Getting a lawyer is one of the best things you can do for yourself after you have been arrested or charged with a crime. We can look out for your rights and seek to protect you from the criminal justice system, all the while looking for options to plead down the case or get charges dropped/dismissed.
Never walk into a criminal case without a lawyer. Police and prosecutors are always willing to use anything you say against you, and police do not have to look out for your best interests when their goal is to get a conviction. In contrast, our goal is to stand up for you, make sure you get your fair chance at a strong defense, and help you in this trying time.
Call Overson & Bugden today at (801) 758-2287 for a free case evaluation with our criminal defense lawyers.
What to Do if You Were Pulled Over or Arrested and Charged in Cottonwood Heights
If the police stop you and want to investigate you or they actually arrest you, there are steps you should take – including calling a criminal defense lawyer right away.
Ask if You Are Free to Go
Police are allowed to briefly detain you to ask you questions if they have reasonable, articulable suspicion that a crime was committed and you were involved. This is common with traffic stops and DUI investigations.
Once they stop you and ask you questions, you may have to give ID, but you can also ask if you are free to leave. If you are, leave; that would mean they have not arrested or detained you.
Be Wary of Field Sobriety Tests and Breathalyzers
If you are in a traffic stop and the police want you to perform field sobriety tests or blow into a breathalyzer, be careful. These tests are not very scientific, and they can often return “positive” results even if you are sober.
You can refuse to perform field sobriety tests, and you can refuse a pre-arrest breath test. The officers might not be happy, but this is allowed.
You cannot, however, refuse a post-arrest chemical breath test or blood draw (though a warrant should be needed for a blood draw).
Remain Silent
If police ask you questions, you have no obligations to answer (beyond IDing yourself in some situations, e.g., when driving). You can simply say that you want to remain silent, then actually do so.
Call a Lawyer
You also have the right to a lawyer. You are always free to tell the officers you will not answer questions without your lawyer present, even if you have not been arrested yet.
If you have been arrested, definitely tell them you want a lawyer, then call us.
What Are My Rights as a Criminal Defendant?
It is important to know your rights so you do not accidentally expose yourself to potential criminal liability by admitting to anything unfairly. Police are supposed to read you your Miranda rights if you have been arrested and they want to ask you questions, but the timing of this is sometimes confusing.
Miranda Rights
After an arrest, but before interrogating you, the police must read you your Miranda rights. This includes statements saying
- You have the right to remain silent.
- You have the right to an attorney.
- If you cannot afford one, one will be provided.
- Anything you say can and will be used against you.
These rights technically apply before arrest, too, but they do not need to read them to you at that time. In fact, they do not need to read them when you are arrested, either. They only need to read them if
- You are in custody
- They are starting an interrogation.
Right to Remain Silent
If you are asked any questions, you always have the right to remain silent. You have to verbally say out loud that you are using your right to remain silent.
If you invoke this right while in custody, the police cannot ask you further questions about this investigation (except for basic biographical and ID information and other things).
If they keep questioning you anyway, just be clear and invoke your right again. You must also actually then remain silent/refuse to answer questions. If you come to them and start answering questions unprovoked, they may be able to restart interrogations.
Do not give them info. Do not confess to anything.
Right to an Attorney
You do not have to talk to police without your lawyer present. If you have been arrested and they want to ask you questions, you should say that you will not answer any questions without your lawyer present.
This cannot get you out of questions entirely; once your lawyer gets there, they can question you again. But they cannot continue asking you about any investigations – for this crime or others – without your lawyer there.
If they continue questioning you anyway, repeat your demand for your lawyer.
Arraignment
At your arraignment, you are permitted to have your lawyer there as the charges are read to you. This is also where you enter your “not guilty” plea and continue to fight the charges.
If you plead guilty, you go straight to sentencing.
Right to a Fair Trial
You have the right to a trial. While some misdemeanors and traffic offenses have no jury, you still get the right to go to trial if you want to.
Only once the crime has been proven beyond a reasonable doubt can you be convicted. If you plead guilty, you give up your right to a trial.
Bail Hearing
If you have been arrested, a bail assessment should be made to look at
- The chances you will return to court, taking into account your ties to the community, your past track record with showing up to court dates, and other factors
- Whether you are a threat to the community.
If you are not a threat and you should return to court easily, then you may be released on your own recognizance. Otherwise, bail might be set to help make sure you show up to your next court date, or else lose the bail money.
If you are a flight risk, bail might be set high; if you are a threat to the community, bail might be denied. Either way, our lawyers can try to fight bad bail decisions and get you released while you await trial.
What Kinds of Charges Do You Cover?
