Being charged with a crime is never easy or simple. The potential penalties may be frightening, and being arrested, especially in public, can be humiliating. Remember, your situation is not hopeless, and a defense attorney can help you fight to clear your name.
How we fight your charges depends on what crimes you are charged with and the actions taken by law enforcement. If the police investigate the case and obtain evidence in a way that violates your rights, we may challenge the illegally seized evidence and prevent it from being used against you. We might also find evidence of our own that contradicts the claims made by prosecutors. Remember, prosecutors must prove the charges beyond a reasonable doubt. If they cannot, we can urge an acquittal by a jury or the dismissal of the charges by the judge.
Call our criminal defense lawyers with Overson & Bugden at (801) 758-2287 and ask for a free legal assessment of your case.
How Can I Fight My Criminal Charges in Bluffdale, UT?
You may have multiple defense strategies at your disposal, and the best defense is different in each case. Your attorney should be able to identify viable defense strategies and help you decide which ones could best help you fight your criminal charges in Bluffdale.
Pretrial Motions
Our criminal defense lawyers may be able to start building your defense before your trial begins. Pretrial motions are a normal part of the criminal justice process, and they can be used to steer the case in a more favorable direction. If prosecutors plan to use evidence we believe is illegal or does not comply with the Utah Rules of Evidence, we can file pretrial motions to have the court exclude it before trial.
Legal Violations
If the authorities violate any of your rights before or during your trial, we may be able to challenge certain aspects of the case. For example, if prosecutors withhold information or evidence during the discovery phase of the case, we can work to prevent them from using that evidence against you, even if it meets the Utah Rules of Evidence.
Insufficient Evidence
Prosecutors must have enough evidence to prove guilt beyond a reasonable doubt if they wish to secure a conviction. If we believe that the prosecutor’s evidence is so lacking that there is simply no way a jury could find you guilty, we may file a motion with the court to dismiss the case for a lack of evidence.
FAQs About Criminal Charges, Trials, and What to Do if You Are Arrested in Bluffdale, UT?
What Do the Police Need to Arrest Someone for a Crime?
To arrest someone for a crime, the police need “probable cause.” Probable cause is hard to describe, but typically consists of articulable evidence or proof that reasonable leads the police to believe that a crime has been committed and that a suspect probably committed it. This probable cause may be used to obtain an arrest warrant from a judge. Alternatively, the police may arrest someone without a warrant under special circumstances.
Can the Police Arrest Someone Without an Arrest Warrant?
Yes. While an arrest warrant is generally the standard rule, it may not be required for every arrest. For example, when the police are called to an emergency where someone appears dangerous, they may arrest the suspect without a warrant. They may also conduct warrantless arrests if they witness the crime or witness a suspect fleeing from a crime scene.
When Can the Police Enter My Home and Search for Evidence?
The police may enter a person’s home or other private property to search for evidence if they have a search warrant. The warrant must be based on articulable evidence constituting probable cause of a crime, and they must have good reasons to believe evidence will be found inside your home. Under special conditions, the police can search your home without a warrant, but these circumstances are very specific and limited. If the police search your home without a warrant, tell your lawyer.
What if the Police Take Evidence from My Home Without a Warrant?
If the police seize evidence from your home without a search warrant, tell your lawyer immediately. While it is possible that the police legally seized the evidence without a warrant, the lack of one should be treated as highly suspicious. If the police claim they had an exception to the warrant requirement, our legal team will make them prove it. If they cannot, we can work to have the evidence excluded from the case.
What Should I Do After Being Arrested in Bluffdale, UT?
After an arrest, you should stay calm, avoid resisting the police, and ask to contact an attorney at your earliest opportunity. The police may book you into custody before questioning you about the alleged crime. You do not have to answer these questions, and you have the right to have a lawyer present if you do.
What Should I Say to Prosecutors if I am Charged with a Crime?
You should say nothing to prosecutors. Almost all communication should go through your lawyer. Do not speak to prosecutors unless your attorney is present. Any discussions about the case, your trial, or possible plea agreements must go through your lawyer. If prosecutors approach you without your lawyer, say nothing and tell your attorney about what happened.
How Do I Get a Plea Bargain in a Criminal Case?
Plea bargains are agreements between defendants and prosecutors in which defendants agree to plead guilty in exchange for prosecutors reducing the charges, resulting in more lenient penalties. Plea bargains may be offered at the prosecutor’s discretion, and they are not guaranteed in every case. Generally, prosecutors are willing to offer a plea bargain unless the crime is especially severe or the defendant has a lengthy criminal history.
How Do I Appeal a Criminal Conviction in Bluffdale, UT?
You may file a direct appeal after a conviction, but we must do so quickly. In Utah, a convicted criminal defendant must file a direct appeal within 30 days of the court’s entry of judgment. Often, defense lawyers are prepared with appeals as soon as a defendant is convicted. You have a right to file a direct appeal, and you should exercise this right.
Can I Be Released on Bail in a Criminal Case?
Yes. All criminal defendants have a right to a bail hearing, and your attorney should help you argue for the most lenient bail terms and conditions. Most defendants can secure bail, but a few may not if the court deems them a flight risk or a serious threat to the community. Still, certain criminal charges, especially severe, violent felonies, may be denied bail by law.
How Soon Should I Contact a Defense Attorney After Being Arrested?
You should contact a lawyer for help as soon as you possibly can. If you are arrested, call a lawyer before answering questions from the police about the alleged crime. If you know you are being investigated but have not yet been arrested, call a lawyer anyway. They can help you understand your rights so that if and when you are arrested, you are more prepared.
Speak to Our Criminal Defense Attorneys in Bluffdale, UT Right Away
Call our criminal defense lawyers with Overson & Bugden at (801) 758-2287 and ask for a free legal assessment of your case.
