Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
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Utah Criminal Defense Lawyer Salt Lake City

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Can a Utah retail theft charge be dismissed if I accidentally took something from the store?

Simply taking an item you have not paid for does not constitute retail theft or shoplifting under the Utah criminal code.  The most common Utah shoplifting cases require the prosecutor to prove that you took merchandise from a store with the "intention of retaining such merchandise" or with the "intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the retail value of such merchandise."

Perhaps you forgot about an item you had placed on the bottom of your shopping cart.  Maybe you tried on a pair of sunglasses and left them on top of your head.  When you are charged with shoplifting in Utah, you are presumed to be innocent.  The prosecutor bears the burden of proving each element of the charge "beyond a reasonable doubt."  If it was an honest mistake, you are not guilty of a crime.

Most often, a prosecutor will not dismiss a case simply because you say you made an honest mistake.  To convince a prosecutor to dismiss a charge without trial, your attorney will have to have solid evidence to support your position.  But you may also find yourself facing the necessity of taking the case to trial.  If so, having an experienced Utah criminal defense lawyer on your side can make all the difference.

Contact us now to schedule an initial consultation with Salt Lake defense attorney Stephen Howard.


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  • Selected Victories
  • Criminal Defense AttorneyDismissed - Contractor was charged with theft by deception for allegedly misusing customer funds and failing to complete work that had been agreed upon. A successful motion to quash on legal grounds following the bindover order at preliminary hearing resulted in a complete dismissal of all charges.
  • Minor Possession Alcohol - MIP AttorneyDismissed - Minor in possession charge (MIP) was dismissed by prosecutor when defense analysis demonstrated that the police had failed to obtain necessary evidence against client. Police had raided a large party involving underage drinking. Several individuals were charged, but police did not obtain evidence showing that client had personally consumed or possessed alcohol. Case was dismissed.
  • 402 Reduction Lawyer Utah 2-Step Reduction - Client needed a two-step reduction to bring a prior conviction to the misdemeanor level. Collection of substantial evidence of reform and rehabilitation convinced a normally reluctant prosecutor to stipulate to the defense 402 reduction motion.
  • Violent Crimes Assalt Defense UtahDismissed at Preliminary Hearing - Client charged with aggravated robbery and facing life in prison. Full case analysis and consultation with client allowed the development of a strong defense strategy. Effective cross-examination of the alleged victim at the preliminary hearing resulted in an outright dismissal of all charges by the judge.
Best Criminal Defense Strategy

The best outcome is more likely when the right strategy is employed. Developing the best strategy can require real courtroom experience, a thorough understanding of procedural and substantive legal issues, and a determination to ensure that important constitutional and other legal rights are protected. Choosing the right attorney....

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Salt Lake Criminal Defense Attorney Profile Utah

Choosing the best criminal defense attorney for your Utah criminal case may be the single most important decision you make. The courtroom can be a hostile place. Prosecutors receive extensive training on legal and tactical issues. Having an experienced criminal defense lawyer on your side is critical to defending your case and protecting your rights....

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Conviction Consequences in Utah Criminal Prosecutions

Jail time, prison time, thousands of dollars in fines, and the lifetime collateral consequences of having a criminal conviction on your record - all of these and more are at stake when you are facing criminal prosecution in Utah. Understanding what is at risk is critical. Even so-called "minor" misdemeanor cases can have serious consequences....

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Utah Criminal Attorney - Reasons to Hope

An arrest is not a conviction. If you are facing criminal prosecution in Utah, it can feel like your world is collapsing. But there are things you can do right now that can increase your chances of a good outcome. An experienced criminal defense lawyer can help you evaluate the various options available to you and help develop a strategy for success....

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Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

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