Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Take the first step in securing a successful defense.
Call 801-449-1409 now to see what our team can do for you.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Finding a Felony Defense LawyerChoosing a Misdemeanor Defense LawyerDrug and Alcohol Crimes Defense LawyerWhite Collar Defense Attorney for Utah ChargesAttorney for Expungements Reductions and PardonsDefendant Constitutional Rights Criminal LawyerBail and Bond Alternatives in UtahReasons for Hope Facing Criminal Charges


Rights During Consensual Police Encounter in Utah

Not all encounters with police officers involve an arrest, interrogation, search, or other involuntary actions. Many police encounters are voluntary interactions where a person remains free to leave or to refuse a request for consent to search. Understanding the difference between a voluntary and an involuntary encounter can be critical to protecting your rights in a Utah criminal case.

There seems to be a natural human tendency (in most people) to want to be polite and helpful. This tendency often leads people to cooperate with a police officer who wants to ask a few questions or requests consent to search. But cooperating unnecessarily with a police officer who is involved in a criminal investigation can lead to serious consequences. Even innocent individuals are sometimes charged with serious crimes based on evidence obtained through voluntary police encounters.

If you have been contacted by a police officer or believe that you may be the subject of a criminal investigation or criminal charges you should talk with an experienced criminal lawyer. Whether the charges are at the felony or misdemeanor level, the consequences can be serious. Contact us to see how the right criminal defense attorney can help you.

Can a police officer question me without a reason?

The Constitution places restrictions on when a police officer can detain you (either for questioning or under formal arrest) or search your property (car, home, person, etc.) But just as any ordinary person might approach you on the street and strike up a conversation, a police officer is legally permitted to approach under circumstances that make the encounter consensual, and ask you questions.

An officer engaging in that kind of consensual encounter does not necessarily need a reason to ask you questions. Whether you have to answer those questions, however, is a different matter.

What do I have to tell a police officer?

Utah criminal law imposes penalties against a person who makes false statements to a police officer, files a false police report, gives a false name to a police officer, or engages in obstruction of justice. But in most circumstances, the Fifth Amendment gives you the right to remain silent and refuse to answer questions.

Utah criminal law requires you to disclose your real name to a police officer who has stopped you based on a reasonable suspicion that you have committed or are in the process of committing a criminal act. Courts have upheld the requirement to disclose a name as not violating the Fifth Amendment’s protection against self-incrimination. However a requirement that a person provide an explanation of their actions would be a violation of the Fifth Amendment’s protections.

Can I just ignore a police officer?

Just walking away from a police officer does not, by itself, give the officer a reason to detain you. But it is a factor that can be considered by the officer (and by the courts) in determining whether there was reasonable articulable suspicion of criminal activity.

Rather than running (or walking) away, you are more likely to avoid being chased by police if you politely tell them that you intend to exercise your Fifth Amendment rights and decline to answer any questions without your attorney present.

What if the police try to arrest me?

If police can articulate a reasonable basis for suspecting that you have been involved in criminal activity, they may detain you to investigate. If they have probable cause to support an arrest, you may be taken into custody, detained for questioning (interrogation), or booked into jail. But in any of these circumstances, you retain the Fifth Amendment privilege against self-incrimination. You are legally required to give police your true name. But you are not required to answer any questions about your recent whereabouts, your conduct, or anything else beyond just your name.

If a police officer attempts to arrest you and you believe that the officer does not have grounds to do so, DO NOT RESIST. Even if it turns out that the officer was wrong, and that the arrest was not properly supported by probable cause, you can still find yourself facing criminal charges for resisting arrest or for assault on a police officer.

What if the police don’t read me my Miranda rights?

The “rights” referred to in the Miranda warnings are based on important constitutional principles. These rights exist independent of any police officer’s decision to read or not read you the Miranda warnings.

The Miranda warnings must be read only if you have been taken into custody and if the police intend to ask you investigatory questions. If police ask you questions before taking you into custody, or if you make spontaneous statements after being arrested, the Miranda requirements do not apply.

If police fail to comply with the requirements of Miranda, the answers you give to police in response to a custodial interrogation may suppressed by the court. But the better course of action if you find yourself subject to questioning by police is to politely inform the officer that you are exercising your Fifth Amendment privilege against self-incrimination and that you will not be answering any questions without first having your attorney present.

Finding a Criminal Defense Attorney in Utah

Utah Criminal Defense LawyerIf you are the target of a police investigation, if you have been arrested, or if you have been charged with a crime in Utah, the most important decision you can make may involve choosing the right criminal defense attorney to handle your case. Contact us today to see how an experienced Utah criminal defense attorney can help you.


Best Rating
Make a Payment to Your Account
Get Help Now
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense Trial AttorneyNot Guilty - Client was charged with aggravated assault for alleged attack using broken bottle as a weapon. Despite the testimony of numerous prosecution witnesses, thorough defense investigation to support a self-defense claim resulted in acquittal by jury at trial.
  • Criminal Appeals Defense AttorneyDismissed on Appeal - DUI case was dismissed after a successful appeal where the Utah Court of Appeals reversed the trial court's denial of the defense motion to suppress. Without the suppressed evidence, the prosecutor acknowledged that they did not have sufficient evidence to proceed to trial and the 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.
  • Utah Burglary Defense Attorney Not Guilty - Client was charged with second-degree felony residential burglary and facing potential prison time. Investigation by the defense revealed multiple witnesses, missed by police and prosecutors, who supported client's claim of innocence. At trial, the jury returned a "not guilty" verdict on all charges.
  • Recent Posts
  • What to Do When Arrested for DUI What should I do if I am arrested for DUI? - Many DUI cases begin as minor traffic stops. But the consequences of a DUI conviction are much more serious than an ordinary traffic citation. If you are pulled over for a suspected DUI, you have specific important constitutional and statutory rights that can protect your. . . .
  • Utah Misdemeanor Attorney Salt Lake Can I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve the case without returning to the state. . . .
Best Utah Criminal Defense Strategy

Successfully defending against criminal prosecution requires more than just an 'aggressive' defense. The best defense attorneys understand that a sophisticated defense requires a thorough understanding of a variety of nuanced legal issues, real experience in the courtroom, good negotiation skills, and much more. Fighting hard is good. Fighting smart is better....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Defending against a criminal prosecution in Utah is a job that has to be done right the first time. Choosing the right attorney to defend you can be the most important decision you make. Our attorneys have extensive experience handling some of the most serious felony and misdemeanor charges on the books in Utah. No matter what charges you are facing, we can help....

Experience »
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....

Consequences »
Utah Criminal Defense Attorney - Reasons to Hope

Being charged with a crime is not the same as being convicted. But just being charged can affect more than you may have imagined - jail, job, family, bills, rent or mortgage. It can feel like everything has gone wrong, and may you wonder if anything can go right. But facing criminal prosecution does not mean giving up hope....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

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

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.