Under Utah law, an “acquittal” and a “not guilty” verdict have essentially the same meaning. But neither of these terms is a declaration that the defendant is factually innocent.

The criminal justice system relies on a presumption of innocence at trial, with the government prosecutor carrying the burden of proving each element of the offense. The burden of proof in a criminal trial requires that the jury be unanimously convinced, beyond a reasonable doubt, that the defendant did in fact commit the crime charged in the case.

Utah judges regularly instruct jurors, prior to beginning their deliberations, that they must be unanimous in whatever verdict they reach — either guilty or not guilty. Jurors are also instructed that the defendant does not have to prove actual innocence in order for the jury to reach a unanimous not guilty verdict.

A jury may be convinced that the defendant committed the crime charged, but still reach a not guilty verdict. Jurors may believe that the defendant committed the crime, but still have reasonable doubts as to the certainty of that belief.

In a civil trial, the burden of proof normally requires only a preponderance of the evidence — meaning that the jury be persuaded that one set of facts is more likely true than the other set of facts. In a criminal trial, a “more likely than not” standard is not sufficiently certain. Jurors must be convinced beyond a reasonable doubt.

Because of the burden of proof and reasonable doubt standards required in a criminal jury trial, neither an acquittal nor a not guilty verdict is a determination of actual innocence.

The answer to this question will depend a lot on what you mean by being “around” guns.

Utah law makes it a crime for a restricted person to purchase, transfer, possess, use, or have custody or control over any dangerous weapon, or to agree, consent, offer, or arrange for another person to purchase, possession, transfer, use, or have control or custody of a firearm or any other dangerous weapon. Federal law typically provides penalties penalties for possession of a firearm that are even more severe than the felony penalties imposed under Utah law.

Utah law does not make it a crime for a restricted person to be “around” guns. The problem is that a person who is “around” guns can start to look like a person who has possession, control, or custody of a gun. The important question is not necessarily whether you “are” engaged in unlawful conduct, but whether it “looks like” you are engaged in unlawful conduct.

Many Utah families have traditions involving target shooting or annual hunting trips that have gone on for generations. Status as a restricted person will mean that you cannot actively participate in the hunt. You may be able to still be involved in the trip, but you should be very careful about any events where guns are present.

Police often will arrest a person who “looks like” they are committing a crime. A jury can reach a guilty verdict at trial if they are convinced that the person who “looks like” they committed a crime really did commit the crime.

If you are a restricted person, your goal should not be to just avoid actually committing any gun-related crimes. Your goal should be to also avoid doing anything that might even look like you are committing a crime.

An option to consider as a restricted person is pursuing an expungement, 402 reduction, or pardon. It may be possible to clear your record of the convictions that have given you that restricted status.

Our attorneys can be retained to give a second opinion on a criminal appeal case. The costs required for a formal review and consultation on an appeal will depend on the nature and complexity of the case.

An appeal from a justice court in Utah normally consists of an automatic de novo trial or hearing in the district court, without the formalities and technical briefing requirements normally involved in a full appeal to the Utah Supreme Court or Utah Court of Appeals. A justice court “appeal” is more similar to defending an initial case than it is to a full appeal.

Appealing district court decision or verdict in a criminal case involves a review of court transcripts and records to assess and determine what issues may exist or what errors were made at trial or in other pre-trial hearings or motions. A good attorney will also take time to assess the likelihood of success for any such issues or errors. It is not uncommon for Utah appellate courts to determine that an error in the district court was “harmless” and therefore does not justify a reversal of the district court case outcome.

In deciding whether to undertake a full formal appeal from the district court, it is important to understand not only what issues or errors may exist, but also the likelihood of success in the appeal process,

Pleading no contest means exactly that – you are not contesting the charges against you. Procedurally, this has the same effect as a guilty plea, but you are technically not admitting guilt to the charges. There are some circumstances where it can be advantageous to plead no contest, but they are an exception rather than a rule. Your attorney will help you to determine what course of action to take in your specific case.

When you plead not guilty in a case, the burden of proof falls on the prosecution to convict you of the charges. When you plead guilty, you accept responsibility and accept the court’s decision on punishment. In a no contest plea, you accept the punishment without actually admitting guilt.

