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Spanish Fork Criminal Defense Lawyer

Salt Lake criminal defense lawyer

Being confronted by law enforcement is scary. Even when criminal charges are relatively minor, the criminal process can be very intimidating, and it is easy to feel overwhelmed and start to panic. The best thing you can do for yourself is contact an experienced criminal defense lawyer. Lawyers are important in more than just the trial. They can help you at each and every stage of the criminal justice process.

If you are arrested, stay calm and contact a lawyer as soon as possible. In the meantime, cooperate with law enforcement but avoid answering incriminating questions about the alleged offense. When they say that anything you say can and will be used against you, they mean it. If prosecutors press charges, they may range from minor infractions to misdemeanors to severe felonies. Remember, the fact that you are charged does not automatically make you guilty. Prosecutors must prove the charges, and your lawyer can help defend you in court. Defense strategies will differ depending on the overall nature of the alleged crime, and your lawyer can help you decide the best approach.

For a free, private assessment of your case, contact our criminal defense lawyers by calling Overson & Bugden at (801) 758-2287.

What to Do if You Are Arrested for a Crime in Spanish Fork

Being arrested is not fun. The police are not known for being friendly during the arrest process, and it is understandable to feel scared and overwhelmed. If you find yourself in this situation, it is important that you remain calm and cooperate with law enforcement, at least to an extent. Do not resist the arrest, even if you believe it is unfair. Answer questions about your identity during the booking process, but do not answer questions about the alleged offense without a lawyer.

Call a lawyer at your first opportunity. At some point after booking, the police will likely want to question you about the offense, and they are required by law to inform you of your Miranda rights. These include the right to stay silent and refuse to answer questions. They also include the right to have a lawyer with you during questioning. Invoke both rights loudly and clearly. Once you demand an attorney, the police must allow you to contact one. Even if you do not have anything to hide from the police, get a lawyer immediately.

Possible Criminal Charges in Spanish Fork

When you are arrested, you likely do not now what criminal charges you might be facing. The police might arrest for you one thing, but prosecutors could choose to charge you with something else if there is evidence to support it. Alternatively, you might not be charged with anything, and you may be released from custody. Generally, criminal charges are divided into three broad categories: infractions, misdemeanors, and felonies.

Infractions

Infractions are minor offenses that typically do not result in jail time. In fact, many people facing infractions do not even need to show up to a court hearing. They are likely not even arrested. Many infractions lead to citations or tickets, and you might have to pay a fine.  According to Utah Code § 76-3-205(1), jail time is off the table, but you might be ordered to perform some form of community service. Exactly what kind of service you have to perform depends on the infraction.

Misdemeanors

Misdemeanors may vary from relatively minor criminal offenses that carry little jail time up to more serious offenses with more time behind bars. According to § 76-3-204, misdemeanors may be divided into different subcategories. A Class C misdemeanor, the least severe, may be punished by a term in jail not to exceed 90 days. A Class B misdemeanor may be penalized with no more than 6 months in jail. Finally, a Class A misdemeanor – which is only one step below a felony charge – may be punished by up to 364 days in jail. While one misdemeanor charge might not seem like a big deal, multiple offenses can quickly add up to significant jail time and fines.

Felonies

Felony charges are often seen as some of the most severe criminal charges a defendant might be charged with. They tend to carry significant prison time. Even one charge might land in prison for years. According to § 76-3-203, felonies are divided into subcategories similar to misdemeanors. A third-degree felony, the lowest ranking, may be punished by up to 5 years in prison. A second-degree felony may be met with a prison term not to exceed 15 years. Finaly, a first-degree felony, perhaps one of the most severe charges on the books, may be punished with a prison term of no less than 5 years and up to life.

Finding the Right Defense Strategy for a Criminal Case in Spanish Fork

No two criminal cases are exactly the same, even if the charges are similar. Each case has its own unique set of facts, and how we apply the law to these facts can help us determine the most effective defense strategies.

Unlawful Searches and Seizures

While the police are not in charge of prosecuting the case or meeting a burden of proof, they are in charge of criminal investigations and obtaining evidence. How the police may search for and collect evidence is very heavily regulated, as police overreach may constitute a violation of your rights against unreasonable searches and seizures.

If the police searched your private property for evidence, did they have a warrant? If they did not have a warrant, did they claim some sort of exception to the warrant rule? If not, their search and seizure may be deemed unlawful. When this happens, evidence obtained pursuant to the illegal search may be excluded from your case and cannot be used against you. Depending on what kind of evidence is excluded, the case against you might be seriously weakened.

Alibi

Do you have an alibi? This type of defense is often regarded as the holy grail of defense strategies. An alibi consists of proof of your whereabouts when the alleged crime happened. For example, if you are arrested for bank robbery, but you can prove you were out of town when the robbery happened, you have a solid alibi defense. In many cases, charges are very quickly dropped when the defendant has an alibi.

Insufficient Evidence

To secure a conviction, prosecutors must prove the case beyond a reasonable doubt. This is a very high burden of proof and requires strong evidence. In some cases, prosecutors come up short and simply cannot meet the burden of proof. If this happens, we can file a motion with the court to dismiss the case for lack of evidence. If this motion is denied, we still have hope. We can try to convince the jury that the prosecutors do not have enough evidence to justify a conviction, and the jury might agree with us.

Contact Our Spanish Fork Criminal Defense Lawyers for Help Now

For a free, private assessment of your case, contact our criminal defense lawyers by calling Overson & Bugden at (801) 758-2287.