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Holladay Criminal Defense Lawyer

best Salt Lake City criminal defense lawyer

Being charged with a crime can feel overwhelming, but it is possible to put up a strong defense and beat the charges. Do not be intimidated by law enforcement if you are arrested. Remain calm and contact a defense lawyer for help right away.

It is crucial that you understand your rights if you are arrested. You do not have to answer questions from law enforcement about the supposed crime, and you have the right to have a lawyer present if you choose to answer questions. Once you have a lawyer, they can immediately begin working to get you released. If you are formally charged, we can start working on securing bail. Even if you have not been arrested, it is a good idea to contact a criminal defense lawyer if you have reason to believe that you are under investigation.

Get a free, confidential review of your case from our criminal defense attorneys by calling Overson & Bugden at (801) 758-2287.

What Should I Do if I am Arrested in Holladay?

If you or someone you know is arrested, try to stay calm and do not resist the authorities. Contact a lawyer for help as soon as possible.

Know Your Rights

You must understand your rights when you are arrested so you can better protect them. You have the right to remain silent. If the police question you about the alleged crime, you may choose to say nothing, and your silence cannot be used against you. If you decide to answer questions, you have the right to have a lawyer present. Invoke these rights clearly and directly as soon as possible.

Demand a Lawyer

After being arrested, ask for a lawyer as soon as possible. If the police do not immediately give you the chance to call a lawyer, continue asking. Be direct and clear. Do not be afraid to sound rude or impatient. If the police refuse to let you call a lawyer, this is a massive legal violation.

Secure Pretrial Release

After arrest, you and your attorney should focus on securing your pretrial release. If prosecutors do not have enough evidence to press charges, our criminal defense lawyers can urge law enforcement to release you. Keep in mind that you can be re-arrested and charged later if authorities gather additional evidence.

If you are charged, we should focus on securing bail. All defendants have a right to a bail hearing, and bail is denied only in more serious cases. Most defendants are released on bail. On top of that, cash bail is becoming less common, and we may be able to secure your release without having to pay the court money.

When Should I Hire a Criminal Defense Lawyer?

If you are unsure whether you need a lawyer, call one anyway. In general, the sooner you hire a lawyer, the better.

During a Criminal Investigation

The police may investigate before they arrest you. The investigation might take time, and if you are aware that you are being investigated, call a lawyer right away. You can explain to your attorney that you are being investigated and that you are worried about being arrested. Your attorney can advise you on how to conduct yourself during the investigation, what to do if the police knock on your door, and how to handle being arrested.

After Arrest

You may instead call a lawyer after being arrested. This is common, as many defendants are unaware they are being investigated until after the police arrest them. After arrest, immediately ask the police for an opportunity to call an attorney. You may have to go through the booking process first, but you should be given a chance to call a lawyer before the police start questioning you about the alleged offense.

Before Your First Hearing

If you have not called a lawyer by the time you are formally charged, now is the time to do so. Your first hearing may be your “first appearance” if you are facing felony or Class A misdemeanor charges. If you are facing Class B or C misdemeanors, your first hearing may be your arraignment. Either way, if you do not have a lawyer at this hearing, tell the judge. They may postpone the hearing so you have time to call a lawyer.

What Defense Strategies Should I Use to Fight My Charges?

You may have multiple defense strategies to consider, depending on your charges and the facts surrounding the case. Your defense attorney should help you determine the most effective way to fight your charges.

Insufficient Evidence

Prosecutors need enough evidence to prove the charges against you “beyond a reasonable doubt.” This is a high burden of proof, and the prosecutor’s evidence is not always sufficient. If it appears that there is no way that the prosecutor can meet their burden of proof, we can file a motion to dismiss the case for a lack of evidence.

Illegally Seized Evidence

Some evidence might have been taken by the police in violation of your rights. This sometimes happens when the police search a property without a valid search warrant. We can file a pretrial motion to have this illegally seized evidence excluded from the case so it cannot be used against you. If key evidence is excluded, the case against you may fall apart.

Plea Agreements

For some defendants, the best way to fight the charges is to plead guilty. Prosecutors may be willing to offer a plea agreement in which they reduce your charges in exchange for your guilty plea. This can help defendants facing overwhelming evidence avoid harsh penalties. If you accept a plea agreement, you waive your right to a trial, and it can be very difficult to appeal the case later. As such, you should review any offer for a plea agreement with your lawyer.

FAQs About Fighting Criminal Charges and Hiring a Criminal Defense Lawyer

What Happens When Someone is Arrested for a Crime in Holladay?

When a person is arrested, the police may take them into custody from almost anywhere. You could be arrested on the street, at your home, or even at your workplace. The arrested person will be taken to the police station for booking and questioning. You must invoke your right to remain silent and demand a lawyer at this time.