Our criminal defense attorneys represent people charged with all kinds of offenses, including the following:
- Theft
- Fraud
- Assault
- Drunk driving
- Drug possession
- Drug trafficking
- Weapons crimes
- Domestic abuse
- Rape and sexual assault
- Manslaughter
- Murder
- Other homicide offenses.
Our lawyers also take on cases for college students and juvenile crimes. If you are a parent looking for a lawyer for your child, we can certainly help.
We can also help with serious traffic offenses that could lead to license suspensions, such as reckless driving.
FAQs for Criminal Defendants in Cottonwood Heights
Should I Use My Own Lawyer or a Public Defender?
Usually, you do not get a choice: if you can afford a lawyer, you can’t get a public defender, and if you qualify for a public defender, it means you probably can’t afford your own lawyer.
However, if you are considering putting together the funds to pay for your own lawyer, it is often better. Public defenders mean well, but they are often so overwhelmed with their case loads that they cannot give the time needed to each defendant, while our lawyers can.
Can You Come to the Jail?
Our attorneys often have to meet with our clients in jail to protect their rights and defend them in their case.
Can You Represent Me in Municipal Court?
Many cases start in lower-level courts for misdemeanors, meaning our representation will start there, too. Many serious traffic offenses are also handled in municipal court, and we handle those as well.
Will I Face Jail Time?
Many first-time offenders and people who commit low-level crimes should not be put in jail for their offense. Obviously, our goal is to keep you from a conviction in the first place, but many people who are convicted can face probation and other penalties instead of jail time.
Are My Charges Serious Enough to Need a Lawyer?
Any time there is a possibility of jail time or high fines, you should get a lawyer. Even “low-level” offenses can go on your record and make things worse for you down the road, especially if you are seeking a professional license or want to work with kids.
Take the case seriously and always call our criminal defense lawyers for a free case review, where we can discuss your charges and what we can do for you.
Can I Answer Police Questions Without a Lawyer?
Never answer questions from police about a crime you or anyone else might have been involved in until you have your lawyer present. Anything you say can be used against you, and it might be misinterpreted or open you to potential criminal liability.
Always use your right to remain silent and request an attorney if you are approached for a police interview or arrested and subjected to police interrogation.
Can I Hire a Lawyer for Someone Else?
Many of our cases involve parents paying for lawyers for their children, whether they are adults or juveniles. It is certainly possible to pay for someone else’s lawyer, but there are some ethical considerations you should be aware of.
Regardless of who is paying for the lawyer, our client is the defendant who was charged. This means that we have attorney-client privilege requirements with them, and we cannot involve you in the case or discuss the case with you without their express permission. We also have to follow our client’s wishes when it comes to accepting plea deals or fighting the charges, not the wishes of the person paying us.
Should I Get a Lawyer if I Haven’t Been Charged Yet?
If you have been questioned by police, served with a search warrant, or been near criminal investigations of people around you, it is well worth it to consult with a lawyer of your own.
You do not need to wait until the police come knocking down your door to arrest you before lawyering up. This also does not indicate guilt or make you a bigger target for police investigation, no matter what the police might tell you.
Can I Get a Warrant Cleared?
Many warrants are issued for arrest after a criminal investigation. These arrest warrants are signed by a judge and are usually served quickly. That means you do not get any prior notice that there is a warrant and may have no time to stop the warrant.
Bench warrants, on the other hand, are often issued after a failure to appear in court. You can work with your lawyer to call the courthouse and get these warrants cleared in many cases if you are willing to reschedule your court date, show up to trial, and deal with the charges against you. Our lawyers can help with that.
Can I Appeal My Case?
If you lose your criminal case, you can appeal it on many grounds. Most of these require some sort of unfair treatment or legal mistake from the judge that affected the outcome of your case.
You can also file collateral appeals, which include things like post-conviction relief petitions based on changes in law, new evidence, and constitutional rights violations.
What is a Plea Agreement?
Many cases are resolved with “plea deals” or “plea agreements.” This means you plead guilty in exchange for some kind of benefits. Plea deals can often result in
- Reduced charges
- Dropped charges
- The prosecution recommending reduced penalties to the judge.
They can also result in an agreement where the case against you is dropped upon completion of community service, addiction counseling, anger management classes, or other relevant programs.
A plea agreement might also involve you agreeing to testify against another defendant for reduced charges or other benefits.
Will I Be Offered a Plea Agreement?
There is never a guarantee you will be offered a plea deal or that the plea deals offered will be fair. Always work with a lawyer.
Never plead guilty without a signed agreement, negotiated by your attorney.
Call Our Criminal Defense Lawyers in Cottonwood Heights Today
Call (801) 758-2287 for a free case review with Overson & Bugden’s criminal defense lawyers.