First-Time Offenders
- Utah Criminal Defense Attorney
If you have been charged with a crime in Utah for the first time, you
likely have a lot of questions. This web page is intended to provide
general information on
common mistakes made by people charged with a
crime in Utah. But no website can replace personal advice from
an experienced criminal attorney. As a Utah
criminal
defense attorney based in Salt Lake City, Stephen Howard has achieved dismissals, not
guilty verdicts, and reversals on appeal in a wide variety of
felony and
misdemeanor
cases. He has negotiated dismissals or pleas in abeyance for first-time
offender facing charges from the first degree felony level to lower
level misdemeanors. His
experience
is substantial, with a record of achieving real
results for his clients.
Contact us now to arrange
for an initial consultation.
Common Mistakes to Avoid in Utah Criminal Defense Cases
Pleading Guilty at Your
First Court Hearing - You should almost never
enter a guilty plea at your first court hearing (an
arraignment in a misdemeanor case). By pleading guilty immediately, you
give up many rights and opportunities that could have led to a better
outcome. You lose the chance to
negotiate
for a better resolution. You lose the possibility of a
plea in abeyance. You
lose the opportunity to have an attorney review discovery, police
reports, or other investigative materials to determine what defenses
may be available to you. And you give up a number of very
important constitutional rights. Once you plead guilty, the chief
question left for the court is how to punish you. And if you plead
guilty without an attorney, you lose the opportunity to have an
experienced defense attorney speak on your behalf to obtain a reduced
sentence.
Not Hiring an Attorney
- A person charged with a misdemeanor offense may think that the crime
is not serious and that it is not worth the cost of hiring attorney.
For some very minor offenses (for example, a first-time speeding
ticket), this may be true. But all misdemeanor charges in Utah carry
potential jail time. And many misdemeanors carry potential collateral
consequences such as
losing your driver license, losing your right to carry a firearm, or
making it impossible to find a good job. In some cases, the costs of
hiring an attorney may actually be less than the penalties you are able
to avoid by successfully defending your case. Your attorney may be able
to point out legal defenses that sometimes even the prosecutor is not
aware of. In some cases, such a defense may completely clear you of the
charge. In other cases, an experienced defense attorney may help you
obtain a better negotiated resolution.
Talking to Police
without an Attorney - Police are required to read
your
Miranda Rights
before conducting any custodial interrogations. But even if you are not
"in custody," you still have the right to have the advice of a criminal
defense attorney and to have your attorney present during any
questioning by police. In many cases, statements made to police by a
suspect during an investigation turn out to be some of the most
damaging evidence in the case. But in some cases, it can be vital to
give the police information that may be beneficial to you. Without the
advice of an experienced criminal lawyer, you may not know whether your
statements to police are going to help or hurt your case. If you have
not consulted with an attorney, the safest advice is to tell police
that you will not talk to them without first obtaining the advice of an
attorney.
Consenting to a Police
Search - If a police officer asks for permission to search
your car, your home, your person, or any other place or thing under
your control, you are under no obligation to say yes. Police officers
will sometimes suggest that they are going to conduct the search
regardless of whether you consent to the search; or police may
state that if you do not consent that they will get a warrant and
conduct the search anyway. Police sometimes have an independent basis
for being able to conduct their search. But sometimes, these kinds of
threats are made to get you to consent to the search that would
otherwise be constitutional. If police obtain valid consent from you
before searching, you will lose the ability to challenge the
constitutionality of their actions under
Fourth Amendment.
Being Disrespectful or
Rude to a Police Officer - While you do not have to
consent to a police search or consent to be questioned by police
without an attorney, it is generally a bad idea to behave rudely to a
police officer. Even if you disagree with what the officer is doing,
you should try to find a polite way to make your position known.
Showing respect to a police officer will often result in the officer
treating you better, and may result in more lenient treatment from the
prosecutor once the case gets to court.
Resisting Arrest
- Being arrested for the first time can be a confusing and frightening
experience. Even if you believe that you are being wrongfully arrested,
the place to challenge the arrest is in the courtroom - not on the
street. Resisting arrest can result in additional criminal charges and
may give a prosecutor a reason to prosecute the underlying charges more
aggressively. Police officers do sometimes make mistakes. Exercising
your constitutional rights is important. But physically resisting a
police officer is usually a bad idea.
Finding a Utah Criminal Defense Lawyer in Salt Lake City
Choosing the best
criminal defense lawyer for
your case may be the most important decision you will make. Based in
Salt Lake City, Stephen Howard provides criminal defense representation
to clients throughout Utah. He has achieved
results of dismissals. not
guilty verdicts, and reversals on appeal in felony and misdemeanor
cases including kidnapping, robbery, burglary,
forgery,
drugs,
DUI,
and many more.
Contact us today to
arrange for an initial consultation with Utah criminal lawyer Stephen
Howard.