Provo Criminal Defense Lawyer
Criminal charges can change every aspect of your life in the blink of an eye. Most defendants don’t have any experience with Utah’s legal system, and begin the process feeling completely lost and overwhelmed. If one of your loved ones was arrested in Provo, there are probably dozens of questions on your mind, like “How long can my loved one be held in custody?” or “What could happen if my loved one is convicted?”
Criminal defense attorney Darwin Overson is here to answer those questions, protect your loved one’s Constitutional rights, and fight for a favorable resolution to his or her case. Darwin has over 16 years of experience representing thousands of clients across Utah. He has handled a wide array of misdemeanors and felonies on behalf of adult and juvenile defendants, including:
- Domestic Violence
- Drug Crimes
- Sex Crimes
- Violent Crimes
- Weapons Crimes
- White Collar Crimes
If one of your loved ones has been charged with a crime in Provo, your family needs aggressive legal representation. Call attorney Darwin Overson at (801) 758-2287 right away to set up a free, completely confidential consultation. Darwin is able to make emergency visits to the Utah County Jail and other holding centers.
Utah County Jail, Bail, and the Court Process
After an arrest is made, the arresting officers will bring the person into custody. Once in custody, the person will be “booked,” which means police will compile information about the suspect and alleged crime. During booking, the suspect will be photographed and fingerprinted, and his or her personal items will be confiscated.
If no charges have been filed by the prosecutor, the person should not be held in custody for more than 72 hours. It’s not unusual for the Utah County Attorney’s Office to file for an extension on this 72-hour period, though these extensions can be challenged.
Generally speaking, people awaiting trial at the Utah County Jail are eligible to be released on bail. Bail may be cash-only or bondable, which means that a bail bond can be used. Excessive bail is unconstitutional, so you should seek legal assistance if you think your loved one’s bail amount is unreasonably high. If the defendant fails to return for future court appearances after being released on bail, the judge can issue a bench warrant for the person’s arrest.
The trial itself is never the first step in the court process after an arrest. In fact, there are many steps which take place before trial. These steps include arraignment, which is when the defendant enters his or her plea (e.g. “guilty,” “not guilty”), and, in some cases, plea bargaining, which involves negotiation between the defense and prosecution. If the person was arrested for a felony, there are additional steps called the first appearance and preliminary hearing at the outset of the process.
Fines and Sentencing: UT Criminal Penalties for a Conviction
There are two types of crimes in Utah: misdemeanors, which are lesser offenses such as reckless driving and shoplifting under $300, and felonies, which are serious offenses like sexual assault and homicide.
Misdemeanors and felonies are both divided into several different categories. Misdemeanors are assigned alphabetical “classes,” while felonies are given numbered “degrees.” Some offenses, such as assault, can be a felony or a misdemeanor depending on the factors that were present when the crime was allegedly committed. Factors that enhance sentencing, like committing a crime on school property, are called “aggravating factors.”
Utah criminal penalties are listed below:
- First Degree Felony
- Sentence — Up to life in prison
- Fine — Up to $10,000
- Second Degree Felony
- Sentence — Up to 15 years in prison
- Fine — Up to $10,000
- Third Degree Felony
- Sentence — Up to 5 years in prison
- Fine — Up to $5,000
- Class A Misdemeanor
- Sentence — Up to 1 year in jail
- Fine — Up to $2,500
- Class B Misdemeanor
- Sentence — Up to 6 months in jail
- Fine — Up to $1,000
- Class C Misdemeanor
- Sentence — Up to 90 days in jail
- Fine — Up to $750
Despite carrying lesser penalties than felonies, misdemeanors are still capable of resulting in stiff fines, incarceration, and the creation of a criminal record. Depending on which type of offense is involved, the defendant might also receive other penalties, such as:
- Criminal restitution, which is paid toward the victim.
- Mandatory community service.
- Mandatory installation of a breathalyzer device in their personal vehicle.
- Mandatory registration as a sex offender.
- Restrictions on gun rights.
- Supervised probation.
- Temporary suspension of their driver’s license.
Trust Our Utah Criminal Defense Attorneys with Your Case
If you or one of your loved ones was arrested in Utah, don’t wait until it’s too late to get legal help. Call defense attorney Darwin Overson at (801) 758-2287 today to set up your free, confidential case evaluation.