Utah Criminal Lawyer -
Representing Out-of-State Clients
If you have been charged with a crime in Utah while visiting the state, it may be possible to handle your criminal case
without returning to Utah. Based in Salt Lake City,
criminal
defense attorney Stephen Howard has assisted out-of-state clients in
resolving and fighting both
felony and
misdemeanor criminal charges in many parts of Utah. His
track record includes victories in a wide variety of serious criminal cases.
Contact us today for an initial consultation.
Your Right to Appear and Defend Criminal Charges in Utah
Under our State and Federal constitutions, you have the right to be
present at court hearings relating to your criminal charges.
But you can also waive that
right, and ask the court to excuse your presence in court and allow your attorney to appear on your behalf.
Whether you can resolve your Utah criminal case without returning to
the state will depend on a number of factors. Chief of all
will be the question of whether you intend to take the case to
trial
or, alternatively, to work out a
negotiated resolution.
If
you take your case to trial, you will want to be present for the trial
and possibly for some of the more important pre-trial proceedings. In
many cases, if a negotiated resolution is reached between the
prosecutor and the defense, that resolution can be entered with the
court by means of affidavits prepared and presented to the court by
your attorney on your behalf.
Another important factor in determining whether your case can be
resolved without returning to Utah is the nature and seriousness of your charge.
Various
felony and
misdemeanor charges can present their own unique challenges. Consultation with an experienced
criminal defense attorney is the best step you can take in determining a
defense strategy for your case.
Defending Misdemeanor Charges in Utah
Under
Utah law, a person can enter a plea to a misdemeanor
charge by submitting a signed and sworn affidavit to the court.
In a misdemeanor case, your criminal defense attorney can protect your
rights during the negotiations process, and then prepare the required
affidavit and statement for submission to the court. With the judge's
approval, you will
not need to appear in court.
Defending Felony Cases in Utah
In felony cases, Utah law normally requires a defendant to personally
appear in court. Under Utah Code 77-13-4, all pleas in felony cases
must "be entered by the defendant in open court." But even in felony
cases, an experienced criminal defense lawyer may be able to work out a
resolution that will not require your personal appearance in court.
This may involve a negotiated reduction of the felony charge to the
misdemeanor level. If the prosecutor agrees to such a reduction, you
may still be able to enter a plea by affidavit without returning to
Utah to appear personally in court.
Finding an Criminal Defense Attorney in Salt Lake City, Utah
Based in Salt Lake City,
criminal defense lawyer
Stephen Howard offers services to clients throughout Utah. He has a
track record that includes not guilty verdicts, dismissals, and
reversals on appeal in a wide range of felony and misdemeanor
cases. If
you
have been charged with a crime while visiting or traveling through
Utah,
contact us today for an initial consultation.
We also represent out-of-state clients who are seeking an
expungement or a
402 reduction for a prior Utah criminal charges.