Avoiding Disaster in Utah Criminal Cases
Facing criminal charges in Utah is a serious matter. The worst-case scenario outcome even in a minor misdemeanor case can have devastating consequences. But in most cases, focusing on the worst-case scenario is the wrong approach.
Key Point — The worst-case scenario rarely becomes reality.
The best defense attorneys ask questions that police don’t.
While it is true that bad things can happen, having a good attorney can give you the best chance of avoiding disaster.
Worst-Case Scenarios Rarely Become Reality
In Utah criminal courts, judges and attorneys frequently refer to the “maximum potential penalties” for a criminal conviction. But it is rare that a judge imposes both the maximum jail or prison time plus the maximum fine without suspending at least a portion of the maximum.
JAIL & PRISON – A felony conviction in Utah carries the potential for up to 5 years, 15 years, or even a lifetime in prison. A single misdemeanor conviction can carry up to 364 days in jail.
The best attorneys understand that the effects of a criminal charge extend beyond the courtroom.
FINES – The maximum potential fine (plus surcharge) for a single second-degree felony conviction is $19,000 (a “fine” of $10,000 plus a 90% “surcharge”). A class A misdemeanor carries a maximum fine (including surcharge) of $4,750 (a maximum “fine” of $2,500 plus a 90% surcharge).
But these are maximums — the worst possible outcome.
Probation Options
There are only a few crimes in Utah that carry mandatory sentences. In most cases, a judge has the discretion to suspend a sentence and place a person on probation.
A good defense strategy should be designed to help you achieve your goals.
First-time offenders are most often given the opportunity of probation. Even individuals with moderately severe criminal records frequently receive a suspended sentence with probation. Most courts will not impose the maximum without suspending a portion except in the most serious cases or when dealing with individuals who have extensive and severe criminal histories.
As a condition of probation, the court may require a person to serve some period of time in jail. In felony cases, the court may order up to a year in jail as a condition of probation with the suspension of a longer prison term. In misdemeanor cases, a court may suspend all or just a portion of the jail sentence. If jail sentence is only partially suspended, the non-suspended period of jail time may be required as a condition of probation.
Maximum fines are also rare. Many judges will impose the maximum fine, but suspend a significant portion of that maximum amount. In theory, fines are intended to penalize a defendant and serve a deterrent function without causing devastating financial consequences for a defendant and his/her family.
The right defense attorney can make the difference you need.
A Good Attorney Helps You Succeed
Choosing the right criminal defense team can make a world of difference. Contact us now to see how we can help you.
