Being charged with a crime can feel like the end of the world, but all hope might not be lost. Every defendant has a right to a fair trial and the chance to defend themselves. If the authorities want a conviction, they must follow the law and come up with enough evidence to meet their burden of proof. If they cannot, your defense attorney will stand up for you.
People often think of trials as long legal battles, but how long a case takes depends on numerous factors, and some finish relatively quickly while others take weeks or longer. One important variable is the nature of the charges. You might face infractions, misdemeanors, severe felonies, or some combination of the three. The best defense varies from case to case, and you might have multiple strategies at your disposal. For example, your attorney might challenge an unlawful search of your home and work to exclude tainted evidence. Alternatively, you might work out a plea deal to avoid the harshest penalties. Whatever the case might be, speak to an attorney right away.
Talk to our criminal defense lawyers with Overson & Bugden by calling our offices at (801) 758-2287 and ask about a free initial case review.
How Long Do Criminal Cases Usually Take in American Fork, UT
One concern shared among many criminal defendants in Utah is how long they must deal with legal proceedings. The law, whether civil or criminal, is infamously complex. Even cases that are considered relatively straightforward can take a while to wind their way through the court system. The time your case takes to finish depends on various factors unique to your situation, and your attorney can help you estimate how long you might be waiting.
One important factor to consider is the nature of the criminal charges. Severe felonies tend to be handled more carefully, and judges, prosecutors, and law enforcement will take their time finding evidence, developing legal strategies, and preparing the case. While this can be very frustrating, it also gives you and our criminal defense lawyers more time to study the prosecutor’s evidence, find flaws, and build a solid defense.
We should also consider the strength of the evidence. Cases tend to move quickly when evidence is especially strong or especially weak. For example, if the evidence is overwhelming and irrefutable, defendants are a bit more likely to accept plea deals. However, when evidence is extremely weak, prosecutors are more likely to drop the charges rather than waste their time trying a case they cannot win.
Possible Charges and Penalties in Criminal Cases in American Fork, UT
Criminal charges range from somewhat minor offenses to severe crimes. It can be difficult to understand what kind of charges you are facing and why, but a lawyer should be able to help you. Charges generally fall into one of three broad categories of offenses: infractions, misdemeanors, and felonies.
Felonies
Felony charges are among the most severe charges in Utah. They are rarely, if ever, considered a minor offense, and they almost always come with potential prison time. Even so, felonies are not all the same. They may be divided into subcategories of first-, second-, and third-degree felonies.
According to Utah Code § 76-3-203, a first-degree felony, one of the most severe charges a person might face, may be punished by no less than 5 years in prison, but defendants may be imprisoned for as long as life. The next step down is a second-degree felony, which may be punished with a prison term of at least 1 year and up to 15 years. Finally, third-degree felonies may be penalized with up to 5 years in prison.
As you can see, even the least severe felony charges may still carry hefty prison terms. If a defendant is facing multiple felony charges, the potential penalties might be even greater. If you or someone you know is facing a felony charge, you should call an attorney for help immediately.
Misdemeanors
A misdemeanor charge is sometimes considered a minor issue, but this is not always the case. While some misdemeanors carry minimal jail terms and fines, others may result in serious time behind bars. Do not underestimate misdemeanor charges. Like felonies, they are divided into subcategories based on severity.
According to § 76-3-204, the most serious misdemeanor is a Class A misdemeanor, which is only one step below a felony. In some cases, defendants facing felony charges accept plea bargains in which they plead guilty to a Class A misdemeanor. Such a charge comes with jail time not to exceed 364 days. A Class B misdemeanor may be met with jail time of up to 6 months. A Class C misdemeanor carries potential jail time of up to 90 days. Again, this might not seem like much compared to felonies but do not be fooled. Multiple charges can lead to significant time behind bars.
Infractions
Infractions are often regarded as minor offenses, and many people do not need to go to court to settle them. According to § 76-3-205, you may not be sentenced to jail time for an infraction, but you might face other penalties. Fines, forfeitures of property, and other penalties might be imposed, depending on the offense. Courts might also order you to perform community service.
Effective Defense Strategies to Consider in American Fork, UT Criminal Cases
For every case, there might be numerous defense strategies to choose from. In others, only one or two might truly be effective. Determining which approach is most likely to help you can be extremely difficult, and you should ask your attorney for help. Below are a few common methods that people use to develop effective defense strategies.
Unlawful Searches
Did the police search your house or private property? If they did, did they have a valid search warrant? If they did not, did they have a legal exception to the warrant rule? The answers to these questions may determine the best defense for your case. If the police did not have a valid warrant or a valid exception to the requirement for a warrant, the search might have been illegal. Evidence seized under an illegal warrant or without a warrant may be considered tainted and excluded from your trial. When evidence is excluded, it is not allowed to be introduced to the jury, and they may not consider it at all when determining their verdict.
Lack of Evidence
Maybe the police did not turn up a lot of evidence, yet prosecutors still chose to press charges. This is not unusual, as investigations tend to be ongoing, and prosecutors might pursue charges in the hopes of more evidence being uncovered later. However, if no additional evidence surfaces, we can fight the case by arguing there is not enough evidence to secure a conviction. If a judge agrees that there is no way for the prosecutor to meet their burden of proof, they might dismiss the case. Alternatively, prosecutors might be inclined to drop the charges so they do not waste their time on a losing case.
Plea Agreements
Sometimes, defendants cannot refute the evidence, but this does not mean the fight is over. The best defense for some might be to work out a plea agreement with prosecutors. The prosecutors might offer to reduce the charges in exchange for a guilty plea. While this likely means going to prison, your time in prison might be reduced. For example, going from a second-degree felony to a third-degree felony might save you years behind bars.
Talk to Our American Fork, UT Criminal Defense Attorneys About Your Charges
Talk to our criminal defense lawyers with Overson & Bugden by calling our offices at (801) 758-2287 and ask about a free initial case review.