We hear about criminal cases in the news all the time, but it can still feel incredibly shocking when the police show up at your door. If you are charged with a crime, do not panic and get help from an experienced lawyer. Contrary to what the police might want you to believe, you can fight your charges.
The criminal justice process begins immediately upon arrest. When you are taken into custody, the police may question you about the alleged crime, but you must understand your rights before saying anything. You can refuse to answer questions without penalty, which is a good idea since the police will use anything you say against you. You also have the right to have a lawyer present if you choose to answer questions from the police. The authorities must always follow specific legal procedures, and your lawyer must address violations.
For a free legal evaluation, call our criminal defense attorneys at Overson & Bugden at (801) 758-2287.
How Can I Protect Myself from Criminal Charges in Highland, UT?
Fighting criminal charges is almost never simple or easy, but it is possible. You have a right to defend yourself in court in front of a judge and a jury of your peers, and a qualified defense lawyer should help you.
Know Your Rights
The authorities must not trample on your rights. If they do, you may be able to challenge certain aspects of your case related to those violations. For example, the police cannot violate your rights against unreasonable searches and seizures by entering your home without a search warrant or a valid exception to the warrant requirement. If they do, any evidence seized may be considered tainted, and our criminal defense lawyers may be able to exclude it from the case.
Remain Silent
Once the police take you into custody, they may ask you questions about the alleged crime. You must understand that you are not obligated in any way to give the police any information about what did or did not happen. In fact, it is often best to invoke your right to remain silent and wait until you have a lawyer with you. Any information you give to the police can be used against you, so give them as little as possible.
Call a Lawyer
Call a lawyer for help immediately. If you are arrested, invoke your right to remain silent and demand to call a lawyer as soon as possible. Try not to say anything about the alleged crime until you speak to a lawyer first. Even if you believe you have information that will exonerate you, save it for your lawyer.
Your attorney can help you communicate with the authorities, develop effective defense strategies, and understand the potential penalties in your case.
FAQs About What to Do if You Are Charged with a Crime in Highland, UT
When Should I Call a Criminal Defense Attorney?
You should call a criminal defense attorney as soon as you realize that you may be facing criminal charges. For many, this realization comes only after they are arrested. However, if you believe you may be arrested soon, you should contact a lawyer now. They can help you prepare for a possible arrest and advise you on how to protect yourself and your rights.
When Can Someone Be Arrested in Highland, UT?
A person may be arrested if the police have probable cause to believe a crime has been committed and the suspect likely committed it. In many cases, the police must have sufficient evidence to establish probable cause and convince a judge to issue an arrest warrant. However, warrantless arrests may be performed under certain circumstances. For example, if the police witness the crime, they do not need an arrest warrant.
How Do I Challenge the Evidence Against Me in a Criminal Case?
How we challenge the evidence depends on what the evidence is and how it was obtained. If evidence is seized by the police in violation of your rights, we can work to exclude it from the trial and prevent prosecutors from using it against you. Otherwise, we may find flaws in the evidence to undermine its reliability or credibility, and a jury may be persuaded to disregard it.
What Happens When the Police Question Me About an Alleged Crime?
After you are arrested, law enforcement officials may ask you questions about the supposed crime. Before questioning, the police are legally required to read you your Miranda rights. These include your right to remain silent and your right to have a lawyer with you if you answer questions from the police. It is crucial that you clearly and directly invoke both these rights.
Can I Go to Jail if I am Convicted in a Criminal Trial?
Possibly. Different criminal charges carry different penalties. While jail or prison time is a possibility for many charges, it is not imposed in all cases. Minor criminal charges, such as low-level misdemeanors, may be met with more lenient penalties, such as probation. However, more severe charges, such as violent felonies, almost always carry some term of incarceration.
What Should I Do if I am Convicted of a Crime in Highland, UT?
If you are unfortunately convicted of a crime, you must act quickly to file a direct appeal. Criminal defendants have the right to file a direct appeal, but we must do so within 30 days of the court’s formal entry of the judgment against you into the record. If this time passes without notice of your appeal being filed, you may be barred from appealing, barring special circumstances.
What Rights Do I Have as a Criminal Defendant?
As a criminal defendant, you have various due process rights that help ensure a fair trial. If certain rules or legal procedures are not followed, your due process rights might be violated, and your attorney should stand up for you. You also have rights against self-incrimination, meaning you do not have to answer questions from the police about the alleged crime, nor do you have to testify in your own trial. Your attorney can advise you of the full extent of your rights and how to protect them.
How Do I Know if My Rights in a Criminal Trial Have Been Violated?
It can be difficult to determine if your rights are being violated. Often, when police or prosecutors commit a violation, they do so with confidence and authority, making it hard to know whether one occurred. In many cases, defendants do not realize their rights have been violated until after their defense attorney brings the violation to their attention.
How Do I Get Bail After Being Criminally Charged?
Bail hearings typically occur relatively quickly after a defendant is formally charged. While all defendants have a right to a bail hearing, they do not necessarily have a right to bail. While most defendants are granted bail and released, others may be denied bail if the court believes they are a serious flight risk or threat to the community.
What if I Do Not Have a Lawyer for a Criminal Hearing in Highland, UT?
If you do not yet have a lawyer by the time of your first court appearance, tell the judge. While you are allowed to proceed without a lawyer and represent yourself, judges are often hesitant to let defendants do this. As such, the judge will likely postpone your hearing until you can get a lawyer.
Reach Out to Our Criminal Defense Attorneys in Highland, UT
For a free legal evaluation, call our criminal defense attorneys at Overson & Bugden at (801) 758-2287.