A lot of our clients have asked if they should start counseling before their criminal case is completed. In general, the answer is usually yes. Over 90% of Utah criminal cases are resolved by a plea agreement. When your attorney is negotiating the best deal for your case, she/he will use the facts, the law, […]
Criminal Defense in Iron County, Utah
Iron County is part of Utah’s Fifth Judicial District. Cedar City is largest city, and home to the county’s two busiest criminal courts — the Iron County District Court and the Iron County Justice Court. District Court or Justice Court? The Iron County District Court in Cedar City handles all felony and class A misdemeanor […]
How can I clear a felony conviction from my record in Utah?
The process depends on the nature and severity of your felony. There are certain felonies that are not eligible to be expunged. These include first degree felonies, felony DUIs, violent and capital felonies, registerable sex or child abuse offenses, or felony automobile homicide. Although convictions for these charges are not eligible for expungement through the […]
What is the first felony court hearing in Utah?
The first hearing in a misdemeanor criminal case is normally the “arraignment” hearing, where the judge will read the charges formally filed in the case and ask the defendant to enter plea of either guilty or not guilty. In Utah felony cases, the arraignment does not occur until after the case has been “bound over” […]
What is an arraignment hearing?
In a misdemeanor criminal case, the arraignment hearing is the first court hearing held. The judge will read the formal charges and ask the defendant to enter a plea of guilty or not guilty. The judge may also ask the defendant if an attorney has been hired, if a public defender is being requested, or […]
What if I cannot appear in person at arraignment?
There can be circumstances that simply make it impossible or impractical to be physically present at a scheduled criminal arraignment hearing. Health and distance are two common reasons, but there may be others as well. In misdemeanor cases, some Utah courts will accept a written waiver of the right to a formal arraignment. Some judges […]
Unlawful Detention – Utah Criminal Defense
A charge for unlawful detention in Utah involves allegations that an individual has been held against their will, without the authority of law, for a brief time. Most often, the key difference between a charge Penalties Under Utah Law, unlawful detention is a class B misdemeanor; however, if the victim is injured or the defendant […]
What happens if I plead no contest in a Utah criminal case?
Pleading no contest means exactly that – you are not contesting the charges against you. Procedurally, this has the same effect as a guilty plea, but you are technically not admitting guilt to the charges. There are some circumstances where it can be advantageous to plead no contest, but they are an exception rather than […]
Should I plead guilty or not guilty at arraignment?
The Constitution creates a presumption of innocence and requires that the prosecution prove their case beyond a reasonable doubt in any criminal case. Entering a plea of “guilty” at the arraignment erases the presumption of innocence and relieves the prosecution of the burden of proof. In almost every case, it will make sense to enter […]
Search and Seizure in Utah Criminal Cases
People in the State of Utah are protected against unreasonable searches and seizures by the government under the State and Federal Constitutions. If the government wants to perform a search or seizure of your private property, a police officer is generally required to appear before a judge with a sworn affidavit detailing the facts and […]