Hiring an Attorney - Utah Criminal Defense
Do I need to hire a lawyer for a Davis County criminal case?
From
time to time I receive calls from individuals who have gone to court on
their own, representing themselves on criminal charges without
hiring
a criminal defense lawyer.
While this sometimes works out well, it carries a real risk of turning
into a disaster. Too often, these people are calling to see what I can
do to fix the problem they have created. Below is a recent example of a
common mistake people can make in representing themselves. (All
identifying information has been removed to ensure confidentiality.)
Before you make a similar mistake, call us to see what an experienced
criminal defense attorney can
do for you.
"But it's just a misdemeanor. . . ."
Most people would never think seriously about representing themselves
in a
felony
case involving
murder,
robbery,
burglary,
or other so-called "serious" charges. But when the prosecutor has filed
"just" a
misdemeanor,
some people are willing to consider representing themselves in court.
I
recently received a phone call from a middle-aged woman who,
up
until a few months earlier, had never been charged with a crime. She
found herself facing what seemed like a relatively minor misdemeanor
charge in a justice court. She appeared at the arraignment hearing
without hiring an attorney. When the judge asked her to enter a plea of
either guilty or not-guilty, she said "guilty." Being an otherwise good
and honorable person, she felt like since she had in fact committed the
crime that was charged, she should take responsibility.
She
called me a few months later, after realizing that having a misdemeanor
conviction on her record was going to impair her ability to make use of
the new educational certification she was about to complete. The
advisers at the school she was attending told her that most prospective
employers in her field would not be willing to hire someone with a
criminal conviction. She wanted to know what could be done to fix the
mess she had gotten herself into.
The case was originally
filed in the justice court, so she would have been entitled to a "de
novo" trial or hearing in the district court. This would have given her
a chance to essentially start the case over and do it right. But she
did not contact me until after the period for filing a notice of appeal
had already expired. So the option of filing an appeal was of the table.
For some misdemeanors, a
402
reduction
motion can be filed requesting that the level of the offense be reduced
to the infraction level. In this case, the conviction had entered at
the class B misdemeanor level. A reduction to the infraction level
would therefore require the agreement of the prosecution. Without the
prosecutor's agreement, the charge could only be reduced to the class C
misdemeanor level. In either case, a reduction would shorten the
required waiting period for
expungement
eligibility
by one year. But it would still require a three-year wait from the end
of probation before she could start the expungement process.
Ultimately,
she should be able to have the charge expunged. An expungement allows a
person to answer questions (in most circumstances) as though an arrest
had never been made and a criminal charge had never been filed. But in
her case, it will take some time.
Things likely could have turned out differently if she had
hired an
attorney.
Do it right the first time.
It
may be tempting to try to save some money by representing yourself in a
misdemeanor case. But in the long run, it can cause more problems and
cost more money. Doing it right the first time just makes more sense.
In the case described above, it is very likely that the prosecutor
would have agreed to resolve the case through a
plea
in abeyance.
Under Utah law, when a plea is held in abeyance, it will normally not
be entered by the court as a criminal conviction. Instead, the
defendant is given certain conditions to follow. If the terms of the
agreement are met, the case can be dismissed. The charge never enters
as a conviction, and it can be expunged much more quickly than a
standard misdemeanor conviction could be. (Only a thirty-day waiting
period is required, whereas a class B misdemeanor conviction requires a
four-year waiting period.
In the case described above, the
defendant wanted to "accept responsibility" for her actions. Even in
such a circumstance, a prosecutor may not necessarily be seeking a
criminal conviction or jail time. Pleading guilty at arraignment
deprives both the defense and the prosecution of the opportunity to
assess the case and have a meaningful discussion regarding what
"justice" really requires in the case.
In some cases, a
defendant may be wrongfully charged with a crime that he or she did not
actually commit. In other cases, the prosecutor may not have sufficient
evidence to overcome the presumption of innocence that is guaranteed by
our Constitution. Before making a decision to accept any
negotiated
plea offer, your attorney should take the time to go over the facts of
the case with you, and to make a thorough legal and factual analysis to
determine what defense strategies might be available.
Sometimes,
prosecutors have filed criminal charges where no crime actually
occurred. Even when the facts of a case are not in dispute, it is not
unheard of for a prosecutor to misinterpret the legal elements of a
charge and file a criminal case where no criminal offense has
actually been committed. Reviewing your case with an attorney may be
the best way to determine if this is happening to you.
Finding a Criminal Defense Attorney in Davis County

No
two criminal cases are identical. This makes it even more important to
have the assistance of an experienced
criminal
defense attorney who can help you understand what options you
have and what defense strategies may be best suited to your case.
Stephen Howard has practiced criminal defense law since 1999, and has
successfully handled cases
ranging from homicide to complex white collar crimes. He has the
experience necessary to
help ensure that your rights are protected.
Contact us today to see how
we can help you.
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