Veterans Court refers to a “diversionary program” that can help veterans with mental health issues seek treatment to help them from committing further crimes. Many crimes stem from an individual’s struggles with mental health, especially for veterans. Veterans Court seeks to help offenders deal with the mental health issues with the simultaneous goal of keeping the public safe by reducing recidivism. If you are a veteran charged with a crime, keep reading to learn about taking advantage of Veterans Court in Salt Lake City from our Salt Lake City criminal defense lawyer at Overson Law.
How Does Veterans Court Work in Utah?
Veterans Court is not a specific courthouse or location like most courts. Instead, Veterans Court is a “diversionary program” designed as an intervention that stops offenders from going through the normal criminal justice system. Instead, veterans seek mental health care and other help from the Veterans Court, which includes treatment aimed at reducing further involvement in crime.
Many defendants enter the program as part of a plea agreement. Defendants will plead guilty to the charges against them, but their plea will not be formally entered. Instead, the defendant participates in Veterans Court. Upon successfully completing the program, your guilty plea is withdrawn, and your charges are dropped or reduced. Failure to complete the program results in your guilty plea being entered and a sentence being issued.
Many veterans suffer from mental health issues related to the trauma of their experiences. Some issues, such as PTSD (post-traumatic stress disorder) are directly related to their time in the armed services, but others may develop independently of their experiences. Veterans Court seeks to help with many of these issues by providing access to mental health care professionals in conjunction with the VA and Veterans Hospitals.
The Veterans Court is very similar to the Mental Health Court and is modeled after it. Under that system, offenders with serious mental illness, including schizophrenia, bipolar disorder, and schizoaffective disorders apply for the court and seek treatment instead of jail time.
By providing offenders with mental health care, Veterans Court can help prevent further offenses. Many veterans seek out criminal activity either as a direct result of their mental illness or because of the isolation and difficulty that their disorder causes. The Veterans Court seeks to fight that and help keep veterans away from further crime.
Applying to Veterans Court in Utah
The process for applying to Veterans Court is not easy to find information on. Working with an attorney is incredibly helpful to ensure that you not only meet the requirements for Veterans Court but also that you follow ongoing requirements to ensure that your case is accepted to the Veterans Court.
As with most diversionary programs, you may be required to enter a guilty plea as part of your application to Veterans Court. Your guilty plea will not be officially entered by the court, however. Instead, your plea is held in abeyance, which means it is set aside or put on hold until you complete the Veterans Court program. Upon completion, your charges will be reduced or dropped.
This plea serves multiple important purposes in the Veterans Court system. First, it shows that your concern is not with your guilt or innocence, but with getting the help you need. This process is long and will be a challenge for many applicants. This leads to the second purpose of the plea deal: assurance. If you fail to follow the requirements set by the Veterans Court, the prosecution can enter your guilty plea and send your case back to court for traditional sentencing. Ultimately, this can mean facing jail or prison instead of getting the help you need.
Eligibility for Veterans Court in Utah
To qualify for Veterans Court, you must have committed a qualifying crime. Utah’s Veterans Court is a felony-level diversion program. Only offenders charged with felonies will be eligible to participate. Many seriously violent crimes like murder or manslaughter may not be eligible for Veterans Court. In addition, many DUI cases and sex crimes are simply not the kind of crime that the Veterans Court is equipped to deal with. Speaking with a South Jordan criminal defense lawyer is the best way to figure out if Veterans Court is a viable option for you.
There may also be medical requirements that apply to your application. To qualify, you usually must have a mental disorder that the court is equipped to work with. Many courts accept applicants with personality disorders and may accept PTSD cases. However, some courts are not equipped to help individuals with mental disorders stemming from brain injuries and other physical trauma. Whether you can participate in Veterans Court will depend on whether the program is capable of meeting your needs.
While undergoing treatment, it is expected that you refrain from further crime. Any time that you are involved in a process like Veterans Court, Mental Health Court, or probation, one of the terms of the program will be that you do not commit any additional crimes. Failing to remain crime-free can mean ending your time with the Veterans Court and sending you back to jail.
It is important to work with a Park City criminal defense attorney who can help guide you through the requirements not only to apply to the program but also to stay in the program and complete it successfully.
Who is Involved in Veterans Court in Utah?
Veterans Court is comprised of many different people, all working for the benefit of the participant. The most important person involved in Veterans Court is the participant themself. The program is entirely voluntary, so a judge cannot put a defendant through traffic court without the defendant’s consent. Veterans Court programs cannot commence without the consent of the participant.
The legal team behind Veterans Court consists of the judge, a defense attorney, a prosecutor, and an assigned Veterans Administration outreach specialist. It is also common for the program to have a probation officer, veteran mentor, and police officers working with the participant.
The prosecutor and defender work as two sides of the same coin. The prosecutor is working to ensure that the participant is rehabilitated to prevent any further harm to the community. The defender is working to ensure the participant receives the best treatment possible under the Veterans Court program and successfully completes the program while also protecting their legal rights. The judge supervises the entire process and can admonish or punish the participant for failing to stay on track and praise and reward them for making progress.
Depending on the participant’s needs, other Veterans Court team members can include treatment providers, probation officers, and a veteran mentor to keep the participant on track to complete the program. Veterans Court requires quite a few people to keep the program operational. There are many different people all working for the treatment and rehabilitation of the participant.
How Long Will I Be in Utah’s Veterans Court Program?
Exactly how long it will take you to complete the Veterans Court program will depend on your charges and specific mental health needs. Participants with relatively minor charges and more manageable needs might finish a bit quicker. However, if your charges are more severe and you have much more significant mental health needs, you might spend a longer time in the program.
