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Criminal Defense Lawyer for Out of State Visitors Arrested in Utah

best Salt Lake City criminal defense lawyer

If you are visiting Utah and commit a crime while you are here, it is important to consult a Utah defense lawyer about your charges. Most charges are filed by the state, which means that you must face charges in the state that filed them against you. If you go home or flee Utah before addressing your charges, you could be re-arrested and face other serious complications.

In addition to explaining charges, arguing for fair bail, and keeping you aware of any bail restrictions that require you to remain in Utah during your criminal trial, we can also help your loved ones post bail from out of state. You not only need an attorney who is licensed to practice law in Utah, but also has familiarity with the local courts and criminal law.

Call our criminal defense lawyers for out-of-state visitors arrested in Utah at (801) 758-2287 for a free case review from Overson & Bugden.

Why Do You Need a Local Criminal Defense Attorney?

Not hiring a local criminal defense attorney when facing charges as an out-of-state defendant in Utah puts your defense in serious jeopardy, so make sure your lawyer is capable.

Licensed to Practice

An attorney must be licensed in a specific state to represent a criminal defendant there, which is a primary reason you need an attorney licensed in Utah when facing criminal charges here.

Local Familiarity

A local attorney who is familiar with Utah’s laws, local criminal court procedures, and even local judges’ courtroom practices and local prosecutors’ policies can significantly benefit your case.

Logistics

Defendants facing criminal charges in Utah while living in another state need help dealing with the logistics of a trial. We can keep you aware of all mandatory court appearances and help your loved ones post your bail from another state.

Can Your Lawyer Represent You in Another State?

If you have a lawyer licensed to practice in your home state, chances are they cannot represent you if you are arrested and charged with a crime in Utah.

Are They Currently Licensed in Utah?

If your case is taking place in Utah under the laws of Utah, you must have an attorney who is authorized to practice law in Utah. Each state has its own bar exam and rules for acceptance to the state bar. If your lawyer is not barred in the state where your trial is taking place, they cannot represent you in your case without special permission.

Are They Not Current Licensed in Utah?

In some cases, a lawyer can get admitted to the bar of another state without much trouble, but it usually takes some time. Lawyers can be admitted to practice in Utah by filing a motion for admittance. However, they must still wait 6 months, and admissions are only accepted in February, May, August, and October.

Alternatively, your lawyer may be able to step in and represent you in your case with help from local counsel. This admission “for this occasion only” is called a “pro hac vice” representation, and is permitted under Utah law.

Practicing criminal lawyers in Utah are well-versed in local criminal law and the rules of criminal procedure, so the most straightforward option is to use a lawyer in Utah.

Can I Move My Trial to Another State for a Utah Crime?

If you committed a crime in Utah, you must face those charges in Utah. Utah’s criminal code lists the crimes that Utah police and prosecutors can charge you with, and those crimes must be handled under Utah’s authority. This means facing the charges or going to trial in a Utah Court.

Moving a trial to another location can occur under various extreme circumstances, but this is very unlikely. One way a trial can be moved is in the unlikely event that the potential jury pool is so tainted in the area that the trial would not be fair.

Similar venue transfers may also be allowed when the case would become a “media circus” and justice demands moving the trial elsewhere.

Where Will My Criminal Trial Take Place in Utah?

The court that has jurisdiction over your criminal trial depends on whether you are charged with a state or federal crime in Utah. Regardless of where the trial takes place, a Utah State crime will always be tried under Utah law. Similarly, a federal crime will always be tried under federal law.

Utah District Court

When you are charged with a crime in Utah, the case will be assigned to the appropriate courthouse based on your location. For instance, charges filed in Salt Lake County will be tried in the justice court or district court in Salt Lake City. Charges elsewhere in Utah should be tried in the appropriate local courthouse for the location of the alleged offense.

U.S. District Court

Even if you are charged with a federal crime in Utah, you may still have to face the charges in Utah. Federal crimes are charged in the appropriate U.S. district court for the location where the crime took place. In Utah, there is one U.S. District Court for the District of Utah where all federal trials for federal crimes committed in Utah are held.

Types of Cases We Handle for Out-of-State Visitors Arrested in Utah

Our Salt Lake City criminal defense lawyers fight to protect our clients’ rights, no matter the charges they face. Our attorneys handle both severe and minor criminal charges and work to get evidence suppressed, charges dropped, and cases dismissed.

Call us today if you were charged with any of the following crimes:

  • Aggravated Assault
  • Auto Theft
  • Burglary
  • Drug Possession
  • Drunk Driving
  • Gun Possession
  • Murder
  • Obstruction of Justice
  • Possession with the Intent to Deliver
  • Rape
  • Resisting Arrest
  • Robbery
  • Simple Assault
  • Theft
  • White Collar Crimes

These are only some of the crimes we handle. If you were charged with another crime not on this list, contact our attorneys today to discuss your charges.

Lawyer for Out-of-State Visitors Arrested in Utah FAQs

When Should Out-of-State Visitors Get an Attorney After an Arrest in Utah?

Prioritize getting a local attorney as soon as possible after being arrested in Utah as an out-of-state visitor. Police officers often use the shock and stress of an arrest to get information they can use, and having an attorney there during all questioning can prevent you from making any unintentionally incriminating statements.

Can I Return to My Home State While Out on Bail?

Bail terms often require defendants in criminal cases to stay nearby. Travel restrictions are common and may prevent defendants who live out of state from returning home while awaiting charges. Since defendants who violate bail terms, even unknowingly, may have their bail revoked, you should not try to return home until we have confirmed it is okay with the court.

Where Do Out-of-State Defendants Serve Sentences?

If you are convicted of a crime in Utah’s criminal court, you will serve your sentence in a state prison in Utah, which may be very far from friends and family in your home state.

Does Utah Have Jurisdiction Over My Criminal Case if I Do Not Live There?

The state where a crime allegedly occurred has jurisdiction over the subsequent criminal case, regardless of whether or not the defendant resides in that state.

Is Bail Higher for Out-of-State Defendants?

Prosecutors often argue that out-of-state defendants pose a greater flight risk and should therefore be required to post a higher bail amount. We can argue against this, explaining that your lack of a criminal record in any jurisdiction and your positive reputation in your community do not make you a flight risk or warrant a higher bail.

Salt Lake City Defense Lawyers for Defendants on Vacation in Utah

Call our criminal defense lawyers for out-of-state visitors arrested in Utah at (801) 758-2287 for a free case review from Overson & Bugden.