Question 1

What does it cost to hire a Criminal Defense Attorney?

Accepted Answer

While cost is an important consideration, it's crucial to remember that the outcome of a criminal case can have a significant impact on your life. It's essential to choose an experienced, qualified attorney who understands the intricacies of Utah's criminal justice system and can provide the best possible representation for your specific case.
The cost to hire a criminal defense attorney in Utah can vary widely based on several factors, such as the attorney's experience, the complexity of the case, the nature of the charges, and the geographic location. It's essential to understand that legal fees can differ significantly from one attorney to another, even within the same firm.  If you qualify for a public defender, based on your financial situation and the severity of your charges, one will be appointed by the court at your arraignment.
Criminal defense attorneys typically charge fees in one of two ways:
1.	Hourly Rates: An attorney may charge an hourly rate for their services. This rate can range from $100 to $500 or more per hour, depending on the attorney's experience and the area's prevailing rates. With this fee structure, the total cost depends on the amount of time the attorney spends on your case.
2.	Flat Fees: Some attorneys may charge a flat fee for specific services or for handling your entire case. Flat fees can range from a few thousand dollars for relatively simple cases to tens of thousands of dollars for more complex cases or those that proceed to trial. A flat fee arrangement typically covers a specific scope of work, so it's important to understand what is included in the fee and what additional costs you may incur.
In addition to attorney fees, you should also consider other expenses related to your case, such as court filing fees, expert witness fees, and costs for obtaining records or conducting investigations.
When hiring a criminal defense attorney, it's essential to discuss the fee structure and any additional costs upfront. Fillmore Spencer's Criminal Defense attorneys offer a free initial consultation to discuss your case and provide an estimate of the fees and expenses you may expect.

Question 2

How can I avoid serving Jail time for Criminal Offenses in Utah?

Accepted Answer

It may be possible to avoid jail time for certain criminal offenses in Utah, depending on the specifics of your case, the nature of the offense, and your criminal history. There are alternative sentencing options that a judge may consider in lieu of jail time, especially for first-time offenders or those charged with less severe offenses. Some of these alternatives include:
Probation: Instead of serving time in jail, the defendant is allowed to remain in the community under supervision, following specific conditions set by the court. Conditions may include regular check-ins with a probation officer, drug or alcohol treatment, counseling, community service, or restitution to the victim.
Community Service: In some cases, a judge may order the defendant to perform a certain number of hours of community service as part of their sentence, either in addition to or in place of jail time.
Fines and Restitution: A judge may impose fines or order the defendant to pay restitution to the victim instead of, or in addition to, jail time.
Drug or Alcohol Treatment Programs: For offenders whose crimes are related to substance abuse, a judge may order them to complete a drug or alcohol treatment program as part of their sentence.
Deferred Adjudication or Pretrial Diversion: In some cases, especially for first-time offenders, the court may offer a deferred adjudication or pretrial diversion program. The defendant must complete specific requirements, such as probation, community service, or counseling. If the defendant successfully completes the program, the charges may be dismissed or reduced.
Electronic Home Monitoring: In some cases, the judge may order electronic home monitoring (also known as house arrest) as an alternative to jail time. The defendant must wear an electronic monitoring device and remain at home, except for approved activities such as work or medical appointments.
The availability of these alternatives depends on the specific circumstances of your case, the nature of the offense, and your criminal history. It's important to consult with an experienced criminal defense attorney who can evaluate your case, present mitigating factors to the court, and advocate for alternative sentencing options if appropriate. Remember, there is no guarantee that you will avoid jail time, but an experienced Criminal Defense attorney can help you explore your options and work towards the best possible outcome.

Question 3

Do Utah Prosecutors offer Plea Bargains or Plea Deals?

Accepted Answer

Yes, Utah prosecutors can and often do offer plea deals or plea bargains to defendants in criminal cases. A plea deal is an agreement between the prosecutor and the defendant in which the defendant agrees to plead guilty or no contest to a lesser charge or to a reduced sentence in exchange for a dismissal of other charges or a more lenient sentence.
Plea deals can benefit both the prosecution and the defense. For the prosecution, it can save time and resources by avoiding a lengthy trial, while also ensuring a conviction. For the defendant, a plea deal can result in a lighter sentence or reduced charges, potentially minimizing the long-term impact of the conviction.
Several factors may influence whether a prosecutor offers a plea deal, including:
1.	The strength of the evidence: If the prosecution has strong evidence against the defendant, they may be less likely to offer a favorable plea deal. Conversely, if the evidence is weak or there are issues with the admissibility of evidence, the prosecution may be more inclined to negotiate a plea deal.
2.	The nature of the offense: Prosecutors may be more likely to offer plea deals for non-violent or less severe offenses, while they may be less inclined to negotiate for more serious or violent crimes.
3.	The defendant's criminal history: If the defendant has no prior criminal record or a history of minor offenses, the prosecutor may be more willing to offer a plea deal. Conversely, a defendant with a significant criminal history may face more resistance in negotiating a plea agreement.
4.	The court's workload and resources: In some cases, prosecutors may be motivated to negotiate plea deals to help manage the court's caseload and conserve resources.
It's important to note that accepting a plea deal is a significant decision that can have long-lasting consequences. If you are considering a plea deal, consult with an experienced criminal defense attorney who can help you understand the implications of the agreement, evaluate the strength of the prosecution's case, and negotiate the best possible outcome for your specific situation.