At a minimum, the Veterans Court program will take 18 months to complete. However, the average completion time for participants is around 20-24 months. Veterans Court is not an easy way out of your criminal charges. It is a major commitment and will take months, if not years until you are finished.
Exactly how your experience with Veterans Court plays out may vary depending on what county or district in Utah you are in. One example of Veterans Court in action can be found in the Salt Lake County Third District Court. This Veterans Court program is divided into five phases.
Phase 1: Acute Stabilization
The first phase of Veterans Court takes about 60 days to complete. This phase starts when the veteran participant enters a guilty plea and signs the Veterans Court agreement. During this phase, a participant is required to check in regularly with the court to discuss the participant’s progress in the program. The participant must cooperate with treatment requirements and supervision requirements, including drug and alcohol testing and visits with treatment providers and program supervisors.
Phase 2: Clinical Stabilization
This phase takes about 120 days to complete. At this point, a participant’s treatment plan will be individualized to suit their specific needs. To complete the second phase of Veteran’s Court, a participant must continue to adhere to all the requirements of their treatment plan, submit to drug testing, and continue making regular appearances in court.
Phase 3: Personal Enhancement
This is the longest phase of Veteran’s Court and takes about 180 days to complete. While maintaining compliance with treatment and court requirements, the participant must also select a community service project or activity to work on. The participant must also maintain regular contact with supervisors and treatment providers and make regular appearances in court.
Phase 4: Community Re-Engagement
The fourth phase of Veterans Court takes about 90 days to finish. The purpose of this phase to prepare the participant to re-enter their community more stable and crime-free. The participant may go through job training, parenting courses or other family support programs, and vocational courses in addition to the previous requirements of continuing treatment and court appearances. Your unique needs determine the type of training and education courses you receive.
Phase 5: Continuing Care
The fifth and final phase of Utah’s Veterans Court requires about 90 days to finish. A participant is still required to maintain their treatment program and any regular visits with supervisors and treatment providers. However, at this phase, a participant must show that they are capable of living a crime-free and drug-free lifestyle without the Veterans Court’s support.
Your personal experience with Veterans Court may differ depending upon your unique treatment needs and the court your case is heard in. Generally, participants can expect a lengthy commitment to the program and regular visits from supervisors and treatment providers. Failure to comply with any Veterans Court program’s rules can result in your guilty plea being entered and you could be sent to prison or jail.
Salt Lake City Veterans Court Defense Lawyers Offering Free Consultations
If you or a loved one is a veteran that has been charged with a crime, talk to an attorney about Veterans Court. The Utah criminal defense lawyers at Overson Law may be able to help you apply to Veterans Court and avoid jail time for your offense by getting you the help you need with mental health disorders and other treatment to prevent re-offending. For a free consultation on your case, contact our law offices today at (801) 758-2287.
One of the most important things to learn about the criminal justice process is that not all evidence is good evidence. While the evidence is very important– perhaps the most important part of a trial – it must adhere to specific rules and procedures. All parties, including defense counsel, prosecutors, and law enforcement, are responsible for following the Constitutional requirements of admissible evidence. When these requirements are not followed, evidence may be suppressed. Suppression of evidence is sometimes bad and sometimes good, depending on the nature of the evidence and what side of the case you are on. Read on to learn about suppressing evidence in a Utah criminal trial from the Salt Lake City criminal defense lawyers at the Overson & Bugden.
How Do Motions for Suppression Work in Court in Utah?
Most motions generally occur prior to the start of the trial. After you have been formally charged and your trial has been scheduled, the attorneys on both sides of the case spend time preparing. This preparation includes a trial phase referred to as “discovery.” The discovery phase is when Lehi criminal defense attorneys and prosecutors must share any relevant evidence they have with the opposing party. It can seem counterintuitive to give your opponent this kind of information. Generally, most discovery will come from the prosecution and be delivered to the defense. After all, the prosecution is responsible for gathering evidence to prove their case, so they are likely to have the most evidence to give. Discovery is crucial because you cannot build a good defense if you do not know what kind of evidence the prosecutor will bring to court.
Once discovery is complete, the attorneys on the case can begin filing evidentiary motions, including motions to suppress. After receiving the prosecutor’s evidence that they plan to present in court, we might realize some of the evidence was not legally obtained. If that is the case, a motion to suppress becomes necessary to keep out tainted evidence. Evidence seized in violation of your Constitutional rights is not permitted in the courtroom. Motions can be similarly used to prevent certain witnesses from testifying. Motions can also limit the use of particular pieces of evidence without entirely excluding them. Attorneys must assert the basis for the motion and the relief or result sought by the motion.
When is a Motion to Suppress Used in a Criminal Trial in Utah?
A motion to suppress is used when evidence is obtained in violation of your rights or in violation of specific procedural rules. A motion to suppress will most often be utilized when evidence is obtained in violation of the Fourth Amendment’s protections against unreasonable searches and seizures. These protections prevent the police from conducting searches for evidence without probable cause and a warrant. If we learn that some of the prosecution’s evidence was seized by police without a warrant or under an invalid warrant, we will file a motion to suppress that evidence, thus preventing the prosecutor from introducing it in court.
A motion to suppress is also useful when procedural rules are violated. Whenever a defendant is questioned by the police while in police custody, that defendant must be informed of their Miranda rights. You have very likely heard these rights before on TV or in a movie. They include the right to remain silent and the right to have a Utah criminal defense attorney present during questioning. If the police do not inform you of your rights, or they continue to question you after you have invoked your rights, any incriminating information they obtain may be suppressed. This may not stop the police from testifying, but it would prevent them from testifying about what you told them during the unlawful questioning.
What Happens if a Motion to Suppress Fails in Utah?
