I live in another state. Can I resolve my case without returning to Utah?

Posted by Stone River Criminal Defense Team

Last Updated: February 17, 2025

It is often possible to resolve your Utah case while living out of state. Like most things though, this depends on your specific circumstances and the nature and level of the charges filed. Your attorney may be able appear in court on your behalf and represent you, though arrangements to do this often must be […]
attorney meeting with client at desk

It is often possible to resolve your Utah case while living out of state. Like most things though, this depends on your specific circumstances and the nature and level of the charges filed.

Your attorney may be able appear in court on your behalf and represent you, though arrangements to do this often must be made beforehand. A judge may allow your attorney to appear on your behalf at all hearings or only some hearings, depending on the nature of the case and the type of hearing involved. If your appearance is required, you may be able to appear via video conferencing.

Felony or Misdemeanor Charges?

Many judges are reluctant to allow resolution of a felony case without requiring an in-person appearance in court by the defendant. But a good attorney may be able to minimize the number of appearances required before the case is ultimately resolved.

In misdemeanor where a negotiated resolution has been reached that will not involve imposition of actual jail time, many judges will allow a plea to be entered by way of affidavit, or to allow appearance via video conference.

The Right to Appear and Be Present

Of course, you always have the right to appear personally in a case where you are being charged with a crime. The constitution guarantees the right to confront and cross-examine witnesses. Courts have generally held that the confrontation right includes in-person appearance by both defendant and witness.

Good Legal Counsel

A good defense attorney will talk with you to determine what options are available and which options may be most effective for your circumstances. No two cases are exactly alike.

 

Originally Published: November 20, 2023

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