Stephen Howard

Stephen Howard

Stone River Law, PLLC
  • Criminal Law, Estate Planning, Family Law ...
  • Utah
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Claimed Lawyer ProfileQ&A
Biography

Utah attorney Stephen Howard is an experienced trial lawyer, negotiator, advocate, and legal adviser. His courtroom successes have included jury trials, appellate work, motion practice, and more. His abilities as a negotiator and problem solver have contributed to positive outcomes for clients outside the courtroom as well. Mr. Howard practices as part of Stone River Law, PLLC, a firm that provides top-quality legal services in areas of criminal defense, estate planning, and adoptions.

Education
Brigham Young University
J.D.
Honors: Graduated Cum Laude; National Order of Barristers; American College of Trial Lawyers Medal for Excellence in Advocacy
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Professional Experience
Attorney and Advocate
Stone River Law, PLLC
- Current
Attorney
Canyons Law Group, LCC
-
Attorney at Law
Crippen & Cline, LC
-
Trial Attorney
Salt Lake Legal Defender Association
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Awards
Medal for Excellence in Advocacy
American College of Trial Lawyers
Member
National Order of Barristers
Professional Associations
Utah State Bar  # 08531
Member
- Current
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Utah Association of Criminal Defense Lawyers
Member
- Current
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National Association of Drug Court Professionals
Member
-
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Jurisdictions Admitted to Practice
Utah
Utah State Bar
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Fees
  • Credit Cards Accepted
Practice Areas
    Criminal Law
    Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
    Estate Planning
    Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
    Family Law
    Adoption
    Appeals & Appellate
Legal Answers
Q. Can the owner of his own property be charged with trespassing when he enters his own lot or his own home?
A: Odd as it may sound, it is sometimes possible to be charged in Utah with trespassing on your own property.

For most property offenses (theft, criminal mischief, etc.), the statutes refer to "property of another." Trespass, on the other hand, refers simply to entering or remaining "unlawfully" on "property," without any requirement that it be someone else's property.

Usually, your presence on your own property is not "unlawful." But there can be situations where you are not legally allowed to be present on your own property. For example, if you lease a property to someone else, some leases give the tenant the exclusive right to possess the property. Under such circumstances, the owner's presence could be found to be "unlawful" and constitute a trespass. There are other possible examples as well.

You should consult with an attorney about the specific details of your situation.
... Read More
Q. Bob is accused of criminal mischeft for PURPOSLY breaking a window while intoxicated when he doesnt remember doing it
A: In Utah, criminal mischief is usually charged where a person person "intentionally damages . . . the property of another." Whether the damage was done "intentionally" can be up to a jury to decide. The fact that a defendant can't remember what happened could actually work against him, because he won't be able to rebut testimony from other witnesses. If other witnesses saw what happened, and if what they saw makes it look like the damage was done intentionally, he could be found guilty. If the damage occurred by accident, it would not normally be a criminal matter. If witnesses (including the defendant) can provide testimony that shows the damage occurred accidentally, he has a much better chance in court. He should definitely consult with an attorney before going into court on any criminal charge. ... Read More
Q. I lent my sister certain items. when asked for said items she refused to return them. what should i do
A: Theoretically, you could sue her in small claims court (assuming these are not very valuable items), or you could call the police and report the items as stolen. Whether you succeed in court would depend in part on who a jury or judge believed. If the jury/judge believed her when she said that you had given the items to her, then she probably wins the case. If the jury/judge believed you, then you would probably win.

The second part of the question is what "should" you do to get the items back. In the years I have practiced law, I have found that most legal questions have a non-legal component. The non-legal part of your question relates to how much your relationship with your sister is worth to you. Suing your sister or filing a police report against her runs a real risk of damaging that relationship, and potentially your relationship with the rest of your family. You will need to balance the value of those relationships against the value of the items you're trying to get back. Sometimes negotiations and compromise are a better solution to a problem than taking someone to court. But ultimately, it's your call to make. ... Read More
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Websites & Blogs
Website
Attorney at Law - Utah
Website
Utah Criminal Defense Attorney - Serving Clients Statewide
Website
Stone River Law, PLLC
Contact & Map
Stone River Law, PLLC
952 S. Main St., Suite A
Layton, UT 84041
Telephone: (801) 449-1409
Monday: 8:30 AM - 5 AM (Today)
Tuesday: 8:30 AM - 5 PM
Wednesday: 8:30 AM - 5 PM
Thursday: 8:30 AM - 5 PM
Friday: 8:30 AM - 5 PM
Saturday: Closed
Sunday: Closed