Not every motion to suppress evidence will be successful. While we may fully believe that the prosecutor’s evidence is unlawful and tainted, we will still need to convince the judge. When we argue our motion, the prosecutor will have the opportunity to argue against it. If the prosecutor sways the judge, they will deny our motion and the evidence will be permitted to be introduced. However, this may not be the end of the fight.
There are other grounds besides Constitutional violations for suppressing evidence. Some evidence might be lawfully admissible in court, but it is too unfairly prejudicial. This kind of evidence would be anything that is so outrageous or inflammatory that it would unfairly turn the jury against the defendant. For example, testimony about a defendant’s involvement with racist hate groups might be admissible, but it is so outrageous that the jury might be more willing to convict simply because they perceive the defendant as racist. We can work to suppress this evidence.
If you are found guilty at the end of your trial, we may be able to file an appeal. In many cases, such as on direct appeal, you may only appeal the issues you specifically challenged or objected to at your trial. This includes failed motions to suppress. If the judge ruled against our motion, we may argue that the motion was denied in error and you should receive a new trial. If we are successful on appeal, we return for a second trial in which the evidence we sought to suppress initially will be kept out.
This is why it is important to file any motions we believe are necessary. Even if the trial court at first denies our motion, the appellate court may have a different opinion. If we do not challenge evidence we think is tainted, we will not be able to bring it up on an appeal.
Contact Our Salt Lake City Criminal Defense Attorney for a Legal Consultation
If you or someone you know is facing criminal charges of any kind, please get in contact with our Riverton City criminal defense attorney at Overson & Bugden. We have the skills and experience to handle your case from start to finish. Please call (801) 758-2287 or reach out online to schedule a free and confidential legal consultation regarding your case.
A conviction for a crime, whether it was a misdemeanor or a felony, is an issue that could influence many aspects of a person’s life. A conviction can affect a person’s ability to find employment, housing, and could even disrupt their academic career. If you need legal assistance to expunge a conviction from your record, you should contact an experienced Utah expungement and record sealing attorney today. Criminal defense lawyer Darwin Overson understands the effects a criminal conviction can have on a person’s life, and he can help you expunge your conviction. Overson & Bugden is here to explain how long a conviction can remain on a person’s record in Utah.
Does a Conviction Fall Off a Criminal Record?
Having a criminal conviction on your record for a minor or serious offense can cause several problems for a person. Many people have a mistaken belief that a conviction can fall off a criminal record after a certain length of time. This is incorrect, a conviction for a criminal offense will never simply fall off a person’s record over time. As a result, a criminal conviction will remain on a person’s record forever or until it is expunged.
However, some records may be more difficult to discover if a defendant was not fingerprinted. Under these circumstances, a record of a conviction may be held with the court where the defendant’s trial occurred.
While a criminal conviction will not automatically fall from a person’s record, it is possible to pursue a record expungement and sealing to conceal the record from the public. To learn more about expunging a conviction, continue reading and speak with an experienced Utah criminal defense lawyer today.
Requirements for Expunging a Criminal Conviction in Utah
If you were convicted of a crime, there is a good possibility that you can have your record expunged after a period of time. However, some criminal convictions are not eligible for expungement. For example, the following crimes cannot be expunged unless the offender was pardoned:
- Capital felonies like homicide, first degree felonies, and violent felonies
- Felony vehicular homicide
- A felony conviction for driving under the influence
- Sex crimes that require the defendant to register with Utah sex offender registry (e.g., rape of a child)
- Child abuse crimes that require sex offender registration
To receive a pardon, a person must petition Utah’s Board of Pardons and Parole. The Board of Pardons and Parole can only pardon convictions; they cannot pardon arrests or case dismissals.
Before pursuing a record expungement, you must ensure that all restitution and other fees related to your offense have been paid. It is important to provide accurate information when applying for a record expungement as misleading or false information can lead to criminal liability. Additionally, a person cannot pursue a record expungement if they have a pending criminal case in the State of Utah.
There is a certain time limit that a person must wait before they can successfully apply for an expungement. This time limit will vary depending on the type of criminal conviction on a person’s record. For example, a misdemeanor conviction for driving under the influence will require a person to wait ten years from the date they were convicted or released from incarceration, probation, or parole, whichever occurred most recently.
For felony convictions, an expungement applicant must wait seven years before they can pursue the expungement of their record. Defendants convicted of class A misdemeanors or felony drug possession must wait five years. The waiting period for class B misdemeanors is four years. Finally, class C misdemeanors or infractions must wait three years to apply for record expungement.
It is important to note that multiple convictions for similar crimes can affect eligibility for a record expungement. A conviction under any of the following circumstances will result in the inability to file for a record expungement:
- A conviction for two or more felonies (not including drug possession)
- A conviction for three or more crimes where two of the three crimes are class A misdemeanors
- At least four convictions where three of the crimes were class B misdemeanors
- Five or more convictions for any grade of offense (not including drug possession)
- At least three felony convictions for drug possession
- At least five convictions for any grade of a crime involving drug possession
There are many other steps involved with the record expungement process. However, if the process is successful, the general public and most members of law enforcement will not be able to discover your previous convictions. Only high-ranking members in law enforcement and the government will have the ability to view your previous convictions. This will improve your life in a number of ways by making it easier to secure housing or employment.
Work with Our Experienced Utah Record Expungement Lawyer to Discuss Your Conviction
If you are concerned about how a conviction may affect your life, you should speak with an experienced Ogden criminal defense lawyer to discuss a record expungement. Overson & Bugden is dedicated to providing clients with aggressive legal defense to help pursue the desired outcome to their case. To schedule a free case evaluation to discuss your record expungement, contact Overson & Bugden at (801) 758-2287, or contact us online.
