Can I defend a Utah DUI charge by pleading no contest?
Some people mistakenly believe that pleading no contest (or "nolo contendere") will somehow support their claim of innocense when facing a DUI charge in Utah. Pleading no contest to a DUI charge in Utah has almost exactly the same effect as pleading guilty, and can result in consequences and sentencing just as severe as if you had pled guilty.There are a few limited circumstances in which a no contest plea will be to your advantage in a Utah DUI case. But these circumstances are typically limited to situations in which there may be civil litigation pending relating to injuries or damages alleged to have been caused as a result of the drunk driving. Under these circumstances, a no contest plea typically cannot be used against you in the civil case, whereas a guilty plea could be considered as an admition of relevant facts pertaining to the civil case.
Unless you are facing both a civil lawsuit and a criminal prosecution, a no contest plea is often just another way to get convicted. If you believe that you are innocent or have grounds to fight your DUI charge in Utah, you should consult with an experienced criminal defense attorney before making any plea or accepting any plea offer from a prosecutor.
Stephen Howard is an experienced criminal defense lawyer based in Salt Lake City and practicing throughout Utah. He has handled thousands of criminal defense cases - more than most Utah attorneys will see in their entire careers. Contact us now to schedule an initial consultation.
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Dismissed - Charges of insurance fraud were brought when investigators found reason to believe that client's claim of injury was fraudulent. Client was seen kicking a soccer ball, and investigators concluded that the injury claim was false. By obtaining medical records and other administrative records, and by pointing out to the prosecutor that the alleged injury interferred with the client's ability to lift - not his ability to kick a ball - the prosecutor agreed to dismiss the case.
Dismissed -
Client facing first-degree felony drug distribution
charge and potential life in prison. Charges were based on allegations that client had sold drugs to an undercover police officer, then made a full confession. Successful mitigation work
resulted in negotiated offer of misdemeanor plea-in-abeyance and
ultimate dismissal of case.
Released - Client absconded for more than 10 years from felony probation with
Adult Probation and Parole. At an order to show cause hearing, prosecutor argued aggressively for prison. Based on effective mitigation efforts by the defense, the judge agreed to release client without further jail.
Probation - Client
charged with aggravated robbery based on allegations he entered a store with a gun and mask and demanded cash. Client confessed to police before hiring a defense attorney. Defense mitigation efforts resulted in a negotiated resolution that removed life in prison as a possibility, and secured a probation sentence from the court.
- Recent Posts
What
should I do if I am arrested for DUI? - Many DUI cases begin as minor traffic stops. But the consequences of a DUI conviction are much more serious than an ordinary traffic citation. If you are pulled over for a suspected DUI, you have specific important constitutional and statutory rights that can protect your. . . .
Can
I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve
the case without returning to the state. . . .
Aggressive is good. Effective is better. The best defense strategy in any given criminal case can require in-depth analysis of the facts and a thorough understanding of applicable statutes, case law, and complex procedural and evidentiary rules. Having an experienced attorney on your side....
Strategy »
With decades of combined experience, our criminal defense team attorneys have the knowledge, skill, and determination to help you achieve the results you need. Facing criminal prosecution in Utah can have serious consequences. Choosing the best attorney to defend your case may be one of the most important decisions you will ever make....
Experience »
Jail time, prison time, thousands of dollars in fines, and the lifetime collateral consequences of having a criminal conviction on your record - all of these and more are at stake when you are facing criminal prosecution in Utah. Understanding what is at risk is critical. Even so-called "minor" misdemeanor cases can have serious consequences....
Consequences »
An arrest is not a conviction. If you are facing criminal prosecution in Utah, it can feel like your world is collapsing. But there are things you can do right now that can increase your chances of a good outcome. An experienced criminal defense lawyer can help you evaluate the various options available to you and help develop a strategy for success....
Reasons to Hope »
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Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.
Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041
Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.
In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.
Stephen W. Howard, PC
Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041
Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.
In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.
Stephen W. Howard, PC
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