In Utah, the conviction rate of violent felonies varies by county from a low of 56.6% to a high of 90.9%. Overall, 66.33% of charges involving a violent felony result in conviction. At Overson & Bugden, we are proud of the work we do for our clients. Our results speak for themselves when compared to the statewide statistics.
Our trial record stands up to just about anyone in the state with a win rate of 80%.
We have taken many cases to trial with excellent results, but we are just as proud of our successes in getting cases dismissed or otherwise resolved favorably to our clients.
Avoidance of Mandatory Sentence One Day Before Trial
We were representing a 74-year-old client charged with two counts First Degree Felony Aggravated Sexual Abuse of a Child. We resolved the case on the eve of trial with one Class A Misdemeanor Sexual Battery with no additional jail time. Doing so avoided a mandatory prison sentence and avoided the client having to enroll on the sex registry.
Probation Instead of Minimum 15 Year Sentence
Another client was charged with 2 counts of First-Degree Felony Rape, and after a preliminary hearing, charges were amended to 2 counts of Third-Degree Felony Unlawful Sexual Activity with a 16- or 17-Year-Old. The case resolved with the Client pleading guilty to 1 count amended to a Class A Misdemeanor with the client being placed on probation.
Probation with Times Previously Served Instead of a Potential Life Sentence
In a case involving a client with extensive criminal history, he was charged with First-Degree Murder and 2 counts of First-Degree Felony Discharge of a Firearm with Serious Bodily Injury, Second-Degree Felony Obstruction of Justice, a Third-Degree Felony Abuse or Desecration of a Human Body, and a Third-Degree Felony Forgery. We were able to secure a plea agreement that involved the Client pleading guilty to a Second-Degree Felony Obstruction of Justice count with the Murder, the Firearms and the Forgery counts all being dismissed. Sentencing was probation with credit for time previously served even though the State argued for prison.
Charges Dismissed After We Proved the Defendant Was Acting in Self Defense
Another client was charged with First Degree Felony Murder, First Degree Felony Discharge of a Firearm, Third Degree Possession with Intent to Distribute a Controlled Substance, and Third-Degree Felony Endangerment of a child. We proved that client was acting in self-defense, and the Murder and felony discharge counts were dismissed. Client pleaded to Possession with intent, a 3rd degree felony and Endangerment of a Child, a 3rd degree felony. Sentence was probation with 90 days jail.
Probation Instead of Mandatory Sentence
In another case, our client was charged with First Degree Felony Attempted Rape of a child, 3 counts of Second-Degree Felony Enticing a minor. Attempted Rape charge and 2 counts of enticing a minor were dismissed after convincing prosecution client was not a danger to society. Client pleaded to 1 count enticing a minor and was sentenced to probation
Dismissal of Third-Degree Aggravated Assault in Weber County
We also secured a dismissal of all charges in a case where our client was charged with a Third-Degree Aggravated Assault in Weber County. Our client was charged with Third Degree Felony Aggravated Assault, and we got the case dismissed at preliminary hearing.
Probation and No Jail time in a First Degree Felony
In another case, we represented a 22-year-old male who had been charged with First Degree Felony Forcible Sodomy, First Degree Felony Object Rape, Second Degree Felony Forcible Sexual Abuse. We were able to resolve the case during the trial with two counts Third Degree Felony Aggravated Assault and two counts of Class A Misdemeanor Sexual Battery. The Client was placed on probation, was not required to register as a sex offender, did not serve any jail and ultimately was able to reduce the convictions to two Class B Misdemeanors and two Class C Misdemeanors.
Murder Charges Dismissed
In another case, we were able to obtain a dismissal of a murder charge by showing the prosecutors that the Defendant acted in self-defense and defense of others. In still another case, we were able to obtain a dismissal of multiple counts of Felony Discharge of a Fire Arm. In a case involving sexual exploitation of a child, we were able to show that the client was not responsible for the offending content and the case was dismissed. In still another, we were able to get a First-Degree Felony Murder charge dismissed despite a “Confession” by showing that the client was at a different location when the shooting took place and the confession was the result of abusive interrogation techniques.
Not Guilty on All Counts and Criminal Record Expunged
In a case out of Park City, we represented a young man who had been charged with a First-Degree Felony Object Rape and a Second-Degree Felony Forcible Sexual Abuse. We took the case to trial and the jury returned a Not Guilty Verdict on both counts. The client was able to then expunge his record which cleared the way for him to return to his prior employment as an investment analyst.
Not Guilty at Retrial
In another case that went to trial, our client was charged with a First-Degree Felony Object Rape and a First-Degree Felony Forcible Sodomy. The jury found him not guilty on one count and guilty on the other. The Court granted us a new trial on the single remaining count. The case was retried, and a not guilty verdict was returned in our client’s favor.
Not Guilty on All Counts Instead of Mandatory 115 Years to Life Mandatory Sentence
In still another case, a middle-aged gentleman was charged with a First-Degree Felony Aggravated Sexual Abuse of a Child, and four counts of First-Degree Felony Sodomy on a Child. Had the client been convicted, he would have been sentenced to a mandatory prison term of 115 years to life. Thankfully, the jury returned a Not Guilty Verdict on all counts.