An arrest on your criminal record is an issue that can impact a person in a number of ways. Even if a defendant was not convicted of the crime they were arrested for; their criminal record will still reflect the arrest. Fortunately, it may be possible to petition for an expungement of an arrest record successfully. If you need legal assistance to petition for record expungement, consult with an experienced Utah record expungement and sealing lawyer. With over 16 years of legal experience, criminal defense lawyer Darwin Overson can help you pursue a record expungement. Overson & Bugden is here to explain how long an arrest can stay on your criminal record.
How an Arrest Can be Removed from Your Criminal Record
There is often a misconception that if you are arrested for a crime but not convicted, the arrest will not appear on your criminal record or will fall off your criminal record after some time. Unfortunately, in Utah, a record of an arrest will appear on a person’s record despite whether they were convicted of the offense.
While it may be disheartening to learn that an arrest will not be eliminated from your criminal record after a certain period of time, you may be eligible for a record expungement.
There are various benefits to having your arrest record expunged. For example, a person that has had their record expunged is permitted to answer employment or licensing questions as if the arrest never occurred. Additionally, government agencies that receive requests regarding your criminal record will reply to those requests as the arrest did not happen.
It is important to note that the expungement of an arrest will not eliminate any news articles or similar sources of news that documented your arrest.
To learn more about the process of having your arrest expunged, you should continue reading and speak with an experienced Utah criminal defense lawyer.
Requirements for Expunging an Arrest Record in Utah
There are a number of requirements that must be adhered to if a person wishes to have their arrest record expunged. In Utah, it is possible to expunge records of an arrest, criminal investigation, and detention if the defendant was not convicted and under the following circumstances:
- 30 days have passed since the arrest
- The petitioner does not have any pending criminal cases
Additionally, eligibility for expungement can depend on whether charges were filed in the defendant’s case. If charges were not filed in the case, a person could petition for an expungement. However, an expungement can still be requested if charges were filed. Under these circumstances, the charges must be dismissed with prejudice (cannot be refiled) or dismissed without prejudice.
An expungement can also be requested if the defendant’s charges were acquitted at trial or the statute of limitations on the criminal trial has expired. The statute of limitations determines how long the state has to pursue a criminal case against a defendant.
How to File for an Arrest Record Expungement
To begin the arrest record expungement process, a petitioner must first seek a “Certificate of Eligibility” from Utah’s Bureau of Criminal Identification (BCI). This document will allow the petitioner to request an expungement for the court.
Once BCI has supplied the petitioner with their certificate (which could take months), it must be filed within 90 days with the “Petition to Expunge Records.” Do not panic if you cannot meet this deadline as the certificate can be requested more than once.
The Petition to Expunge Records must be addressed to the prosecutor’s office that handled your case. Ensure that you file the correct documents that match the circumstances of your case. For example, you should not file a request to expunge a conviction if your charges were acquitted.
These documents must be served on the prosecutor or the county attorney if no criminal charges were filed. The prosecutor can respond in a number of ways. For example, the prosecutor may consent to the expungement and waive a hearing. Unfortunately, the prosecutor also has the power to file an objection to the expungement request.
A prosecutor may object to an expungement petition if the petitioner did not complete all probation requirements or if they believe the petitioner is still a danger to the public. For example, if a petitioner was arrested for driving under the influence and a passenger in their vehicle was injured, the prosecutor could object on behalf of the victim.
A hearing may be necessary if the prosecutor does not waive the hearing or if the prosecutor does not respond within 60 days. If a hearing is scheduled, you should speak with an experienced attorney to ensure you are prepared to handle any inquiries by the court. In some cases, Utah’s Adult Probation and Parole Division may have to submit a statement regarding your eligibility for expungement.
Remember that the judge has final discretion regarding your expungement and can accept or deny your request.
If you are successful in your expungement hearing, you will receive an expungement order that you can begin mailing to law enforcement and government agencies. Agencies that receive this order must treat your arrest as it did not occur.
Work with Our Experienced Utah Arrest Record Expungement Lawyer Today
If you want to have your criminal record expunged of any arrests, you should contact an experienced Park City criminal defense attorney today. Overson & Bugden has helped residents of Utah resolve their criminal law issues for several years, and we would be honored to work with you. To schedule a free case evaluation to discuss your record expungement, contact Overson & Bugden at (801) 758-2287. You can also contact the firm online.
While a bench warrant doesn’t expire, Utah’s courts are required to periodically review unexecuted warrants to determine whether they should be “recalled,” which means review if it’s complete and executed or if it needs reinstatement. A bench warrant is a judicial order signed by a judge authorizing the arrest of a person charged with a crime. The Utah code doesn’t specify an “expiration” date for a bench warrant. However, there are constitutional limitations for executing a search warrant.
Whenever a client is arrested on the basis of a bench warrant that has been outstanding for an extended period of time, my advice is to seek immediate evaluation by an experienced attorney in the attending jurisdiction. Here, Salt Lake City criminal defense lawyer Darwin Overson explains the intricacies in Utah’s law regarding the time limit for execution of a bench warrant. Call (801) 823-6912 if you have further questions about a bench warrant issued against you or someone you love.
Overview of Bench Warrants
Bench warrants are essentially arrest warrants judges issue from their bench. They are commonly granted when criminal defendants fail to appear to a court hearing or is in “contempt” of court for failing to comply with a previously issued judicial order such as a “protective” or restraining order. If the violation is in relation to a probatory period or sentencing agreement, the court will issue what is known as an “order to show cause” for a judge not to revoke the probation or any favorable sentencing terms.
