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Roy, UT Criminal Defense Lawyer

Salt Lake criminal defense lawyer

Being criminally charged can feel like the end of the world, but you have a legal right to defend yourself and fight the charges. Defendants are found not guilty on a regular basis, and so can you, with the help of an experienced attorney. Your lawyer can go over the details of your case to assist you in finding the most effective defense strategies.

The criminal process is often long and complicated. Just navigating your way from hearing to hearing can be a lot to handle. After you are arrested, you may be taken before a judge for a first appearance. You may have a preliminary hearing, depending on your charges, and arraignment should also be scheduled. This is all before the actual trial. There may be various opportunities to defend yourself and fight the charges at each phase of the process. Your lawyer can help you find the right moments to assert your defense in the most effective way possible. In some cases, defendants are able to fight charges before their full trial, and the case might be dropped or dismissed.

Talk to our criminal defense lawyers at Overson & Bugden by calling us at (801) 758-2287 and ask for a free, private review of your case.

The Criminal Process and Hearings in Roy, UT

The criminal justice process begins with an arrest. If prosecutors press charges, our criminal defense lawyers will guide you through numerous hearings and proceedings before your trial is even scheduled. The criminal process involves various stages and phases that serve different purposes, but there may be many opportunities to fight your charges along the way.

Arrest

The arrest is the very first stage of the criminal justice process. Arrests might take you completely by surprise, or you might see it coming a mile away. Whatever the situation might be, you can begin defending yourself almost immediately. In fact, the police may still be investigating when they arrest you, and they are depending on your providing them with incriminating information, which you should avoid doing.

The police must have probable cause to arrest someone. Often, probable cause is used to obtain a search warrant from an impartial judge, although various exceptions to the warrant rule exist, and you might be arrested without one. If you believe your arrest was invalid because the police lacked probable cause, tell your attorney immediately.

Once in custody, the police may want to question you about the supposed crime. Before questioning begins, the police must recite your Miranda rights, including your rights to an attorney and to remain silent and refuse to answer questions. Invoke both rights and wait to speak to your lawyer before answering anything.

First Appearance

Your first appearance is a brief hearing before a judge shortly after you are formally charged. The judge must inform you of the charges and what they mean. If you have any questions about the charges, now is the time to ask. Additionally, it is important that you have an attorney representing you at this point. Many people assume that lawyers are only necessary for a full trial, but this is not true. A lawyer can help you significantly at every hearing, no matter how short the hearing might be.

In addition to all this, the judge may decide bail at the first appearance. The judge may consider numerous factors, including the severity of the alleged offense, the defendant’s criminal history, and the defendant’s connections to their community. If a defendant is determined to be a serious flight risk, bail might be higher or even outright denied.

Preliminary Hearing

A preliminary hearing may be held in which a judge must determine whether a crime was in fact committed and if there is enough evidence to support criminal charges against the defendant. The prosecutor must show that there is probable cause to support the charges and move the case forward. If they cannot meet their burden, your attorney can argue to dismiss the charges.

The thing about preliminary hearings is that they are only held for defendants facing felonies or Class A misdemeanors. If you are facing only lesser charges, you do not get a preliminary hearing.

Arraignment

Your arraignment is when you enter a plea. This is a brief yet crucial phase of the criminal justice process. Everything that happens after this hearing depends on how you plead. You may plead guilty, not guilty, or no contest. A no-contest plea means that you agree to be held responsible for the alleged offense, but you are not admitting that any facts of the case are actually true. Talk to your attorney about how you should plead.

How Your Lawyer Can Help You in Pretrial and Trial Stages of the Criminal Process in Roy, UT

People often think of a good defense as an argument in the courtroom. While this is not untrue, it is not the whole story. Your attorney might be able to assert your defense at various stages and phases of the criminal justice process. In many cases, attorneys fight charges in hearings before the trial.

Pretrial motions are common and may be vital to your defense strategy. For example, if prosecutors are planning to introduce evidence that was seized illegally, your lawyer can file a pretrial motion to suppress the evidence. The motion should explain how the evidence was seized and how your rights were violated. If the judge agrees, the evidence may be excluded from the case and not used against you. If key evidence was seized illegally, filing pretrial motions to suppress it might be your best possible defense.

Building up your defense during pretrial hearings and proceedings is important, but the trial itself is the main event. The prosecutor must present sufficient evidence to meet their burden of proof, which is proof beyond a reasonable doubt. This is an incredibly high burden and is purposefully difficult to meet. If prosecutors want a conviction, they must leave little room for doubt in the minds of jurors. At your trial, your attorney can identify and highlight weaknesses, faults, or holes in the prosecutor’s evidence. If the case against you appears insufficient, jurors may be convinced to acquit.

Speak to Our Roy, UT Criminal Defense Lawyers Immediately

Talk to our criminal defense lawyers at Overson & Bugden by calling us at (801) 758-2287 and ask for a free, private review of your case.