We handle a variety of criminal cases. We do DUIs, simple assault cases, aggressive cases, such as drug cases, possession, some felony cases involving rape, theft, and grand larceny. Cases in Utah will be on a spectrum of being an infraction, which would be like speeding, or a first DUI, second, or a third. There is mandatory jail time at some point. The misdemeanors are on a class B, C or A, and then there is felony 1st, 2nd, and 3rd degree felonies.
We handle all of those cases. We rarely handle first-degree felonies, because most of the time when people get into those scenarios, they are looking at getting a public defender instead of private counsel; it is too costly for some clients.
What Are The Common Ways In Which People Unintentionally incriminates Themselves?
Recently, we have seen quite a few people express that they are innocent, that they have not done anything wrong and cooperating with the police, or investigative department. What they will do is openly tell every detail that they can think of, and in essence, confess to doing those things whether they realize they are doing it or not. That is a huge problem. You never want to speak with police alone, if there is any chance you could be in trouble. Most of the time, if you are questioned by police, you ought to at least call an attorney, and entertain some advice, because police can lie to you when they interview you.
They can say they have some evidence when they have none. If you confess, or admit to a crime, it is difficult to fix later on, and that point, we are just trying to remediate, and get you a lower charge, or a lesser sentence. Another thing that just came through my mind was we recently had a case where an individual was chopping trees down on government property, and he had his friend live stream it on Facebook. Because they live-streamed it on Facebook, they were able to have more than sufficient evidence to come back, and charge him with criminal trespassing, and other related charges.
It may seem like it is not that big of a deal to chop down some trees, but you can get in trouble depending on what you post on social media. Therefore, the big tip would be to avoid putting things on social media if there is any question that you might be doing something wrong. If you are going to do something stupid, and goof-off, put your phone away, and talk about it later.
What Is The Difference Between A Misdemeanor And A Felony In Utah?
Utah code outlines the differences between felonies, and misdemeanors. In a general sense, you are looking at gravity of the crime. The worse it is most likely it will be a felony charge, the less offensive, it is a misdemeanor. Dollars and cents always play a role when looking at any type of criminal activity. The more money it costs, the more likely it is going to be a felony. When we look at theft type crimes, you are under a $10,000 threshold it is usually a misdemeanor crime. If it is over a $10,000 threshold, most likely it is a felony status charge.
What Is The Process After An Arrest In Utah?
After you are arrested, there is usually a warrant, or the police have called it Probable Cause. If they found you at the scene, they can definitely arrest you. They can even detain you if they are not sure if you committed the crime or not, and interrogate you. At that point, they read you what is called the Miranda Rights. Most people are familiar with those. This is where they ask you if you want to have an attorney. If that happens, of course, you want to ask for an attorney, and then you want to close your mouth if there is any possibility that you have done anything wrong.
We hear about the innocent people going to jail, all the time. When you are arrested, booked, they think you are a threat. They will hold you for indefinite period, once charges are filed, depending on the gravity of charges. Most people are released on their own recognizance, meaning they are able to leave shortly after they are booked. Sometimes they can be held for hours, it really depends on the alleged crime committed, and sometimes it requires bail. Typically, if it is a drug charge, even a marijuana charge, they are going to want some type of bail, and bail can be posted through a bond.
Bonds are ten percent of whatever the bail amount is. Therefore, if it is a $10,000 bail, you pay $1,000 to the bonding company. They will post the bond for $10,000. Most people are released within twenty to forty-eight hours depending on the charge. Once the arrest is over, you are going to have a first appearance, and you need to come in for an arraignment at some point. That is the next step in the criminal process, the arraignment.
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Free Initial Consultation with a Criminal Defense Lawyer
When you need legal help in a criminal case, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506