Getting a lawyer after you were charged with a crime is one of the best decisions you might ever make. We can help you at your lowest point and protect your rights, defend you against false or unfair accusations, and work to reduce or eliminate various charges or penalties you might be facing.
When your freedom is on the line, you deserve a fair trial and due process, and you deserve to have your constitutional rights protected. Never try to talk to police or handle the charges against you on your own; always call us.
For your free case evaluation, contact Overson & Bugden’s criminal defense lawyers at (801) 758-2287 right away.
When Do I Need a Lawyer?
You should have a lawyer on your side any time your freedom is on the line. Even for lesser charges like misdemeanors and infractions, you could face high fines, probation, and other penalties, even for first-time offenses.
When to call a lawyer depends on what happened to you:
Police Questioning
If you are asked to answer some questions – even before you are arrested – get a lawyer right away. You have the right to have an attorney present during police questioning, even if you are not “in custody,” and you certainly have the right to a lawyer during custodial interrogations.
Even if you did nothing wrong, answering police questions the “wrong way” could still attract charges, so get a lawyer if the police come asking questions or requesting an interview.
After a Search Warrant
If you were served with a search warrant, you might be under investigation. Sometimes the police just want evidence of someone else’s wrongdoing, but even this could implicate you in surprising and sometimes confusing ways.
Search warrants cannot typically be challenged right away, but you should call a lawyer as soon as you can after the search to get us on your side and start your defense case.
After an Arrest
If you were arrested, definitely get a lawyer. You are on your way through the criminal justice system already, and the police are already interested in holding you responsible for something. At this moment, stop answering questions, and do not talk to anyone about your case without us present.
Will I Go to Jail for My Offense?
One of our jobs as your criminal defense lawyer is to keep you out of jail. Even first-time and low-level offenders might be sent to jail at the judge’s discretion, and it could take arguments or even plea negotiations to keep you from jail.
In many cases, we can argue for probation or other lighter penalties – like a fine. But if the prosecution really wants to throw the book at you and send you to jail, we might have no choice but to defend you at trial.
In any case, we can discuss the potential penalties in your case and walk you through your options for defenses, plea negotiations, etc.
What Does the Prosecution Need to Prove in My Case?
The prosecution has the “burden of proof” in a criminal case. That means they need to present evidence and testimony of what happened and prove, beyond a reasonable doubt, that you committed each element of the crime you are charged with.
Elements of a Criminal Charge
The specific elements differ from crime to crime, but they usually involve actions and intent:
- Action elements state what actions the DA needs to prove you took, e.g., injuring someone for assault charges, taking their property for theft charges, or having drugs on your person for drug possession charges.
- Intent elements show what state of mind the DA needs to prove you had. For example, sometimes they need to prove you acted recklessly (i.e., you ignored the potential danger) while most crimes are based on intentional, knowing, or purposeful acts.
What We Have to Prove
If they cannot carry this burden, then they lose the case. The defense does not have to prove anything to counter it, but any “reasonable doubt” we can introduce can lead to an acquittal.
FAQs about Criminal Defense Cases in Clinton, UT
Do I Look Guilty if I Get a Lawyer?
If is your right to get a lawyer if you want one. Using that right does not change your guilt or innocence, and police, prosecutors, judges, and juries should not pretend it does.
It is always better to err on the side of having a lawyer than trying to worry about how it might potentially affect your image. If you are being questioned or arrested, call a lawyer.
Why Shouldn’t I Answer Police Questions Without a Lawyer?
Police often ask questions in ways that are designed to get you to give up more information than you probably should. They may even present you with lies or false information as bait so that you talk more to try and correct the record. They may also try to pressure you through illegal methods.
At the end of the day, you might not know what the police want or what you can say no to. Our lawyers are there to help take the pressure off you, keep you safe, and help you make informed decisions about how to proceed.
What Charges Does Your Firm Handle?
Our attorneys handle a wide range of charges:
- Juvenile charges
- Theft/shoplifting
- Robbery
- Burglary
- DUI
- Drug possession
- Drug trafficking
- Assault/aggravated assault
- Sexual assault/rape
- Domestic violence
- Vehicular homicide
- Manslaughter
Can I Hire a Lawyer for Someone Else?
Our lawyers are often hired by parents, grandparents, or other family members seeking representation for someone else. However, it is important to keep in mind that attorney-client privilege and ethics rules require us not to disclose anything about the case to you without our client’s permission, even if you are paying us.
We also handle juvenile charges.
Call Our Criminal Defense Lawyers in Clinton, UT Today
For your free case evaluation with the criminal defense lawyers at Overson & Bugden, call (801) 758-2287.