Question 4

Will my Utah Criminal Hearing be in-person or virtual (Web-ex)?

Accepted Answer

Whether your Utah criminal hearing will be in-person or virtual depends on the specific court, the nature of the hearing, and the current policies in place at the time of your hearing. During the COVID-19 pandemic, many courts in Utah and across the country transitioned to virtual hearings using video conferencing technology to maintain social distancing and minimize the spread of the virus.
As the pandemic situation evolves and restrictions change, some courts have resumed in-person hearings, while others may continue to conduct certain proceedings virtually. The mode of your hearing may depend on factors such as the type of proceeding, the judge's preference, and the local court's policies.
To determine whether your criminal hearing in Utah will be in-person or virtual, you should:
Check the website of the specific court where your case is being heard for information on their current hearing procedures and policies.
Look for any notices or correspondence from the court regarding the format of your hearing.
Contact your attorney or the court clerk for guidance on the format of your hearing.
Keep in mind that policies may change over time, so it is essential to stay up-to-date with the latest information regarding your case and the court's procedures. If you have any concerns about attending your hearing in-person or virtually, discuss them with your attorney, who can provide guidance based on your specific situation.

Question 5

What is the process for Criminal charges in Utah?  What comes first and how long does it take?

Accepted Answer

The procedure and timeline for a criminal case in Utah can vary depending on the specifics of the case, the charges, and other factors. Generally, the criminal process involves the following stages:
1.	Investigation: Law enforcement investigates a potential crime, gathering evidence and interviewing witnesses. This stage can last anywhere from days to months or longer, depending on the complexity of the case.
2.	Arrest: If law enforcement believes they have probable cause, they may arrest the suspect. The suspect is then booked at a local law enforcement facility.
3.	Initial Appearance: The defendant makes their first appearance in court, usually within 72 hours of the arrest. At this stage, the judge informs the defendant of the charges against them and determines if there is probable cause for the arrest. The judge also decides whether to set bail or release the defendant on their own recognizance.
4.	Preliminary Hearing (for felony cases): A preliminary hearing is held to determine if there is sufficient evidence to proceed to trial. The prosecution presents evidence and witnesses, and the defense has an opportunity to cross-examine witnesses. If the judge finds there is enough evidence, the case proceeds to the next stage.
5.	Arraignment: The defendant is formally charged and enters a plea of guilty, not guilty, or no contest. If the defendant pleads not guilty, a trial date is set.
6.	Pretrial Motions and Hearings: Both the prosecution and defense may file motions to suppress evidence, request discovery, or address other legal issues. This stage can last several weeks to months, depending on the complexity of the case and court schedules.
7.	Trial: If the case goes to trial, the prosecution and defense present their cases, examine and cross-examine witnesses, and present closing arguments. The judge or jury then decides the verdict. Trial length can vary from a few days to several weeks or more, depending on the complexity of the case and the number of witnesses and evidence.
8.	Sentencing: If the defendant is found guilty, the judge will schedule a sentencing hearing. The judge considers the nature of the crime, the defendant's criminal history, and any aggravating or mitigating factors before determining an appropriate sentence.
9.	Appeals: If the defendant believes there were legal errors during the trial, they may file an appeal. The appeals process can take months or even years to complete.
10.	Post-Conviction Relief: If the defendant has exhausted their appeals, they may file for post-conviction relief, such as requesting a new trial or challenging their conviction on constitutional grounds.
The timeline for a criminal case in Utah can vary significantly based on many factors, including the nature of the charges, the complexity of the case, the availability of witnesses, the prosecution's priorities and the court's schedule. Some cases may resolve quickly, while others can take months or even years to conclude. It is important to consult with an experienced criminal defense attorney who can help guide you through the process and provide advice tailored to your specific situation.

Question 6

Do criminal charges in Utah have more severe penalties for repeat offenders?

