Box Elder County - Brigham City Criminal Defense Attorney
Most Utah criminal cases in Box Elder County are handled in courts
located in Brigham City. All
felony and class A
misdemeanor charges are
handled in the First District Court for Box Elder County. Most class B
and class C misdemeanor charges will be handled in the Box Elder County
Justice Court in Brigham City. Any criminal conviction can carry serious
consequences. Even
misdemeanor charges carry the possibility of substantial jail time and
expensive fines.
If you are facing criminal prosecution in Box Elder County, an
experienced criminal defense attorney can be vital to helping you
achieve the best
results for your case. Based in Salt Lake City,
criminal lawyer Stephen Howard provides legal services to clients
throughout Utah, including Brigham City and Box Elder County.
Contact
us today to arrange for an initial consultation.
Defending Criminal Charges in Box Elder County
At your first hearing in a criminal case in Box Elder County, you
should expect to be given formal notice of the charges that have been
filed against you. If you have hired an attorney, you will normally
already have a copy of the charges. But the court is still required to
provide a formal notification at this initial hearing.
In class B and class C misdemeanor cases, the first court hearing
should include an arraignment where the court will also ask you to
enter a plea of either "guilty" or "not guilty." You should consult
with an attorney before entering any plea in any criminal case. But in
almost every case, it will work to your advantage to enter a "not
guilty" plea at this first hearing. (In felony and class A misdemeanor
cases, the arraignment does not occur until after a preliminary hearing has
been held or waived.)
The discovery process is a critical part of defending against criminal
prosecution. A formal Rule 16 discovery request should be filed in
order to obtain police reports, witness statements, video recordings,
photographs, dispatch logs, or other evidence in the possession of or
under the control of the prosecuting agency. In some cases, an
independent investigation may provide information critical to forming
an effective defense strategy.
Your attorney can conduct a thorough case analysis, taking into
consideration the facts and evidence obtained through discovery or
independent investigation, and also the substantive and procedural laws
applicable to your case. Once the strengths and weaknesses of your case
are understood, it is often advisable to initiate a discussion with
the prosecutor about possible negotiated resolutions. These
negotiations do not commit you to resolving your case. But strategic
settlement negotiations can potentially open doors to a resolution
designed to achieve better results than those likely at trial.
Not all cases are well-suited to a negotiated resolution. In some
cases, a motion to suppress, probable cause hearing, motion to quash,
or other legal protections can help lead to the best result. In all
felony and misdemeanor cases, you are entitled to a jury trial. An
experienced criminal attorney can help you determine the best strategy
for defending your case.
Penalties for Criminal Convictions in Box Elder County
Felony convictions in Box Elder County can carry potentially lengthy
prison sentences and thousands of dollars in fines. But even a single
misdemeanor conviction can carry a sentence of up to one year in jail
and a fine (including surcharge) of nearly $5,000. Even if jail and
prison terms are suspended, probation conditions can be quite
restrictive. Outside the courtroom, the consequences of a criminal
conviction can also include restrictions on the right
to possess firearms, loss of employment or professional licensing, loss
of a driver license, and much more.
Potential jail/prison terms and fines for most criminal offenses are
set forth below:
- Capital Felony - can result in the death penalty, life in
prison
without parole, or 20
years to life in prison
- 1st Degree Felony - 3, 5, 6, 10,15, 20 or 25 year
minimum, with
life in prison maximum - up to
$10,000
plus 90% surcharge
- 2nd Degree Felony - 1-15 years prison - up to $10,000 plus
90%
surcharge
- 3rd Degree Felony - 0-5 years prison - up to $5,000 plus
90%
surcharge
- Class A Misdemeanor - up to 365 days jail - up to $2500
plus 90%
surcharge
- Class B Misdemeanor - up to 180 days jail - up to $1000
plus 90%
surcharge*
- Class C Misdemeanor - up to 90 days jail - up to $750 plus
35%
surcharge*
- Infraction - no jail - up to $750 plus 35% surcharge*
Jurisdiction for Criminal Charges in Box Elder County
Jurisdiction for most criminal cases in Box Elder County will be in
either the District Court (Utah First District, Brigham City
Department) or in the Box Elder County Justice Court. The justice court
has jurisdiction over class B and class C misdemeanors as well as over
infractions. The district court is considered a court of general
jurisdiction, and can hear cases involving charges of all levels
ranging from infractions to capital felonies.
Finding a Utah Criminal Attorney for Box Elder County

With
offices based in Salt Lake City,
criminal defense attorney Stephen
Howard provides legal services to clients throughout Utah. If you are
facing criminal charges in Box Elder County or Brigham City,
contact us
today to arrange for an initial consultation. See what an experienced
criminal lawyer can do for you.
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