What rights are waived if I accept a negotiated plea offer in my Utah criminal case?
When a person enters a plea of either guilty or no contest in a criminal case, the person waives certain rights that are otherwise guaranteed under the United States Constitution and the constitution of the State of Utah. If you are currently charged with a crime in Utah, you should speak directly with your attorney and ask questions about these rights to be sure that you understand how each specific right may affect your case.
The following presents only highlights of some of the important constitutional rights that apply in a criminal case.
Right to Counsel – If you are criminally charged with an offense that could result in jail or prison time (incarceration), you have the right to be represented by an attorney at all critical stages of the case. This includes the right to choose your attorney, if you are hiring a private attorney. If you cannot afford an attorney and qualify for appointed counsel, the court can appoint a local public defender or defender association to represent you.
If you enter a plea of guilty or no contest, you are not giving up the right to continued representation by your attorney (e.g., to have an attorney at the sentencing hearing). Instead, you are acknowledging that if you had gone to trial you could have been represented by an attorney at trial.
Presumption of Innocence and Burden of Proof – Every person charged with a crime is entitled to a constitutional presumption of innocence. This means that at trial a jury must start from a point of considering the defendant to be innocent of the crimes charged. A jury (or judge in a bench trial) can only reach a verdict of guilty if each and every member of the jury (or the judge) is convinced, beyond a reasonable doubt, that the person is guilty.
To invoke this presumption of innocence, you only need to plead not guilty. Upon entering a not guilty plea, the burden of proof shifts to the prosecution and requires the prosecution to present enough evidence to overcome the presumption of innocence.
Right to Jury Trial – In Utah, any criminal charge that provides a possibility of jail time or prison time gives the person charged the right to have a trial in which a jury will decide the case. The United States Supreme Court has interpreted the federal constitution’s “all criminal prosecutions” language as providing the right to a jury trial only in cases involving “serious” charges (punishable by incarceration of more than six months). This includes felonies and class A misdemeanors. However, by statute, Utah’s legislature has provided that a person is entitled to a jury trial in less-serious cases, where any individual charge is punishable by incarceration of six months or less. This statutory right applies to class B and class C misdemeanors.
Confrontation and Cross-Examination of Witnesses – At trial, you have the right to see and observe the witnesses who are testifying against you. Your attorney can cross-examine these witnesses, and challenge or test the credibility of their testimony. The jury is also able to directly observe the witnesses’ demeanor as they testify.
Right to Compel Witnesses – At trial, you have the right to call witnesses to testify on your behalf. You would also have the right to have subpoenas sent, which would require witnesses to appear in court and testify at trial even if they did not want to come to court.
Right to Testify – If you are the defendant in a criminal case, you have the right to testify on your own behalf. If you chose to testify at trial, the jury would be instructed that they should evaluate your testimony and weigh credibility in the same way that they do for any other witness.
Privilege Against Self-Incrimination – Often referred to as the “right to remain silent,” the privilege against self-incrimination provides that no person can be compelled to give evidence against their own interests. This right applies both at trial and before trial. This right also applies during any police investigation. This right exists even if no investigation has been started.
Most important in criminal cases is that this right provides that no one can force you to testify at trial, and that if you chose not to testify at trial the jury would be instructed that they could not hold your silence against you. The jury would be told that your choice to not testify is not even a fact that should be considered in their deliberations.
Right to Appeal – The right to appeal is limited following entry of a plea of guilty or no contest. Most issues on appeal come from errors or problems that occur during trials. If no trial is held, you generally cannot appeal what “might have happened” at trial because there was no trial. Legal issues preserved for appeal under a “Sery” plea or errors that occur during the sentencing phase of a case may still be appealed.
Note that the appeal process from justice courts is very different from the standard appeal process for cases starting in the district court. A justice court case appeal usually involves a “de novo” trial or hearing. Consultation with you attorney about potential appeal issues is strongly advised.