Can I resolve criminal charges without coming to Utah if I live in another state?
As a general rule, if you are charged with a crime in Utah you are required to appear in person to defend your case in court. However, we are often able to help out-of-state clients resolve their pending cases without any travel to Utah.
Each case is different.
Some cases should be taken all the way to trial. Other cases may get a better outcome through a motion to suppress evidence. Some cases are best handled with a negotiated resolution. A good attorney can help you determine the best strategy and right approach for your specific case and your individual goals.
The best criminal defense attorneys insist on fair courtroom procedures that enforce and respect clients’ rights.
Jury Trial or Bench Trial
If you intend to take your case to trial, as a practical matter you will need to be present to participate and assist in your own defense. You will want a good attorney working to prepare your case long before you travel to Utah for the trial.
Negotiated Resolutions – Misdemeanor Charges
If you are charged with a misdemeanor, you may be interested in resolving the case without a full trial. If your attorney can negotiate a reasonable resolution, Utah law may allow you to waive your right to be present and to instead enter a negotiated plea by affidavit.
The best attorneys understand that the effects of a criminal charge extend beyond just the courtroom and case.
Felony Charges – “Open Court”
If you are facing felony charges, Utah Code 77-13-4 requires that any felony plea “be entered by the defendant in open court.” However, the idea of “open court” has evolved over the years. Many judges now consider remote video conferencing to fall under the umbrella of “open court” proceedings. Alternatively, plea negotiations may result in a reduction of the felony charge to the misdemeanor level.
Finding the Right Attorney
If you live outside Utah, having a good attorney is critical to a successful resolution of your criminal charges. Contact us today to arrange for an initial consultation.