What Are My Rights When I am Arrested?

When you are arrested, you have the right to remain silent. It may be tempting to try to explain yourself to the police, and they may even pressure you to talk, but you can and should remain silent. If you choose to answer questions from the police while you are in custody, you have the right to have a lawyer present. Invoke these rights loudly, clearly, and directly.

When Do I Need to Get a Criminal Defense Lawyer?

You need a criminal defense attorney as soon as possible. If you have been arrested, you should try to get a lawyer immediately. You have a right to have a lawyer present during custodial interrogation, and you should invoke this right immediately. If you have not been arrested but think you could be soon, call a lawyer now. Once you are arrested, your attorney can immediately come to your defense.

How Long After an Arrest Will Someone Be Criminally Charged?

In Utah, the police may not detain someone without charges for more than 72 hours. This time may be extended if someone is arrested during a holiday or weekend. As such, if prosecutors want to press charges, they must do so quickly. If you are detained for more than 72 hours, call your lawyer immediately for help.

What is the First Hearing After Being Arrested in Holladay?

If you are charged with a felony or a Class A misdemeanor in Utah, your first hearing after being charged is called the “first appearance.” At this stage, a judge informs you of the charges and your rights as a defendant. Bail may also be determined. If you are charged with a Class B or C misdemeanor, your first hearing is an arraignment. At this hearing, the judge will inform you of the formal charges and allow you to enter a plea.

Can I Be Released on Bail if I am Charged with a Crime?

Yes. All criminal defendants have the right to a bail hearing, but that does not mean that bail is guaranteed for everyone. While most defendants are released, some are denied bail. Usually, courts may deny bail for severe charges, such as homicide offenses, or if the defendant is a serious flight risk or threat to the community.

What Happens if I Miss a Court Hearing After Being Released on Bail?

If a defendant does not appear at a court hearing where their presence is required, they may be in serious trouble. The judge may issue a bench warrant for your arrest, and you may be brought back to court by the authorities. The judge may then alter your bail conditions to be more restrictive or revoke bail completely, and you may have to spend the rest of your case in jail.

Will I Go to Jail if I am Criminally Charged?

Yes, but your attorney can help you get released. After being arrested, you will likely be detained in jail while criminal charges are pending. Once you are charged, you may have your first court appearance, and bail will soon be decided. If you are granted bail, you may be released while your case is pending. If you are denied bail, you must remain in jail for the rest of the case.

Can the Police in Holladay Enter My Home to Search for Evidence?

Yes, but only under specific conditions. Generally, police must have a search warrant to search private property. The warrant must be based on probable cause and be approved by a judge. However, there are numerous exceptions to this rule, and the police can sometimes conduct warrantless searches. If your home or property was searched without a warrant, our lawyers will make the police prove that a valid exception to the warrant rule existed.

What Happens if My Rights Are Violated During a Trial?

You have many rights as a criminal defendant, and if they are violated, your attorney should step in to protect you and bring the violation to the court’s attention. Some violations can be corrected, but others cannot. If the police seize evidence illegally, we can ask that the evidence be excluded from the case. If the case cannot go on without this evidence, the charges may be dropped or dismissed.

What is a Plea Agreement in a Criminal Trial?

A plea agreement is a deal struck between prosecutors and defendants in which prosecutors may reduce charges, and defendants agree to plead guilty to the reduced charges. This can help defendants who are unlikely to succeed in a trial by helping them avoid the harshest penalties, and prosecutors get to lighten their caseload.

Should I Plead Not Guilty if I am Charged with a Crime?

Generally, yes. If you want to fight the charges, you should plead not guilty. However, you may decide to plead guilty if you accept a plea agreement. Some defendants might choose to plead guilty if the penalties are not that would rather avoid a trial. Talk to a lawyer before entering a plea.

What is the Best Way to Fight Criminal Charges?

There is no single best way to fight criminal charges. Your defense strategy will vary based on your specific charges and the facts of the case. For some, it is best to fight the evidence if prosecutors have weak or insufficient evidence. Others might highlight violations that occurred. Still, others might choose to accept a plea. Your attorney should help you decide the best defense for your case.

What Do I Do if I am Convicted of a Crime?

If you are convicted of a crime, your attorney can help you quickly file an appeal. On appeal, your attorney can bring the court’s attention to legal errors from the initial trial that may have caused an unfair outcome. If the appellate court agrees, it may reverse your conviction and grant you a new trial, where the legal errors must be corrected.

Contact Our Criminal Defense Attorneys for Help with Your Case Now

Get a free, confidential review of your case from our criminal defense attorneys by calling Overson & Bugden at (801) 758-2287.