The most common bench warrants include:
- A grand jury indictment
- Failure to pay a court fine on time
- Failure to appear in court for an arraignment, trial, sentencing or other required court appearance
- Failure to adhere to probation conditions
Fighting an Arrest Warrant in Utah
Regardless of the date when a bench warrant is issued, there are fundamental requirements that if violated, will always render an arrest warrant invalid. A magistrate judge in Utah is required to issue a bench warrant based on facts that must be “sufficient” to establish a “reasonable belief” that the criminal defendant committed an offense.
Some courts apply a less rigid standard. Utah courts apply a standard of reasonable belief, as defined in State v Clark (2001), where the Utah Supreme Court enunciated the standard for the reasonable belief basis for supporting an arrest warrant stating that:
“We see no principled basis for attempting to maintain a distinction between the arrest warrant probable cause standard and the preliminary hearing probable cause standard … This reasonable belief standard has the advantage of being more easily understood while still allowing magistrates to fulfill the primary purpose of the preliminary hearing, “ferreting out . . . groundless and improvident prosecutions.”
Utah’s highest court expects the authorities to provide magistrate judge’s with concrete information that can include affidavits and sworn testimony regarding the offense and identifying information. Whereas the requirement is not as high as the standard as required at the point of a criminal trial, where the prosecutors have to show guilt “beyond a reasonable doubt,” an arrest warrant needs to be supported with relevant and timely information. If the information for the warrant was groundless or obtained recklessly can be challenged at any point. With the help of a skilled attorney, you can challenge
Bench Warrant Expiration in Utah
Depending on the charges you are facing, a court may renew and reissue a warrant anytime. The criminal charges filed against you may have a limited life-span based on statutes and on whether there was “probable cause” for issuing the warrant.
A warrant is valid if the criminal charges are still within the time limit known as “statute of limitations,” which is the maximum term a court can file charges against a criminal defendant. For example, if there is an outstanding arrest warrant for misdemeanor theft, it’s invalid if it’s over the required two-year statute of limitations.
What Should You Do If You Have an Outstanding Bench Warrant?
Anyone who has an outstanding bench warrant in Utah should talk to an attorney to discuss all the available options. There is a wide variety of factors depending on the underlying criminal charges. The outcome of a hearing on an outstanding bench warrant will depend on the status of the case when the warrant was approved by a magistrate judge.
If the warrant relates to a pending case and a violation of the conditions of a plea agreement, you have a right to a trial and to all Constitutional protections you’re entitled throughout any criminal procedure.
In most cases, you have the option of posting bail or a bond or asking for a hearing and asking the judge to “recall” the warrant. Your attorney can guide you as to the best course action depending on the circumstances. In order for a judge to recall a warrant, you need to provide good reasons and compromise by the terms of the order you are accused of violating.
Utah Bench Warrant Attorney Darwin Overson Can Help
If there is a warrant for your arrest in a new criminal case, a judge will typically want to learn that you are not a flight risk and that you don’t present a risk to the community by being released on bail or other conditions. Your West Valley City criminal defense attorney can advocate on your behalf on this issue and, for example, relay to the court why you play a role at your job and community. If there is an outstanding warrant against you for failing to pay traffic violation or any other fine, you should contact an attorney immediately. Don’t let a blemish in your record turn into a complicated case putting your liberty and reputation at risk. Learn how to check if you have a warrant in Utah.
A pretrial criminal protection order is a written order during a domestic violence case that specifies and limits the contact a person who has been charged with a domestic violence offense may have with you or other specified individuals. If you have received a pretrial criminal protection order, you may have a lot of questions about why this has happened and what you can do as you move forward with the case.
Read further for more information from a Salt Lake City criminal defense lawyer about pretrial criminal protection orders, who they protect, the consequences of violating them, and what to do if you are involved in one.
Types of Pretrial Criminal Protection Orders
The pretrial criminal protection order is one of three types of orders of protection that may be issued by a court in a domestic violence case, all of which are intended to protect the victim between the time of the arrest of the perpetrator and the court’s jurisdiction. A pretrial or sentencing protection order supersedes a jail release agreement or jail release court order.
One other type is a jail release court order. A person who has been granted a jail release court order agrees in writing that they will not threaten or harass, knowingly enter the premises or the residence of, or have any contact with the victim. This jail release court order is entered into the Statewide Domestic Violence Network and is effective only until midnight on the day the person appears in court in person or by video arraignment.
The other type is a sentencing protection order. This may include the following conditions: prohibiting the perpetrator from contacting the victim; requiring the perpetrator to stay away from the victim’s home, place of employment, school, or home of a family member; prohibit the perpetrator from possessing or consuming alcohol or other controlled substances; prohibit the perpetrator from purchasing or using firearms or other weapons; direct the perpetrator to participate in an intervention program; direct the perpetrator to make restitution payments to the victim; or impose any other condition that will protect the victim.
Why and How Is a Pretrial Criminal Protection Order Issued?
A pretrial criminal protection order is intended to protect a victim of domestic violence in a court case, since the likelihood of repeated violence is present. It is only valid while the case is open. It may be issued during any court hearing where the defendant is present and can only be issued by the judge overseeing the case. It can be implemented either by the judge’s own volition or the victim’s request, which the judge is almost certainly guaranteed to grant.
It should be noted that the court is prohibited from charging a filing fee or charging fees for copies of court documents.
Regulations and Restrictions Under a Pretrial Criminal Protection Order
A pretrial criminal protection order gives the court an opportunity to provide protections for the victim that go beyond what is in provided a jail release agreement or jail release court order and serves various functions.
The primary function of the pretrial criminal protection order is to prohibit the defendant from committing violence against the victim or victim’s family. Furthermore, it prohibits the defendant from contacting the victim in any way, either directly (by telephone, email, etc.) or indirectly (sending messages to others to relay to the victim). The defendant is also prohibited from going near the victim’s residence, as well as their place of employment, school, etc. The court may also include any other relief or protection it deems necessary in order to protect the safety of the victim or their family.
