Criminal Defense — Utah Statewide

Utah criminal defense that doesn’t back down.

From assault and drug charges to weapons offenses and felonies — we provide strategic, partner-led defense in every Utah court. Brady and Kelly handle every case personally, from arraignment through trial.

I. Practice Focus

Serious defense for every Utah charge.

From the moment of arrest through trial, we stand between you and the full weight of the state. Brady Stuart and Kelly Cardon handle every type of criminal matter in Utah courts — personally.

01

Assault & Use of Force

Assault charges — including assault on a peace officer (§ 76-5-102.4) — often hinge on the intent element and the officer's own conduct. We examine every bodycam frame and report for what prosecutors hope you miss.

02

Drug Charges

Most Utah drug cases live or die on the Fourth Amendment. We analyze every stop, search, and seizure for constitutional defects — and file suppression motions when the state overstepped.

03

Weapons Violations

Utah weapons charges require careful constitutional analysis. We challenge both the underlying conduct and the legality of any search or seizure that produced the evidence.

04

Theft & Property

Theft and property crime charges depend heavily on identification procedures and chain of custody. We dig into evidence handling and eyewitness reliability for what prosecutors gloss over.

05

Felony Defense

Third-degree to first-degree felonies follow you for life. We build trial-ready strategies from day one — not premature pleas that leave a felony on your permanent record.

06

Misdemeanor Defense

Class A and B misdemeanors carry real consequences — jail, fines, and a permanent record affecting employment and housing. We fight misdemeanors as hard as felonies.

II. Our Approach

How we build your defense.

Every case follows the same disciplined methodology. The results vary, but the diligence doesn't.

01

Immediate Evidence Preservation

Dashcam footage, bodycam footage, and witness statements disappear fast. We send preservation letters and file discovery requests within days of retention.

02

Constitutional Analysis First

Before anything else, we ask: was this stop, search, or arrest lawful? Suppression motions that win before trial are the most powerful tool in criminal defense.

03

Intent & Mental State Examination

Most Utah criminal charges require proof of a culpable mental state. We examine whether the prosecution can actually prove what they allege about your state of mind.

04

Negotiate From Strength

Strong defense arguments create leverage. Prosecutors offer better resolutions to defendants who have strong counsel — and we build that strength from the first day.

Know Your Charge

How Utah classifies criminal charges.

Every Utah charge sits on a ladder, and the rung determines everything — the courtroom, the maximum penalty, and the path to clearing your record later. Infractions carry fines only. Class C misdemeanors (up to 90 days jail), class B misdemeanors (up to 6 months) — including most first DUI, retail theft, and simple assault charges — and class A misdemeanors (up to 364 days) make up the bulk of criminal cases. Felonies run from third degree (up to 5 years prison) through second degree (1–15 years) to first degree (5 years to life).

Two things follow from the ladder. First, misdemeanors are heard in justice courts — like the Ogden City Justice Court — where a loss can be retried fresh in district court, while felonies start in district court with a preliminary hearing the state must survive. Second, the rung is negotiable: a huge part of criminal defense is moving a charge down the ladder at filing, at plea, or even years later through a § 76-3-402 reduction. The difference between a class A misdemeanor and a third-degree felony on your record is the difference between explaining a mistake and losing careers, housing, and firearm rights.

The Process

A Utah criminal case, start to finish.

01

ARREST, BAIL & RELEASE

Utah uses a risk-based pretrial system — whether you're released, and on what conditions, is argued at the very start. Bail and pretrial release decisions shape the whole case: it is far harder to fight charges from a cell. Say nothing to investigators; know your Miranda rights and your rights in any police encounter, and call counsel before you give a statement.

02

CHARGES & FIRST APPEARANCE

The prosecutor — not the police — decides what to file, which means early defense contact can shape charges before they exist. Misdemeanors proceed to arraignment in justice court; felonies go to district court, where the state must show probable cause at a preliminary hearing before the case can even proceed.

03

DISCOVERY, MOTIONS & NEGOTIATION

We force the state to show its hand — every report, recording, and witness statement — then litigate what was done wrong: unlawful searches, coerced statements, unreliable identifications. Suppression motions win cases without trials, and the leverage they create drives dismissals and reductions.

04

TRIAL, SENTENCING & APPEAL

Most cases resolve short of trial — but only defendants whose lawyers will actually try a case get the state's best offers. If the outcome is wrong, appeals and post-conviction remedies exist; if you're placed on probation, we defend probation violations that threaten to undo everything.

05

CLEANING THE RECORD

A closed case isn't a clean record. Utah's Clean Slate law and the expungement process — walked through in our step-by-step guide — plus 402 reductions can remove or downgrade what employers and landlords see. Building toward that eligibility is part of how we resolve cases from the start.

Where This Comes Up

Where we defend these charges.

Criminal charges follow the court, not the client. A case filed in Weber County stays in Weber County even if you live in Salt Lake, and a charge picked up while passing through Box Elder is answered in Brigham City. These pages cover the courts we appear in, what to expect from each, and who prosecutes there.

Weber & Davis · 1st & 2nd District

Our home ground. The office is on Washington Blvd, minutes from the courthouse.

Salt Lake County · 3rd District

Roughly forty minutes down I-15, and a courthouse we are in most weeks.

Utah County & Southern Utah

4th and 5th District. We travel for these, and we say so up front.

Charged in a court not on this list? We appear statewide. Call (801) 627-1110 and ask — if another firm is a better fit for that court, we will say so.

Common Questions

Frequently Asked Questions

Do I really need a lawyer for a misdemeanor in Utah?
Yes. Even a class B misdemeanor carries up to six months in jail, fines, and a permanent criminal record that follows you into background checks. Justice courts move fast, and people routinely plead guilty before understanding the consequences. Early counsel is the difference between a managed outcome and a record you spend years trying to clear.
What is the difference between justice court and district court?
Utah justice courts hear class B and C misdemeanors, infractions, and traffic cases arising within their city or county. District courts hear felonies and class A misdemeanors. If you lose in justice court, you have the right to a trial de novo — a completely new trial — in district court, which is an important strategic safety net.
How much does a criminal defense attorney cost in Utah?
It depends on the charge and the court, and we quote a flat fee after a free case assessment so there are no surprises. Weigh it against the real cost of a conviction: jail time, fines and surcharges, lost work, higher insurance, and a record that affects jobs and housing for years.
Can charges be dismissed or reduced before trial?
Often, yes. Charges can be declined or reduced at filing, suppressed into dismissal when evidence was gathered unlawfully, or resolved through reductions and, for some offenses, a plea in abeyance. The earlier a defense attorney is involved, the more of those doors are still open.
Contact

Free case analysis.

No obligation. No judgment. Just answers from experienced Utah defense attorneys.

Phone — 24/7
(801) 627-1110Our staff answers 24/7.
Office
3856 Washington BlvdOgden, Utah 84403 · Open 24 hours
Coverage
Statewide UtahAll districts & justice courts · Se Habla Español

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