Facing criminal charges is one of the most intimidating experiences you could endure, but you do not have to go through it alone. You have a right to have a lawyer by your side. Our legal team will help you fight your charges and protect your rights.
The arrest process may be frightening and even violent, as the police are allowed to use force to take someone into custody. Your best bet is to stay calm, do not resist the police, and demand to call a lawyer. Avoid answering questions about the alleged crime, and do not volunteer any information you do not have to divulge. Your attorney can help you decide if and how to answer questions from the police.
Ask our criminal defense attorneys for a private case review for free by calling Overson & Bugden at (801) 758-2287.
What Happens When Someone is Arrested?
Being arrested can be intimidating, but you must remain calm and be mindful of your rights. Demand to call your lawyer as soon as possible.
Taken into Custody
The police may arrest you almost anywhere if they have an arrest warrant or the circumstances allow a warrantless arrest. Being arrested can be humiliating, but it is best to cooperate and avoid resisting. If you try to resist the arrest, you may only dig yourself into a deeper hole.
Booking
Once you are taken to the police station, you must be booked into custody. The police must properly identify you, look you up in their database, and check for things like outstanding warrants or criminal history.
The police may ask you questions to verify your identity. While you normally have the right to remain silent, these identifying questions are not meant to be incriminating, and you are required to answer them.
Custodial Interrogation
The police may ask you questions designed to uncover incriminating information about you. Police often lead suspects to believe they can talk their way out of criminal charges, but that is not what happens. Anything you say can be used against you. Be clear and direct when you say you will remain silent and want a lawyer immediately.
What Are the Potential Penalties for a Criminal Conviction?
When charged with a crime, you must understand the full extent of your potential penalties. For many, significant jail time may be at stake.
Misdemeanors
In Utah, misdemeanors are classified into 3 categories. Class A misdemeanors are the most severe and punishable by a jail term of up to 364 days.
Defendants convicted of Class B misdemeanors may be sentenced to a maximum of 6 months in jail.
Finally, Class C misdemeanors carry a maximum penalty of 90 days in jail.
Felonies
Felonies are more severe and often include violent offenses. As such, they carry harsher penalties.
A first-degree felony is one of the most serious criminal charges on the books and may be punished by at least 5 years in prison and up to life.
If you are convicted of a second-degree felony, you may face a prison term of not less than 1 year but not more than 15 years.
Finally, a third-degree felony carries a potential sentence of no more than 5 years in prison.
How to Handle Custodial Interrogation After an Arrest in Vineyard
When the police want to question you about the alleged offense while you are in custody, they must inform you of your Miranda rights, which include your right to remain silent and have a lawyer present should you choose to answer questions. Invoke these rights immediately. Questioning should cease immediately and not resume until your lawyer is present.
Avoid answering questions from the police about the alleged crime unless your attorney advises otherwise. In many cases, it is best to stay quiet and answer no questions at all.
Do the Police Always Need a Search Warrant to Enter Your Private Property?
Generally, the police are required to have a valid search warrant based on sufficient probable cause to search anyone’s private property. However, numerous exceptions exist, and police are sometimes allowed to conduct warrantless searches.
If the police searched your property and seized evidence without a warrant, our criminal defense attorneys will demand that they prove that a valid exception to the warrant requirement allowed the search. If they cannot prove an exception exists, we can work to exclude the evidence so it may not be used against you.
How to Challenge Unlawfully Seized Evidence
If evidence is seized in violation of your rights or is otherwise inadmissible in court, we can file pretrial motions to exclude it. Our motion should explain why the evidence should be excluded, citing relevant law to back up our claims. If the judge agrees, the evidence may be excluded, and the jury will never hear it.
If we believe evidence introduced in court is inadmissible or unlawful, we can object. The judge may overrule and allow the evidence or sustain the objection and exclude it.
How to Secure Bail After Being Criminally Charged in Vineyard
Generally, most defendants are granted bail unless their charges categorically bar pretrial release or the judge determines the defendant is too much of a risk to release.
The judge may consider whether the defendant is a flight risk or a threat to their community. The defendant’s criminal history will also play a significant role in bail determinations.
Impeaching Witnesses as a Defense Strategy in a Criminal Case
Witnesses are a major source of testimonial evidence, but they might not be completely reliable. We can look for inconsistencies in a witness’ story or present evidence that contradicts what the witness says on the stand. If jurors believe that a witness is too unreliable, they may be persuaded to disregard their testimony against you.
What if Prosecutors Cannot Meet Their Burden of Proof?
Prosecutors must have enough evidence to prove the charges beyond a reasonable doubt. While this is usually a question left to the jury, we may raise it sooner if it appears prosecutors clearly lack enough evidence to meet their burden. If the judge agrees, we can have the charges dismissed for a lack of evidence. This is uncommon, but worth exploring if the evidence against you is especially weak.
Should You Consider a Plea Agreement in Your Criminal Case?
Plea agreements are common, and many cases end with one rather than a trial. Prosecutors may offer to reduce your charges or drop some of them in exchange for a guilty plea. This may be a good strategy if the evidence against you is strong and a conviction is likely. However, if evidence is weak, you may want to reject a plea agreement and try to get an acquittal instead.
Call Our Criminal Defense Lawyers in Vineyard for Legal Help Now
Ask our criminal defense lawyers for a free, private case evaluation by calling Overson & Bugden at (801) 758-2287.
