartenders are not allowed to mix drinks in front of guests. This has caused many Utah restaurants to mix their drinks behind curtains. In Utah, it is illegal to put alcohol on display, so wine cellars that are used for d

Stabbing attacks are considered assault with a deadly weapon or attempted murder, and can be severely punished in the state of Utah. Recently, a man who has been connected with a stabbing in Oregon and a slashing in Utah was arrested, and he is now being held in...

In the Utah criminal justice system pleas are often held in abeyance. This is a compassionate means by which an accused person is given a second chance. If you have been given a plea in abeyance, you know that your guilty plea does not count against you as a conviction. What a huge benefit this is to you. Your attorney has emphasized to you the importance of complying with all the terms of your plea in abeyance. You also know that once all the abeyance conditions are met, you

In the Utah criminal justice system prosecutors will often agree to reduce a felony to a misdemeanor after probation. This is made possible by legislation found in UCA Sec. 76-3-402(b). Judges and attorneys refer to these as 402 reductions. 402 reductions are an excellent way of tidying up your criminal background. 402 reductions are also a clever way of shortening the waiting period for expungement. Utah judges, by law, only consider 402 reductions upon successful completion

“How do I get this darn conviction off my record!” “I am tired of losing jobs because of a stupid mistake I made when I was 18!” These are statements we commonly hear from clients who have been convicted of a crime. Fortunately there is a way to wipe your criminal record clean and get a fresh start. The process is called expungement. Under Utah law the qualifications for expungement are pretty straight forward. In most cases all you need to do to become eligible is to wait. T

So you are one of the lucky ones. Through some good lawyering, your attorney convinced the prosecutor to reduce your DUI to Impaired Driving. You have completed 60 days of your 120-day driver’s license suspension. You have heard that by doing a plea bargain down to Impaired Driving, your driver’s license suspension was reduced to 60 days. Be careful! Now that your 60 days is up, don’t think that it is okay to simply resume driving. Doing so could set off an ugly chain of even

Some Utah DUI cases are plead to the reduced charge of Impaired Driving. Impaired Driving is not referred to as a reduced charge based upon it being a lesser degree of crime; Both offenses are Class B Misdemeanors carrying the potential of up to 180 days in jail. Impaired Driving, rather, is referred to as a lesser offense because the minimum consequences are less than those for a DUI. In DUI cases a judge must order a minimum of 2 days jail for a first offense, and 10 or mor

So there you are, sitting in your living room reading a letter from your attorney that says something like this: “Criminal charges have been filed against you in case #:11130098. Please note that Utah judges rarely follow determinative sentencing guidelines. In other words, your judge can decide your sentence within the basic guidelines listed below, with a few exceptions. As you look below at what the letter mentioned, you see a list that makes you very unhappy. Class C misd

There is a piece of advice that our criminal defense attorneys give to each client in Utah. This advice comes after they are charged with a DUI or a drug-related offense. But first, let me give you a quick note on what makes you a target to law enforcement. Once a DUI or drug charge is established on your record, conviction or not, you have become a “marked man” so to speak. Count on being harassed every time a cop runs the license plate of a car registered to you. Police off

Many of my DUI clients ask me whether there are exceptions to the ignition interlock restriction imposed for DUI in the State of Utah. Although there is not a general exception as of 2011, there is a limited exception as follows: A Utah motorist with a DMV (Department of Motor Vehicles) imposed ignition interlock restriction may operate a vehicle without an ignition interlock if: The vehicle belongs to his employer (not self-employed),He is driving for work purposes only,He h