Best Answer: Talking to police only after you have consulted with a good criminal defense attorney is usually the best course of action. Often, your attorney will advise you not to answer any questions at all. There may be circumstances in which speaking with police may be beneficial. But those circumstances are rather rare, and extreme caution should be exercised before agreeing to an interview (aka interrogation) with police.

What if I am innocent?

A very good defense lawyer once said, “Don’t talk. Especially if you are innocent.”

The Miranda warnings require police to inform a suspect that anything they say “can and will be used against you.” Most often, police are not specifically looking for information that will clear you of all suspicion. Rather, they are looking for the guilty person and working to build a case that will result in a conviction.

If you have been detained by police for questioning, there is a very good chance that they view you as a suspect. If they view you as a suspect, they are likely looking for evidence to confirm their suspicions.

Whether you are innocent or guilty, having the assistance of a good attorney is critical.

Is this my chance to tell my side of the story?

No. A police interrogation is a chance for police to get you to tell them what they want to know.

Telling “your side of the story” is something that is best done with the competent assistance of a qualified defense attorney.

If you have a story that needs to be heard, your attorney can help you identify the best way and the best time to tell that story. Constitutional principles of due process guarantee you the right to be heard in a meaningful way.

The right forum for telling your side of the story may be in negotiations with a prosecutor, in a hearing with a judge, or during a full trial by jury. Telling your story in a police interrogation room with officers who want to convict you is almost never the best place to be heard and understood.

Only Your Name and Date of Birth

Utah law requires a person to answer only very limited questions from a police officer. Specifically, Utah Code section 76-8-301.5 requires a person to provide a police officer with their name and date of birth, but only on the following conditions:

• the personal is lawfully detained (“subjected to a stop” as defined in section 77-7-15);
• if the officer’s demand for name or date of birth is “reasonably related to the circumstances justifying the stop”; and
• giving name and date of birth will not “present a reasonable danger of self-incrimination in the commission of a crime.”

Under this section of the Utah Criminal Code, a person is guilty of a class B misdemeanor if the person fails to give their name or date of birth to a police officer when all necessary conditions of the statute have been met.

Answering questions beyond just your name and date of birth can create a substantial risk of giving police incriminating information – even if you are innocent.

Get Help from a Good Defense Attorney

It is rare that police will need an immediate answer from you. They may want an immediate answer. But other than giving them your name and date of birth, you are constitutionally entitled to get advice from your own attorney before answering any other questions, and to have your attorney present with you if you ultimately choose to answer police questions.

The Canyons Law Group criminal defense team is made up of experienced attorneys who are ready to help you. Talk to us today to see how we can help.

In Utah, the terms DUI and DWI are often used interchangeably in referring to the charge of driving under the influence of alcohol or drugs. But there are differences and distinctions that are often misunderstood. Clarity in the context of defending a criminal case is critical.

DUI – Utah Code 41-6a-502

Utah Code section 41-6a-502 defines the crime of “driving under the influence” (DUI) as including alcohol, drugs, or a combination of the two. The statute includes what is sometimes called a “per se” DUI violation if a driver’s BAC is 0.05 or greater. The statute also establishes criminal liability for DUI regardless of BAC level if the person is under the influence of alcohol or drugs, or a combination of alcohol and drugs, “to a degree that renders the person incapable of safely operating a vehicle.”

A “per se” DUI can be established based on BAC at the time the person is in actual physical control or operation of the vehicle. Alternatively, a charge can be based on BAC at the time that a chemical test is administered subsequent to actual physical control or operation of the vehicle.

Without a chemical test showing a BAC of 0.05 or higher, prosecutors must show actual impairment of the driver at a level “that renders the person incapable of safely operating a vehicle.”

DWI in Other States

The term “DWI” is used in many states in reference to the crime of “driving while intoxicated.” In most states, a DWI is nearly synonymous with the Utah crime of DUI. As a result, the two terms are often used interchangeably in conversation with defense attorneys, prosecutors, and even judges. But this casual use of the terms can cause substantial confusion.

Impaired Driving – Utah Code 41-6a-502.5

The crime of “impaired driving” is established under Utah Code section 41-6a-502.5. It is an unusual statute in that it creates a crime that cannot be independently charged. Instead, a conviction for “impaired driving” can only be entered as a result of plea negotiations between the defense and prosecution, or after the completion of court-ordered probation on a standard DUI case.

A charge of “impaired driving” does not have any elements that distinguish it from a standard DUI. It is, instead, actually a DUI charge that is renamed and reclassified based on an agreement between the parties.

This reclassification may allow a person to avoid a driver license suspension completely, or reduce the length of a suspension if the DLD has already entered a suspension. Beyond driver license benefits, a conviction for “impaired driving” carries essentially the same penalties and potential enhancements.

Intoxication, Influence, or Impairment?

The concepts of intoxication, influence, and impairment are related but different. Even some Utah attorneys and judges will use the term “DWI” to refer to Utah’s crime of impaired driving. But understanding the differences is important.

DUI on the road is dangerous. A DUI in court can have serious consequences. Having the assistance of an experienced criminal defense attorney is important.

Contact us today to see how our criminal defense team can help you.

In the broadest sense, “homicide” refers to any killing of a human being. In legal terminology, “murder” generally involves an intentional and unlawful killing of a human being.

Utah’s definition of “criminal homicide” includes: aggravated murder; murder; manslaughter; child abuse homicide; homicide by assault; negligent homicide; and negligently operating a vehicle resulting in death.

Each of these crimes are defined by statute and include distinct individual elements in addition to the death of a person. Key differences usually include the actor’s intent (reckless, negligence, intent, etc.) and the circumstances under which the death occurred.

Penalties for criminal homicide can range from the death penalty or life in prison without parole for aggravated murder, to much lesser penalties in cases involving unintentional or accidental death caused by negligent conduct.