Criminal charges can completely ruin your life, and you should not allow the authorities to bulldoze you. An experienced attorney can help you challenge the charges and evidence against you while fighting to protect your rights. The sooner you hire a lawyer to help you, the better.
When you are arrested, the police will likely take you into custody for questioning. You have a right to have a lawyer with you during questioning, and you can choose not to answer police questions. After being charged, you may go before a judge for a first appearance, followed by several other pretrial hearings. Depending on how long the authorities want to investigate and the overall complexity of the case, you may be on trial sooner than you think.
Contact our criminal defense attorneys with Overson & Bugden by calling (801) 758-2287 and get a free, private case review to begin.
What Happens When You Are Arrested?
Being arrested is never a fun experience, but it is crucial that you stay calm and take certain steps to protect yourself.
First, you will be taken into police custody. How this happens varies from case to case. Some people see it come and can prepare for a confrontation with law enforcement. Others are completely blindsided. Either way, you will probably be held at the police station for questioning.
Before questioning is the booking process where the police take photos and fingerprints for their database and ask you for basic biographical information. You should cooperate during the booking process, as these questions are not meant to be incriminating or used against you in court.
When the police ask questions about the alleged crime, they are conducting custodial interrogation. You must be Mirandized before this happens. If you are not, tell our criminal defense lawyers immediately, as your answers may have been obtained illegally.
Possible Criminal Charges
The Utah Criminal Code is packed with countless possible crimes and charges. Generally, crimes fall into one of three categories of offenses ranging in severity and possible penalties.
Infractions
An infraction is a minor offense that is often not punished with any jail time. However, fines are still possible and can be expensive.
According to Utah Code § 76-3-205(1), someone convicted of an infraction may be punished with a fine, forfeiture, disqualification, or a combination of these penalties. You may also be required to perform community service.
Infractions are not considered crimes, so you might not have the right to a lawyer or a jury like you would in a typical criminal case. However, you can and should still defend yourself with a lawyer.
Misdemeanors
A misdemeanor is a more serious offense that is divided into three subcategories.
According to § 76-3-204, a Class C misdemeanor is the least severe and may be punished with a jail term not to exceed 90 days. A Class B misdemeanor is one step up and may be punished with a jail term of up to 6 months.
A Class A misdemeanor is the most severe misdemeanor offense and only one step below a felony. Generally, a jail term for a Class A misdemeanor conviction may not be longer than 364 days. Certain violent offenses that are Class A misdemeanors may be punished with up to 1 year in jail.
Felonies
Perhaps the most severe charges you might face are felonies. Even lower-level felonies may be met with incredibly severe punishments, and you should contact an attorney for help immediately.
According to § 76-3-203, a third-degree felony may be penalized with a prison sentence of up to 5 years. A second-degree felony may be punished with no less than 1 year and no more than 15 years in prison. Finally, a first-degree felony may be penalized with a prison term of at least 5 years and up to life imprisonment.
What Happens After You Are Charged with a Crime in Clearfield, UT?
After a person is formally charged with a crime, they must go through multiple court appearances before a trial is even scheduled. It is important that you hire an attorney to help you before your first court appearance.
The first time you go before a judge is called the “first appearance.” This is a somewhat short hearing where a defendant may be appointed an attorney if they do not have one, and the court will schedule a preliminary hearing
Preliminary hearings are usually reserved for felony cases, and the prosecutor must present enough evidence to convince the court that a crime has been committed and that the defendant likely committed the crime. This does not have to be enough to meet the burden of proof, but enough to hold you over for a trial.
If you are held for trial, you must go through an arraignment. At this hearing, the judge will advise you of your rights to have a jury or a bench hearing with just a judge. You may also enter a plea at this stage.
We may also call for a motion hearing where we can present pretrial motions to the judge. These motions are often to suppress evidence that was illegally seized or otherwise inadmissible. It may also be used to highlight violations committed by the authorities.
What Happens During a Criminal Trial?
The trial is the culmination of all our work and preparation. It starts with opening statements from both sides, and the prosecutor always gets to go first because they have the burden of proof.
The prosecutor will then present their evidence, which can take days or even weeks in more complex cases. Along the way, our criminal defense attorneys will be able to raise objections and question the prosecutor’s witnesses.
When the prosecution rests, we will have the chance to present our own evidence undermining the charges against you. However, the prosecutor will now be the one raising objections and questioning our witnesses.
It is crucial that we follow strict courtroom procedures at all times. If anyone deviates from the rules even slightly, the judge will become upset. Major violations could cost us the entire case.
