Collateral Consequences in Utah Criminal Cases

Posted by Stone River Criminal Defense Team

Last Updated: January 14, 2025

Focusing on the immediate and direct consequences that are possible when a criminal sentencing hearing is approaching is important. However, collateral consequences of a criminal conviction in Utah can extend long after a sentencing hearing is completed and even after jail time is served or probation has been completed. Defense attorneys should pay particular attention […]
attorney meeting with client at desk

Focusing on the immediate and direct consequences that are possible when a criminal sentencing hearing is approaching is important. However, collateral consequences of a criminal conviction in Utah can extend long after a sentencing hearing is completed and even after jail time is served or probation has been completed.

Defense attorneys should pay particular attention to other potential consequences when advising clients on the possible benefits and risks of accepting or rejecting a plea offer or negotiated resolution.

Advice Tailored to Individual Clients

Preparing to advise a client on collateral consequences is a complicated process, as consequences can vary greatly depending not just on felony or misdemeanor or on the type of criminal charge involved in the case, but also on the specific circumstances, goals, and history of each individual client. Understanding what matters most to each client is important

For example, a client who is a citizen of the United States will not have to worry about immigration consequences that could be a major concern for someone who is a permanent resident or has a student visa. Similarly, even a minor misdemeanor conviction can have significant consequences for a client’s employment if their job requires specific professional licensing or a security clearance.

Being convicted of a crime (or sometimes just being charged) can affect a client’s life in unexpected ways. Possible consequences can include business licensing, driver’s license, employment, educational opportunities, housing options, gun rights, political involvement, offender registries, and more.

The Utah Sentencing Commission’s 2022 Collateral Consequences Guide contains helpful information. Keep in mind that this guide should be used only as a reference. It does not provide authoritative advice and does not carry the weight of law. Specific statutes or administrative rules should be considered before advising clients.

Getting Help in Utah

The materials presented here are intended for use by Utah criminal defense attorneys in preparing to advise individual clients. Individuals should not rely exclusively on this information. If you are facing prosecution, consultation with an experienced attorney regarding your specific circumstances is strongly advised.

Originally Published: November 19, 2023

How can we help you?

Call us at 801-448-7451, or use this contact form.

    Related Articles

    Case Brief: State v. Johnson, 2025 UT App 13
    In a significant decision for Utah’s self-defense jurisprudence, the Utah Court of Appeals reversed the murder conviction of Daniel Lee Johnson in...
    February 5, 2025
    The Gray Area of Drug Paraphernalia in Utah
    In Utah, the concept of drug paraphernalia is not as black and white as many might assume. While most people envision glass pipes and syringes when...
    February 4, 2025
    Unlawful Discharge of a Firearm in Utah
    In a state where firearm ownership is deeply ingrained in both culture and identity, Utah’s laws aim to strike a balance between Second Amendment...
    February 4, 2025

    Ready to explore our other articles?