Close

Kaysville Criminal Defense Lawyer 

best Salt Lake City criminal defense lawyer

If you or someone you love is arrested for a crime, you should contact an attorney immediately. The authorities are not on your side and anything you say or do could be used against you later. A lawyer should help you challenge the charges and protect your rights throughout the judicial process. 

It is never too soon to hire a criminal defense lawyer. Even if you have not been arrested but suspect you are being investigated, it is advisable to contact a lawyer. If you have been criminally charged, your attorney should help you file pretrial motions to steer the case in your favor, challenge the evidence, and identify violations of your rights. If you are unfortunately convicted, there is still a chance to fight the case by filing an appeal. 

Get started with a free case review from our criminal defense lawyers by calling Overson & Bugden at (801) 758-2287. 

When to Hire a Criminal Defense Attorney 

People sometimes resist hiring a lawyer because they believe their case is not serious or they want to avoid legal fees. Rest assured, having an attorney on your side is one of the best things you can do for yourself if you are criminally charged. 

You should hire a lawyer as soon as possible. If you know you are under criminal investigation but have not yet been arrested, hire a lawyer. It is never too soon to get one, especially if you know the police are eager to charge you. Your attorney can begin preparations for your arrest so you spend as little time in custody as possible. 

If you did not know you were under investigation until after the arrest, you should ask law enforcement for the chance to call an attorney. They might not let you right away, but they should allow you to contact an attorney at some point after taking you into custody. 

If you did not get a lawyer after you were arrested, you should get a lawyer before you appear in court. If you do not have one at that time, tell the judge. They may allow you more time to get a lawyer. 

How to Fight Criminal Charges in Kaysville 

Fighting criminal charges can be difficult, but it is not impossible. Below are some tried and true methods that can help you, although other strategies might be better suited to your case. 

Pretrial Motions 

We can challenge some evidence before it even reaches the courtroom by filing pretrial motions. Our criminal defense lawyers should learn about all the evidence the prosecutor plans to present during the discovery phase. If any evidence is illegal or inadmissible, we can file a pretrial motion to suppress it and keep it out of the trial. 

We can also file motions about certain arguments we anticipate from the prosecutor. If their arguments or line of questioning are overly inflammatory or unfairly prejudicial against you, we can ask the court to prohibit it. 

Undermining the Evidence 

Another strategy is to undermine the evidence that is presented in court. We can focus on presenting evidence that contradicts the prosecutor’s claims, thereby raising reasonable doubt in the minds of jurors. 

We can also present witnesses who tell a different story than that presented by the prosecutor. Witness testimony is often crucial to criminal cases and can be very influential on the jury. The more witnesses who can back you up in court, the better. 

Violations of Your Rights 

If the police do something that violates your rights, certain evidence obtained because of that violation may be excluded. 

A violation might occur at any time, and we must constantly be on the lookout. The police might have searched your home for evidence without a valid warrant or an exception to the warrant rule. They might have coerced a confession or other incriminating information out of you during custodial interrogation. 

Talk to your attorney about everything that happened to you from when you were arrested until now. 

Possible Criminal Penalties and Sentencing in Kaysville 

Criminal charges may range from relatively minor offenses to severe crimes. You might not know how you will be charged until some time after you are arrested, and your attorney can help you prepare. 

Infractions 

According to Utah Code § 76-3-205(1), a minor infraction may not be punished by time in jail. However, it may result in heavy fines and other penalties, such as forfeiture. 

Infractions are relatively minor offenses and are generally not considered crimes. You likely will not have a full jury trial for just an infraction, but you may still hire an attorney for help. 

Misdemeanors 

Misdemeanors are somewhat more serious, and the penalties may include jail time. 

According to § 76-3-204, misdemeanors are classified as Class A, B, or C misdemeanors. A Class C misdemeanor is the least severe and may be punished with a jail term of up to 90 days. A Class B misdemeanor may be penalized with up to 6 months in jail. 

A Class A misdemeanor is only one level below a felony. Those convicted of these charges may face up to 364 days in jail. 

Felonies 

A felony is arguably one of the most serious charges a defendant might face, and it may come with serious prison time. 

Under § 76-3-203, felonies are divided into three categories of varying degrees. 

A third-degree felony, the lowest level of felony charges, may be punished with a prison term of no longer than 5 years. For a second-degree felony conviction, you could be sentenced to at least 1 year and up to 15 years in prison. Finally, a first-degree felony may be met with a prison term of at least 5 years and up to life. 

Get Help Now From Our Kaysville Criminal Defense Lawyers 

Get started with a free case review from our criminal defense lawyers by calling Overson & Bugden at (801) 758-2287.