What Counts as Violating a Protective Order Under Utah Code 76-5-108?
Understanding How Utah Treats Contact After a Court Order Is Entered Key Takeaways: Under Utah Code §76-5-108, a violation occurs when a respondent subject to a qualifying protective order intentionally or knowingly does something the order forbids after being properly served or present when issued. Prohibited conduct includes indirect contact through friends, relatives, social media, […]
What Is Utah’s Good Samaritan Overdose Law and Who Does It Protect?
Calling 911 During an Overdose in Utah: What the Law Actually Protects Key Takeaways: Utah’s Good Samaritan overdose law (Utah Code § 58-37-8(16)) is an affirmative defense, not blanket immunity, it’s raised after charges are filed and doesn’t prevent arrest. It protects overdose victims and bystanders who report in good faith to medical providers, EMS, […]
How Attorneys Challenge K-9 Alert Searches in Utah Fentanyl Stops
New Scrutiny for K-9 Drug Stops and the Utah Good Samaritan Overdose Law Key Takeaways: K-9 alert searches during fentanyl traffic stops in Salt Lake City sit at the intersection of federal and Utah constitutional protections. Defense attorneys often challenge drug-dog reliability, stop duration, and whether officers had genuine probable cause before a vehicle search. […]
How Long Are You an Alcohol Restricted Driver in Utah After a First DUI?
Understanding Utah’s Two-Year Alcohol Restriction After a First DUI Conviction Key Takeaways: In Utah, a first DUI conviction makes you an alcohol restricted driver for two years, during which operating a vehicle with any measurable alcohol is a class B misdemeanor. This status attaches automatically under Utah Code §41-6a-529 and applies to administrative suspensions and […]
Can You Still Be Charged After Calling 911 for an Overdose in Utah?
Utah’s Good Samaritan Overdose Law and Why Charges Can Still Follow a 911 Call In Utah, you can still be arrested and charged after calling 911 for an overdose. Utah’s Good Samaritan overdose law does not grant blanket immunity. Instead, it provides an affirmative defense to certain drug-possession and paraphernalia charges for the caller and […]
How Utah’s HB 301 Drug Recodification Moves Offenses to Title 76 in 2026
Utah’s HB 301 Reshapes the Drug Code and the Utah Drug Free Zone Enhancement Landscape Key Takeaways: HB 301, the Drug Recodification bill sponsored by Rep. Matthew Gwynn, moves many criminal drug offenses out of Title 58 and into Title 76, the Utah Criminal Code, effective May 6, 2026. The Legislature framed this as a […]
Can Strangulation Elevate a Salt Lake City Domestic Violence Charge?
Understanding How Choking Allegations Reshape a Utah Domestic Violence Case Key Takeaways: In Utah, a strangulation allegation can elevate a Salt Lake City domestic violence matter from a misdemeanor to a felony because choking is prosecuted under the aggravated assault statute (Utah Code 76-5-103). The elevated charge applies when conduct fits the precise statutory definition […]
Support Local SLC: The Nix Law “Best of Utah” Favorites Guide
At Nix Law, our greatest pride isn’t just winning in the courtroom—it’s standing by our clients when they need us most. We know that navigating the justice system is never easy, and we are incredibly grateful that you trust us to protect your rights and fight for your future. Because of the incredible support […]
Facing 1 to 15 Years: Defending Utah’s Second Degree Exploitation Charge
What a Second Degree Felony Charge Really Means in Utah Key Takeaways: Second degree sexual exploitation of a minor in Utah carries a prison term of one to fifteen years, but a charge requires proof of every element beyond a reasonable doubt, including the critical "knowing" mental state. Defined under Utah Code § 76-5b-201, the […]
What Must Utah Prosecutors Prove in a Constructive Possession Case?
Understanding the State’s Burden in Utah Drug Possession Cases Key Takeaways: To convict on constructive possession, Utah prosecutors must prove beyond a reasonable doubt that you knowingly and intentionally had the ability to exercise dominion and control over a controlled substance, not merely that drugs were found near you. Because Utah Code § 58-37-2 defines […]