A lot of our clients have asked if they should start counseling before their criminal case is completed. In general, the answer is usually yes. Over 90% of Utah criminal cases are resolved by a plea agreement. When your attorney is negotiating the best deal for your case, she/he will use the facts, the law, and mitigating circumstances to work toward negotiating the best possible outcome. Starting counseling gives your attorney an opportunity tpo present mitigating circumstances.

Mitigating circumstances or materials include things that can be presented to a prosecutor or judge to show that your case is less serious than originally alleged, that you are less culpable (responsible) for what happened in the case, or that you have taken steps to address whatever issues, concerns, or problems may have contributed to the events alleged in the case.

For example, a prosecutor might agree that a person charged with DUI does not need to be punished with jail time if he is going to Alcoholics Anonymous meetings and getting treatment from a counselor. Participation in counseling is not something that can be used against the person at trial. It cannot be used as “proof” that the person has ab alcohol problem. But it can be used to convince a prosecutor or judge that a lighter sentence or a better plea offer is appropriate.

Starting counseling while your case is still pending can have a very positive influence on ultimate case outcome. Consult with your attorney to ensure that your case strategy can be best coordinated with your treatment or counseling plan.

Utah’s distracted driving law, section 41-6a-1716, prohibits reading, writing, texting, typing, or accessing the internet with hands while driving on highways. However, the word “highway” has a broader definition than what you may think. Utah law defines “highway” as “any public road, street, alley, lane, court, place, viaduct, tunnel, culvert, bridge, or structure laid out or erected for public use.” Essentially, this means that texting while driving is illegal on public roads.

Under Utah’s statutory definition, private roads, driveways and parking lots are normally not considered as a “highway.” So although you may not be charged for texting while cruising through a parking lot, it is still not a good idea. Just because something is legal does not mean you should do it. It is important to keep your focus on the road at all times, even if the road is privately owned.

While a plea in abeyance generally results in your charges being dismissed, that doesn’t mean that they automatically disappear from government records.

Employers generally request one of two different types of pre-employment criminal background checks. More often than not they may request a background check that only lists your convictions. If a plea is held in abeyance, the court dismisses the charges and does not convict you, so it would not be listed on this background check.

However, your case history is still on public record. Sometimes an employer may request a more in-depth criminal background check, which would include arrests, active warrants, and court cases. In this type of criminal background check, a plea held in abeyance can still show up, even after it has been dismissed..

In order to “erase” something from your criminal record, an expungement is required. If thirty days have passed since your arrest and your case has been dismissed, it may be eligible for expungement. Once a record has been expunged, it should not appear on public records or on a criminal background check.

The process depends on the nature and severity of your felony. There are certain felonies that are not eligible to be expunged. These include first degree felonies, felony DUIs, violent and capital felonies, registerable sex or child abuse offenses, or felony automobile homicide. Although convictions for these charges are not eligible for expungement through the regular court expungement process, there may be other avenues for clearing your record.

Utah criminal law includes an unusual provision that allows a court to reduce the level of a conviction, after the case has closed and after probation or parole have been successfully completed. The court can reduce your conviction by one or two steps.

For example, a first degree felony is not normally eligible to be expunged, but by going through the “402 reduction” process, you can have it reduced to a second degree felony. If it is a nonviolent and meets the other requirements, it would then be eligible for expungement. Different types of convictions may require different procedures.

If your original felony conviction has been reduced to a conviction that is eligible for expungement, the procedural steps are essentially the same as what is required to expunge any other records.

It is often possible to resolve your Utah case while living out of state. Like most things though, this depends on your specific circumstances and the nature and level of the charges filed.

Your attorney may be able appear in court on your behalf and represent you, though arrangements to do this must be made beforehand. A judge may allow your attorney to appear on your behalf at all hearings or only some hearings, depending on the nature of the case and the type of hearing involved.

Of course, you always have the right to appear personally in a case where you are being criminally charged. But if a personal court appearance is required, you may be able to appear via video conferencing.

Your attorney can help you determine what options are available and which options may be most effective.