Defending Those Charged with Criminal Offenses
Fillmore Spencer Criminal Defense Team
Our criminal lawyers in Provo help Utah Valley residents get criminal charges dropped or mitigated
Whether you are charged with a crime or being investigated, Fillmore Spencer LLC should be the first call you make. Our criminal lawyers in Provo, who include former federal and military prosecutors, help you understand the ramifications of the charges brought and your options. We analyze police reports, witness statements and evidence and scrutinize the prosecution’s assumptions to identify grounds for a dismissal, acquittal or reduction in charges and sentencing.
Our Utah Criminal Defense Lawyers Fight For you
About Our criminal Defense Attorneys
We protect the rights of the accused
Fillmore Spencer LLC and our criminal lawyers in Provo defend you against all manner of allegations, including:
- DUI — If you’ve been arrested for driving under the influence (DUI) of alcohol or drugs, Fillmore Spencer LLC works to get the charges dismissed or reduced to ensure you do not lose your driver license. We mount a vigorous defense, examining the evidence, police reports and dashcam video footage of your roadside sobriety test for any investigative or legal flaws.
- Drug crimes — Marijuana or drug paraphernalia possession is a misdemeanor, but most other drug offenses, including possession of other illegal drugs and prescription medications acquired by fraud, are typically charged as felonies. Fillmore Spencer LLC challenges the validity of evidence and examines whether your constitutional rights against unreasonable search and seizure, and for presumption of innocence and due process were observed by law enforcement personnel.
- Domestic violence and abuse — By definition, domestic violence is a violent crime, but in many cases, it can be difficult to prove because of the emotional turbulence involved. Fillmore Spencer LLC pushes hard for charges to be dropped or downgraded. Sometimes, the emotional nature of domestic relationships lead to false accusations. Sentencing and penalties can be steep, and finding a job with a domestic violence conviction on your record can be difficult. You need a good attorney to assist you.
- Juvenile crimes — Utah juvenile records of misconduct and adjudications can haunt your child once he or she turns 21, compromising their opportunities to get into college, join the military and find employment. Fillmore Spencer LLC works to get charges dropped or mitigated. We may also be able to get certain convictions expunged from your child’s record.
- Sex crimes — Sexual misconduct encompasses a broad range of charges, from lewdness to the exploitation of a minor to sexual assault — convictions for all of which can seriously compromise your future. Most sex crimes require those convicted to register as a sex offender for either 10 years following the day their probation is completed or for life, depending upon the severity of the crime. Our Utah sex crime attorneys protect defendants’ rights and knows the strategies prosecutors use in pursuing a conviction.
- White collar crimes — Fillmore Spencer LLC represents business owners, executives and companies charged with embezzlement, price fixing, Racketeer Influenced and Corrupt Organizations Act violations, tax evasion and accounting, bank, corporate, credit card, healthcare, insurance, mortgage and wire fraud.
"There May Be Times when we are powerless to prevent injustice, but there must never be a time that we fail to protest"
What factors determine the severity of charges and sentencing?
Evidence and circumstances are not the only determinants of the severity of the criminal charges authorities may bring against you and the sentence you could receive. Other factors are considered: Have you been convicted of a prior offense? Have you been convicted of the currently charged offense previously? Was violence involved, or a gun brandished, in the crime’s commission? Was someone hurt, maimed or killed? Was there an accomplice? For most crimes, it all matters. Utah has a three-strikes rule for violent crime — if your third conviction for a violent crime is a first-degree felony, you will not be eligible for parole; if it is third- or second-degree felony, it will be treated as a first-degree felony, but with parole possible. For other crimes, repeat convictions can ratchet up the charge from a misdemeanor to a felony. Examples include a charge of DUI, where two prior convictions for misdemeanors promise the third such incident will be charged as a felony, and petit larceny, where a third conviction for theft of $1,500–$4,999 in a 10-year period will be bumped up to a third-degree felony, carrying heavier potential sentences and fines.
Bail, probation and expungements
If you have been arrested, you should refrain from answering police questions. If you are in custody, call Fillmore Spencer LLC and we will help you with your release, via bail, reduced bail or personal recognizance. Our attorneys have had many criminal jury trials and are prepared to go the distance to defend you and clear your name.
If a trial is not in your best interests, we may seek to get charges dropped or reduced — reduced charges usually mean a reduced sentence and fines. In sentencing, we seek probation whenever possible. For certain nonviolent crimes by first-time offenders, we may seek pretrial diversion, in which you offer a guilty plea, for which the court defers final judgment until you complete a probation-like program.
If a conviction is unavoidable, it may be eligible for expungement. However, you must wait a period of time after you complete your sentencing before you may request expungement. Fillmore Spencer LLC determines if you meet complex expungement law requirements, then files your petition and serves your petition and certificate of eligibility on the office of the prosecutor who handled your case.