Accepted Answer

Yes, repeat offenders are generally punished more severely for crimes in Utah. The state recognizes the need to address recidivism and deter repeat criminal behavior. Consequently, judges often impose harsher sentences on individuals with prior criminal convictions.
Utah's sentencing guidelines and laws take into account the defendant's criminal history when determining the appropriate sentence. The specific circumstances of each case, the nature of the crime, and the number of prior offenses can all impact the severity of the punishment for a repeat offender.
Some examples of increased penalties for repeat offenders in Utah include:
DUI convictions: Utah law imposes stricter penalties for individuals with multiple DUI convictions within a specified timeframe. For instance, a third DUI conviction within ten years is considered a third-degree felony, which carries more severe penalties than a first or second DUI conviction.
Domestic violence offenses: Repeat domestic violence offenders face enhanced penalties in Utah. A third domestic violence-related conviction within ten years can be charged as a third-degree felony, even if the underlying offenses would otherwise be considered misdemeanors.
Habitual violent offender: If a person has been convicted of certain violent felonies multiple times, they may be designated as a habitual violent offender. This designation can result in enhanced penalties, including extended prison sentences.
It's important to note that these are just a few examples, and other crimes may also carry enhanced penalties for repeat offenders in Utah. If you are facing criminal charges and have prior convictions, it is crucial to consult with an experienced criminal defense attorney to discuss your case and potential penalties.

Question 7

What is expungement in Utah?

Accepted Answer

Expungement is the process of sealing or removing criminal records from public view. In Utah, you may be eligible for expungement if you meet certain criteria, such as completing the required waiting period and not having any new criminal convictions. Expungement can help you move forward with your life without the burden of a criminal record.

Question 8

Can I appeal a conviction in Utah?

Accepted Answer

Yes, you have the right to appeal a criminal conviction in Utah. However, there are specific deadlines and procedures that must be followed. It is crucial to consult with an experienced criminal defense attorney to ensure your appeal is filed correctly and on time.

Question 9

What are my rights if I am arrested in Utah?

Accepted Answer

If you are arrested in Utah, you have certain rights, including the right to remain silent, the right to an attorney, and the right to a fair and speedy trial. You also have the right to be informed of the charges against you and to be treated humanely while in custody.

Question 10

What is the difference between a Felony and a Misdemeanor in Utah Criminal Law?

Accepted Answer

Crimes in Utah are generally categorized as infractions, misdemeanors, and felonies. Infractions are the least severe, often punishable by a fine. 
Utah's sentencing guidelines for misdemeanors and felonies are outlined in the Utah Criminal Code. Keep in mind that changes to code happen regularly and this post may not always be up-to-date; it is always a good idea to consult with an attorney for the most accurate and current advice.
Misdemeanors:
Misdemeanors are divided into three classes: Class A, Class B, and Class C. The sentencing guidelines for each class are as follows:
•	Class A Misdemeanor: Punishable by up to 364 days in jail and/or a fine of up to $2,950.
•	Class B Misdemeanor: Punishable by up to 6 months in jail and/or a fine of up to $1,000.
•	Class C Misdemeanor: Punishable by up to 90 days in jail and/or a fine of up to $750.

Felonies:
Felonies are divided into three degrees: first-degree, second-degree, and third-degree. The sentencing guidelines for each degree are as follows:
•	First-Degree Felony: Punishable by a prison term of 5 years to life and/or a fine of up to $10,000. Some first-degree felonies, like aggravated murder, may carry the possibility of the death penalty or life without parole.
•	Second-Degree Felony: Punishable by a prison term of 1 to 15 years and/or a fine of up to $10,000.
•	Third-Degree Felony: Punishable by a prison term of 0 to 5 years and/or a fine of up to $5,000.
It's important to note that these are general sentencing guidelines, and the actual sentence imposed can depend on various factors, such as the specific circumstances of the case, the defendant's criminal history, and any aggravating or mitigating factors. Judges in Utah may use the Utah Sentencing Commission's guidelines as a reference when determining an appropriate sentence.

Utah Criminal Defense Laws & Rules

Frequently Asked Questions

Can I appeal a conviction in Utah?

Do criminal charges in Utah have more severe penalties for repeat offenders?

Do Utah Prosecutors offer Plea Bargains or Plea Deals?

How can I avoid serving Jail time for Criminal Offenses in Utah?

What are my rights if I am arrested in Utah?

What does it cost to hire a Criminal Defense Attorney?

What is expungement in Utah?

What is the difference between a Felony and a Misdemeanor in Utah Criminal Law?

What is the process for Criminal charges in Utah? What comes first and how long does it take?

Will my Utah Criminal Hearing be in-person or virtual (Web-ex)?

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