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Don’t even think about getting to 2nd base without a signed, notarized consent form.

By | Criminal Defense | No Comments

‘No’ means ‘No!’ — but what means ‘yes’?

When I was in my law school criminal law class and we were talking about rape, the professor asked, “Where is the line between consent and lack of consent? Does a female actually have to say ‘yes, I agree to have sex with you?’ Or is it consent as long as she doesn’t say ‘no!’? Read More

Citizen’s Arrests in Utah

By | Criminal Defense | No Comments

I’m not a police officer – could I actually arrest someone?

Usually when I think of a citizen’s arrest, I think about those bad movies or comedy skits where some unlikeable gomer (think Dwight Schrute) makes a citizen’s arrest and the arrestee resists and some sort of ridiculous interaction ensues.  And since bad movies were my source of information, I always thought that a citizen’s arrest was something that may have existed sometime in the past, but didn’t actually exist anymore….I was wrong. Read More

Have you ever domestic violenced someone? I’ll bet you have.

By | Criminal Defense | No Comments

I’m pretty sure that most of the people in Utah reading this article have committed domestic violence, and here’s why.

When I was a prosecutor handling domestic violence cases, a young woman charged with domestic violence was representing herself and came into court to speak with me. In a polite, slightly pleading tone, she said, “I don’t know why I’m here. I ain’t never domestic violenced no one!” Well, according to Utah law, she had— and chances are, you have too. Read More

Utah Drivers Beware—Some of What You’ve Been Told About the New Texting Law Will Get You a Ticket

By | Criminal Defense | 4 Comments

Most Utah drivers are aware by now that the latest version of Utah’s Distracted Driving law goes into effect today. But the news story you heard or the article you read may have set you up to get a ticket. This article will help you make sure you know what you can and can’t do (at least to the extent that the law itself is clear…which is open for debate). Read More