Criminal Defense Utah

When you or a loved one is charged with a crime, you need the most effective and experienced attorneys in your corner – attorneys who understand that the Constitution of the United States guarantees certain rights and privileges to Defendants. You are presumed innocent until proven otherwise, and the attorneys of DexterLaw have extensive experience representing those accused of crimes. This experience includes a former prosecutor and two former public defenders who are dedicated to standing for freedom.

DexterLaw attorneys understand that early intervention is critical, so you can call or email any time for a free, confidential consultation.

Below you will find information to educate you on the Utah criminal justice system.

Bail hearing: If you have appeared in court because you were served with a Summons, you will probably not have a bail hearing as long as you appear as ordered. However, if you have been arrested, this hearing is to determine what conditions will be required for you to be released from custody while your case proceeds. You are entitled to conditions of release which are not excessive. The judge may release you simply on your promise to appear at all future hearings, or may require a cash bail, a property bond, or a bail bond.

Felony First Appearance: At this hearing you will be formally charged with an offense or offenses and provided with an Information (the charging document).

Waiver Hearing/Scheduling Conference/Decision to Prelim: Your case may involve one or more waiver hearings. These hearings are conducted primarily to determine if you and the State of Utah can reach a plea bargain. This is called Waiver Hearing because if you reach a plea bargain with the State, a preliminary hearing and trial will not be necessary, and you will “waive” them.

Preliminary Hearing: Before standing trial for a felony, you are entitled to make the State prove that there is probable cause to believe you have committed the crime with which you have been charged. At this hearing the State is required to produce a sufficient amount of evidence (testimony, documents, pictures, weapons, drugs, etc.) to satisfy the judge that a crime has probably occurred and that you probably committed it. Because the standard of proof at a preliminary hearing (probable cause) is much lower than the proof required at a trial (beyond a reasonable doubt), the State typically does not expose its entire case at this hearing. If the judge finds that the evidence establishes probable cause that you committed the crime charged, you will be required to enter a plea as to the charge at an Arraignment.

Arraignment: At this hearing you will be required to enter a plea to the crime charged. If you plead “not guilty,” motion hearings and eventually a trial will be scheduled. If you plead “guilty” or “no contest”, a sentencing will be scheduled.

Pre-Trial Motion Hearings: Some cases require hearings prior to trial. These hearings are conducted because you or the State file a motion. These motions may involve requests to limit testimony, to prevent the State from using evidence, to move the trial, to continue the trial, etc.

Trial: This is the hearing at which the State is required to prove its case against you beyond a reasonable doubt. You may choose to have The case heard by the judge or by a jury. Every trial is unique because of the facts and strategies involved. We will plan for the special needs of your trial and put on the best possible defense.

Sentencing: If you plead guilty or are found guilty by a judge or jury, you will be sentenced at a hearing which is sometimes called a Sentencing Hearing and sometimes called a Judgment Hearing. This hearing will most likely be set six weeks after your trial or the date you enter a guilty or no contest plea. During this six week period you will most likely be required to cooperate with an agent of Adult Probation & Parole (AP&P) who will compile background information on you and the case and make a recommendation for a sentence. A sentence may include court-ordered treatment, fines, restitution payments to victim(s), good-behavior probation, and a commitment to jail or to the custody of the Department of Corrections (prison). For a more detailed discussion of possible sentences, see Sentencing Guidelines.

Post-Judgment Motion Hearings: In some cases, motions must be heard after trial. We will discuss these with you if one or more become necessary.

Appeal: You have the right to appeal a court-ordered sentence to challenge the factual determinations and legal rulings made at your trial. We will discuss this procedure with you should it become necessary.

Order to Show Cause: If you are placed on probation and fail to comply with the terms of your probation, you will likely be ordered back before the sentencing judge to “show cause” why your probation should not be revoked. You are entitled to the help an attorney at these show cause hearings. If the judge determines that you have violated any of the conditions of your probation, your probation may be revoked and reinstated for the same term with additional sanctions (such community service, intensive supervision, jail time, etc.), or revoked entirely, in which case the court often orders more severe sanctions up to and including commitment to the Department of Corrections to serve a prison sentence.

Sentences

The maximum sentences for Felonies in the State of Utah are as follows:

Capital Offense………………………………………… Death sentence or life without possibility of parole.

1st Degree Felony……………………………………………………. 5 years to life in prison; $18,500.00 fine.

2nd Degree Felony……………………………………………………. 1 to 15 years in prison; $18,500.00 fine.

3rd Degree Felony……………………………………………………… Up to 5 years in prison; $9,250.00 fine.

The maximum sentences for Misdemeanors in the State of Utah are as follows:

Class A Misdemeanor………………………………………………………. Up to 1 year in jail; $4,625.00 fine.

Class B misdemeanor…………………………………………………… Up to 6 months in jail; $1,850.00 fine.

Class C misdemeanor…………………………………………………….. Up to 90 days in jail; $1,387.50 fine.

Infraction……………………………………………………………………………………….. No jail; $1,387.50 fine.

If you are found guilty or plead guilty or no contest, your sentence may include the privilege of probation, which is an agreement between you and the judge that your prison/jail sentence will be suspended so long as you comply with the terms of a probation agreement. The probation period for felonies is usually 36 months, while for misdemeanors it is generally 12 to 18 months.

Probation terms for both felonies and misdemeanors may include jail time and fines, and may also require you to keep monthly meetings with your probation officer, stay employed, obtain drug/alcohol evaluations and substance abuse counseling and drug testing, submit to searches by your probation officer, participate in mental health counseling and life skills courses, stay away from certain persons or places, and other orders the judge deems appropriate.

If you are sentenced to serve time in jail, the judge will order the specific number of days you must serve. You may also be allowed to earn “good time” credit that will shorten your jail sentence to reward you for good behavior and compliance with jail rules. Good time credit is determined and administered by the jail, not by the judge. Alternatives to jail such as work diversion, GPS monitoring, home confinement, and community service, are sometimes considered by the judge.

If you are sentenced for more than one offense, the judge may order the jail or prison time for each offense to run at the same time (“concurrently”) or one after the other (“consecutively”). The judge may also order you to pay a specific fine in monthly installments or in a monthly installment to be determined by your probation officer. In addition to fines, your sentence may also include an order that you pay restitution that is meant to pay back any victims for property losses, medical bills, counseling expenses, and other out-of-pocket costs.

If you are sentenced to prison, you will be committed to the custody of the Department of Corrections. The judge will not order a specific number of days, months, or years to serve. Rather, the Utah State Board of Pardons will conduct a parole hearing to determine how much of your indeterminate sentence you will serve before being released to parole.

As you can see, the complexities of the Utah justice system are much easier to navigate with the help of an experienced attorney. Contact us at DexterLaw.com for more details on how you can get the help you deserve today. You may also schedule a free consultation here.