A pretrial protection order does not necessarily have a provision for the court to restrict the perpetrator from owning weapons. The court can, however, issue an order against owning weapons as a condition necessary to protect the victim and their family. The court can order the perpetrator to surrender weapons to law enforcement, or the court can order law enforcement officers to seize any weapons the perpetrator may possess.
The court is required to put their reasons for issuing the order into writing. If the victim can be located, they will be provided with a certified copy of the pretrial protection order. The court will also send the protection order to an organization called “The Domestic Violence Network”, which covers the entire state of Utah. If the court or prosecutor dismiss the original criminal charge, the specific reasons will be recorded in the case file and will also be recorded in the specific file in Utah’s Domestic Violence Network system.
It is not guaranteed that the petition for a protection order can will ever be removed from a defendant’s record, even if the allegations are eventually determined to be unfounded.
It should be noted that a court during a domestic violence case does not have authority in a criminal domestic violence case to address child custody, child support, and parent-time issues. However, the court may inform the perpetrator and victim of the need to have these issues addressed through civil processes.
The Consequences of Violating a Pretrial Criminal Protection Order in Utah
Consequences for violating a pretrial criminal protection order are varied. Violation could result in a third-degree felony if the original arrest or subsequent charge filed was a felony. Concurrently, the defendant could receive a class A misdemeanor for violation if the original arrest or subsequent charge filed was a misdemeanor.
Utah Domestic Violence Defense Lawyer Offering Free Consultations
If you are currently involved in a domestic violence court case or have been served a court trial protection order, our Provo criminal defense attorneys can help. Contact us today at (801) 758-2287 for a free consultation with an aggressive trial-ready lawyer.
Imagine you are having a rushed morning. Between getting the kids ready, dropping them at school, and commuting to work, you just need an extra push to make it on time. Unfortunately, driving over the speed limit could cost you hundreds of dollars in fines, demerit points, or the suspension of your driver’s license. However, you may be able to appeal a speeding ticket in Utah, depending on the circumstances surrounding your case. Salt Lake City traffic ticket lawyer, Darwin Overson of Overson Law explains more about appealing speeding tickets in Utah.
Appealing Your Speeding Ticket in Utah
Utah’s Justice Courts manage most traffic violation cases. These county-based courts are in charge of overseeing most misdemeanor cases, but they also oversee cases for violations and traffic tickets.
Additionally, it is essential to point out that these courts are not “courts of record.” This means the proceedings are not recorded during a justice court’s hearing and do not become part of any record for review on appeal.
Therefore, if you wish to appeal a decision made by the inferior court, you must go to the local district court. If your case has merits for an appeal, the district court will grant you a “trial de novo” – a brand new trial of your case – rather than reviewing the record from the lower court like with a traditional appeal.
Keep in mind that you have a limited time to file your notice of appeal, or else you risk losing the chance to appeal your case. A criminal appeals lawyer can help you navigate the appeals process.
Utah Traffic Penalties and Fines
Violating traffic laws will likely result in several penalties which change depending on the infraction. The cost of your fine can be found on the state-issued fine schedule.
Utah’s Uniform Fine/Bail Forfeiture Schedule determines the sentences associated with traffic tickets and the respective fines. A speeding ticket’s value often changes depending on where the infraction occurred. For instance, a speeding ticket for going 1-10 mph over the limit in Davis County could cost you $120. On the other hand, you could face up to $170 in fines for speeding under the same circumstances in Sandy City.
Generally, the schedule provides judges with a starting point for imposing fines. However, while the schedule includes specific information related to the number of penalties a judge can impose, these numbers are not final. The judge has final say as to whether any aggravating or mitigating factors present in your case should increase or decrease the fine. For instance, you can face harsher penalties if you are convicted for speeding and drunk driving at the same time.
Can I Lose My Driving Privileges for Speeding in Utah?
If you are caught speeding, chances are you will get a traffic ticket. However, keep in mind that Utah also keeps track of your driving infractions as part of your driving record. The state uses a point-based demerit system when reporting traffic violations to the Driver’s License Division (DLD).
Every time you commit a traffic violation, you will receive demerit points on your driver’s license. If you reach 200 demerit points in a three-year span, you can get your license suspended. If you are under the age of 21, your license can be suspended if you reach only 70 points in three years.
The number of demerit points assigned to your license depends on the infraction. For instance, if you are stopped for reckless driving, you could get as many as 80 demerit points, or you could get up to 50 demerit points for running a red light. If you are pulled over for speeding, the number of points will change depending on how fast you were going.
Drivers have the chance to clear their record and reset the points back to zero, but this does not happen instantly. You have several options to get your demerit points reduced or eliminated. If you drive safely for the term of two years, you can have a new start – but keep in mind that you cannot have a single traffic violation during this period to qualify. Another way to lower your driver’s license points is to take a driving course. Utah provides defensive driving courses to help drivers who commit traffic violations. Completing the defensive driving course will take 50 points off your driver’s license.
Speeding Ticket Lawyer Serving Salt Lake City, Utah
While speeding may not seem like a serious offense for many drivers, it poses a high risk to your freedom and your driving privileges. Multiple traffic violations can lead to fines and the suspension of your driver’s license. In severe cases, you could also face jail or prison time and steep fines. If you were caught speeding anywhere in Utah, you need immediate legal representation from a skilled, knowledgeable Salt Lake City criminal defense lawyer. We can help you by aggressively upholding your rights through every stage of the process. To schedule a free, confidential consultation on your case, call Overson Law today at (801) 758-2287.