How to Fight Criminal Charges in Clearfield, UT
The key to a good defense is developing an effective legal strategy. How we strategize in your case will depend on a myriad of factors surrounding your case. Below are some possible factors we should consider.
Challenging the Evidence
Challenging the evidence is something we should do in almost every criminal case, but exactly how we go about it should be tailored to each defendant’s needs.
One way we can challenge evidence is to file pretrial motions. If evidence was seized in violation of your rights or is inadmissible for other reasons, we can file a motion to have it suppressed before the trial begins. This way, the jury will never see the illegal evidence and may not consider it in their verdict.
We can also challenge evidence by raising in-court objections. If prosecutors pursue a line of questioning that is not allowed or try to present evidence that violates the Utah Rules of Evidence, we may object. The judge will decide if our objection is sustained (meaning they agree with us) or overruled (meaning they disagree).
Police Misconduct
Police misconduct is an unfortunately common problem in our justice system, and it may influence how we develop defense strategies in your case.
One somewhat common example of police misconduct or mistakes involves Miranda issues. When the police question you about the alleged offense, they must read you your Miranda rights, including your right to have a lawyer and remain silent. If they do not, anything you told them may be suppressed.
Another example is a warrantless search and seizure. Generally, the police must have a warrant to conduct a search of private property and seize evidence. While exceptions to the warrant requirement exist, the police must be able to prove that an exception existed. If they cannot, the seized evidence may be tainted and kept out of the case.
Reasonable Doubt
Once we get to the trial, our main goal is to raise reasonable doubt in the minds of jurors. Remember, the prosecutor must prove their case beyond a reasonable doubt. If jurors have a good reason to doubt your guilt, they should not find you guilty.
Even if we cannot suppress the evidence presented by the prosecutor, is there room for doubt? Their evidence might not be definitive, and there may be plenty of room for doubt.
When You Should Hire a Criminal Defense Attorney
Many people do not think about hiring a criminal defense attorney until after they are taken into custody. While this is one way to handle things, you can hire a lawyer sooner. If you believe you are under investigation or have already confronted the police before, call an attorney and get help.
If you were unaware that you were under investigation before you were arrested, you should hire a lawyer as soon as possible after being taken into custody. The police must allow you the opportunity to call an attorney at some point. If they begin questioning and you do not have a lawyer, demand that questioning stop and demand a lawyer.
If you still do not have a lawyer after being questioned, you should get one before your first court appearance. Judges tend to be skeptical of defendants who show up without lawyers, and they may be willing to give you extra time to find one.
What Happens If You Are Convicted in a Clearfield, UT Criminal Court
Sometimes, a conviction cannot be avoided, but that does not mean our fight has come to an end. Your attorney should immediately begin working on an appeal.
A direct appeal must be filed within 28 days of the entry of the court’s order of judgment. This is a very tight deadline, and we should begin working on the appeal immediately. If we can anticipate the conviction before the end of the trial, we might start drafting the appeal even sooner.
We can appeal any legal errors we believe occurred during the trial that might have unfairly influenced the outcome. Overruled objections and denied motions are just a couple of grounds for appeal. We might also appeal inappropriate jury instructions or the introduction of illegal evidence by the prosecution.
During the appellate hearing, the court will not consider any new evidence or witness testimony, and it will not decide issues of guilt or innocence. Instead, the court will review the trial court record to determine if an error did indeed occur and whether it is grounds for a new trial.
How Long Do Criminal Trials Last?
Criminal trials are not fun, and defendants often want to get them over with as soon as possible. Exactly how long your case takes depends on your circumstances.
Many criminal trials last only a few days to a week. This is common in cases where the charges are less serious or more routine, like non-violent misdemeanors. It is also more common in cases where the facts and evidence are not complex.
Some more serious cases may take several weeks, especially if there is a large amount of evidence to review. Violent felonies or cases involving serious injuries or death tend to take longer. There is often more evidence to sift through, more witnesses, and more complicated facts.
Some cases take a long time because they are highly publicized. High-profile cases tend to move more slowly because the public is watching, and the courts want to ensure that there are no mistakes. In others, the alleged crime may be so severe that the authorities spend a considerable amount of time investigating to gather as much evidence as possible.
Talk to Our Clearfield, UT Criminal Defense Attorneys as Soon as Possible
Contact our criminal defense attorneys with Overson & Bugden by calling (801) 758-2287 and get a free, private case review to begin.