One of the biggest problems in the criminal justice system is how to treat mental illness. In some cases, people only commit crimes because their mental illness makes it difficult to make better decisions, leads to compulsive behavior, or drives them toward isolation. There are thousands of individuals incarcerated in Utah’s jails and prisons that could benefit from an increased focus on mental health care rather than punishment or incarceration. The Mental Health Court seeks to get offenders the mental health treatment they need, along with taking steps to prevent reoffending. If you or a loved one was charged with a crime and feel as though you could benefit from taking your case to the Adult Mental Health Court, call a Salt Lake City criminal defense lawyer at Overson Law today for a free consultation on your case.
What Does the Adult Mental Health Court Do?
The Mental Health Court is not a “court” in the same sense as the district courts and justice courts throughout Utah. Those courts are physical courthouses and court systems put in place with judges and prosecutors to handle criminal charges of various levels. Instead, the Mental Health Court is a system put in place to hold hearings and assessments for offenders with serious mental health issues. The goal of this “court” is to prevent those who need special care and attention from being overlooked in general population in jail or prison.
Before criminal justice systems began using mental health courts, people had the choice of pleading insanity or accepting the punishment for their crimes. Pleading insanity can lead to mental health treatment instead of incarceration, but this typically only occurs in very severe cases of mental illness. In more moderate cases, it becomes impossible to seek mental health treatment as part of your involvement with the criminal justice system, and offenders with mental health needs are often incarcerated and their needs are not met.
Mental health courts seek to change that by working with mental health professionals to get offenders the help they need while still helping prevent future crime. Utah’s adult mental health courts seek to stop defendants with mental health needs from going through the traditional justice process, keep them out of jail, and still improve community safety by decreasing recidivism.
Ultimately, the Mental Health Court is designed to help these individuals and the community in general. Treating the defendant instead of the offense can help protect potential victims and save money if these programs successfully keep individuals from reoffending and returning to jail.
Requirements for Mental Health Court in Utah
Utah’s mental health courts are managed by the county. There are 13 mental health courts in the state. In some districts, there are multiple mental health courts – one for felonies and one or more for misdemeanors. Throughout Utah and the country, these courts have a complex process to get admitted.
There is a two-step process for admittance to mental health diversions. To qualify for a mental health court, you must meet both the mental health requirements and legal requirements for your case.
Medical/Mental Health Requirements
To qualify for the mental health courts, you must have an “Axis I disorder,” as listed in the Diagnostic and Statistical Manual of Mental Disorders (DSM). Typically, this means diagnosis with things like schizophrenia, bipolar disorder, or schizoaffective disorder (personality disorders that frequently lead to criminal behavior). Diagnoses for depression or post-traumatic stress disorder may also apply, depending on the court’s specific rules.
The individual court’s rules are important in this step, since different courts have different resources. For instance, some may not have the ability to help people with disorders stemming from brain trauma.
Legal Requirements
Some cases are automatically excluded from mental health court – but again, these rules are based on the county’s individual rules. Most mental health courts exclude DUI charges, sex offenses, and extremely violent offenses. In any case, the prosecutor will review the specifics of the case to determine if mental health court is appropriate.
Paying for mental health court is always a concern. Some mental health courts require participants to apply for Medicaid. In addition, these courts are called “adult” courts because they are only open to adult offenders, and juvenile offenders cannot seek treatment this way.
Applying to Mental Health Court
The process for applying is complex and should always be handled with the help of an attorney. This process may require you to seek medical care or mental health evaluations on your own so that you can prove your diagnosis before you are accepted to the program. Talk to a defense attorney to help guide you through the process.
Before entering the mental health court, you will usually be asked to enter a guilty plea to the charges you face. Failing to complete the program usually means entering this plea on the record and facing the criminal penalties if you cannot complete the mental health court’s requirements.
Salt Lake City Defense Lawyers for Mental Health Court Applicants
If you or a loved one committed a crime and suffers from serious mental health issues, contact an attorney today. The Utah criminal defense attorneys at Overson Law help defendants apply to the Adult Mental Health Court in their county and work through their case. To schedule a free consultation on your case, contact our law offices today at (801) 758-2287.
If you were sentenced to a term of probation instead of being sent to jail, this is an enormous break. Rather than keeping you in confinement, the government may place certain limitations and requirements on you, but you get to keep most of your freedom. Probation violations may be taken very seriously, even for slight or technical violations. If you severely violate your probation – even just once – you can be sent straight to jail with only some due process.
Salt Lake City probation violation attorney Darwin Overson of Overson Law represents people at probation hearings and fights to keep them out of jail. If you or a loved one was arrested for a probation violation, talk to an attorney today to see what your options may be, and what potential punishments you could be facing.
Probation Violation Penalties in Utah
Probation is often thought of as an alternative to jail time. For many charges where physical confinement is too harsh of a punishment, judges may be willing to allow a defendant to face a term of supervision instead. However, for many people, probation is merely a stepping stone on the way to jail. Any probation violation can mean immediate arrest, triggering the end of your probation. After this happens, the defendant is sent straight back to jail and probation is revoked.
Every probation sentence has different terms. You can only violate the terms of your probation that are specifically added to your case. However, there are plenty of standard terms or probation that are applied to every case. These may include things like the following:
- Regularly check in with probation officers (POs),
- Don’t commit any further crimes,
- Pay court fees and fines,
- Don’t leave the state without getting permission from your PO, and
- Report any changes in address, employment, or people you live with.
Even something as simple as failing to appear at one meeting with your PO could count as a violation of parole. The law itself does not make any distinction in punishing a violation for failing to check in or for committing another crime. Either way, you could be arrested, sent to jail, put through a quick hearing to confirm you did violate parole, and immediately sent back to jail.
If you did commit another crime as a parole violation, you could also be tried and sentenced for that crime as well. This will require a new trial, which you should also hire an attorney for.
First Probation Violations
If you have a history of good behavior on probation, you may be able to avoid going back to jail. There is absolutely no guarantee that this will happen, though. Since any violation could return you to jail, you may only be able to avoid going back to jail if prosecutors or a judge are willing to give you a break.
If you are nearing the end of your term of probation, prosecutors and judges may be convinced to allow slight violations. Since the rules of probation are so strict, partial or slight violations may seem minor alongside a record of good behavior. For instance, calling your PO to say you cannot check-in in person may technically count as a probation violation if you were required to appear in person. However, there are three levels of discretion before this violation results in any consequences:
- First, your parole officer may see a violation as too slight to report.
- Second, police or prosecutors may see the violation as something not worth re-arrest.
- Third, a judge may be lenient and allow the error without triggering a probation violation.
In any of these cases, there may be increased terms or length of probation, but a full violation of probation and return to jail may not be ordered. Getting this kind of treatment is a serious break, and should never be something you count on.
If you were arrested for a violation, and it seems unlikely the government will let the violation go, they still need to prove your violation. You have the right to an attorney and a hearing for the government to prove your probation violation. However, the standard is not “beyond a reasonable doubt” for these hearings. Instead, the probation board only needs to prove it is more likely than not (“by a preponderance of the evidence”) that you violated your probation. Having an attorney is incredibly important to challenge evidence and beat a probation violation.
Salt Lake City Probation Violation Lawyer
Salt Lake City criminal defense lawyer Darwin Overson represents defendants throughout the Salt Lake City area. If you have been charged with a crime or arrested for a probation violation, or parole violation talk to an attorney today. Never face the probation board alone if you were charged with a probation violation, or else you face the risk of being sent back to jail. Call (801) 758-2287 today for a free consultation on your case.
When a person is accused of committing a crime, his or her first concern is usually what sort of consequences could result from a conviction. Utah sentencing laws allow criminal courts to impose hefty fines and tough sentences, particularly for felonies, such as manslaughter. Salt Lake City manslaughter attorney Darwin Overson explains how sentencing for manslaughter in Utah works, including an explanation of when the death penalty (capital punishment) is a sentencing possibility in homicide cases.
What is the Maximum Sentence for Manslaughter in Utah?
All felonies are serious crimes, but not all felonies are equal. Instead, felonies are sorted into a legal hierarchy where some offenses have more severe penalties than others.
There are three basic types of felonies in Utah: third degree felonies, second degree felonies, and first degree felonies. (There are also offenses called “capital” felonies, but there is only one crime in this category, which will be explained in greater detail shortly.)
With some exceptions where a statute calls for a specific sentence, each class of felony has its own sentencing range. Judges use their discretion to impose a sentence that falls somewhere within this range, depending on factors like:
- Whether the defendant had authority over the victim.
- Whether the manslaughter (or other offense) was committed as a hate crime.
- The defendant’s criminal record, if any.
In addition to establishing the legal definition of manslaughter, Utah’s manslaughter statute, which is located at Utah Code § 76-5-205, categorizes manslaughter as a second degree felony. Sentencing for a second degree felony in Utah ranges anywhere from one to 15 years in prison. Strategic representation by a Utah manslaughter defense lawyer, who can work to persuade the judge to be more lenient, can make the difference between a one-year sentence and spending more than a decade in prison.
In addition to a one- to 15-year sentence, the sentencing judge may also impose a fine as great as $10,000, which is the maximum fine for a second degree felony in Utah.
Driver’s License Revocation for Vehicular Manslaughter in Utah
Utah’s manslaughter statute does not establish any special or unusual sentencing provisions for defendants in manslaughter cases, except to note that a conviction will, in addition to other penalties, cause the person’s driver’s license to be revoked in cases where the victim’s death was caused by a vehicle (i.e. vehicular manslaughter). In such cases, Utah Code § 76-5-205(3)(b) instructs the court to forward information about the conviction to the Driver License Division of the Department of Public Safety, which will then take the necessary actions to revoke the license.
Is a Manslaughter Conviction Punishable by Death?
The short answer to this question is no: manslaughter is not punishable by death in Utah. In fact, you may be surprised to learn that defendants who are convicted of murder do not receive the death penalty, either.
In all of Utah’s criminal code, which establishes definitions and penalties for hundreds of different offenses, there is only one crime for which capital punishment may be imposed: the crime of aggravated murder, which is sometimes called “capital murder” for that very reason. Murder and aggravated murder are different charges. In order for murder charges to be aggravated, the crime must have involved specific details or situations, such as committing murder for financial gain.
Even in aggravated murder cases, it is rare for prosecutors to seek the death penalty – and manslaughter, which is a major but less serious offense, is never punishable by death under Utah’s sentencing laws.
Salt Lake City Homicide Attorney for Manslaughter and Murder Charges
To learn more about manslaughter, how it is defined, and how it is different from being charged with murder, you can refer to our free library of legal resources, which includes additional information about Utah manslaughter charges. However, if you are reading these words because you think you are under investigation for manslaughter, or because a family member or loved one was arrested and charged with manslaughter, you need to contact a Utah defense attorney immediately. Homicide crimes are among the most serious offenses a defendant can ever be charged with committing, so it is imperative that you have the benefit of skilled and effective legal representation on your side in court.
Darwin Overson is a highly experienced Salt Lake City murder attorney and manslaughter attorney handling felony homicide charges throughout all areas of Utah. Darwin represents both adults and juvenile defendants, and is available to make emergency visits to county jails throughout the state.
There is no time to lose reviewing your case and examining your legal options. For a free legal consultation with Darwin regarding manslaughter charges, murder charges, or other homicide charges in Utah, contact the law offices of Overson Law right away at (801) 758-2287. We will keep your information confidential.
