Ogden Criminal Defense Attorney
If I did it, can I plead "not guilty”?
Not
only "can" you still plead "not guilty," in most cases you probably should. Entering
a "not guilty" plea is not only an acceptable practice in the Ogden
criminal courts, it is a fundamental part of the criminal justice
system.
DO NOT plead guilty without first consulting an
attorney regarding your rights. Having an
experienced defense
attorney assist you in understanding the various
strategies
that
may be available for defending your case is crucial. When facing
prosecution for
misdemeanor or
felony charges in the
Ogden criminal
court system or elsewhere in Utah, you need an experienced criminal attorney.
Contact
us today to see how we can help. We are pleased to provide defense
representation to clients in Ogden and throughout Utah.
Presumption of Innocence & Burden of Proof
The
constitutionally-mandated presumption of innocence requires that a jury
consider a person to be innocent until proven guilty, beyond a
reasonable doubt. Under both state and federal constitutions, a person
charged with a crime must be viewed by the jury as innocent until
sufficient evidence is presented to persuade them otherwise. By
entering a plea of "not guilty" a defendant preserves this important
constitutional right.
At trial, the prosecutor bears the
burden of proof - meaning that the government bears the responsibility
of presenting evidence of each and every element of a charge,
sufficient to convince a jury, beyond a reasonable doubt, of the
defendant’s guilt. A defendant does not have to testify, present
witnesses or other evidence, or even make arguments to the jury or
judge. (In most cases, this is NOT a smart strategy, but it is legally
permissible.) If the prosecutor is unable to present the witnesses and
evidence necessary to persuade the jury, then a not guilty verdict
should be rendered.
A defendant who enters a guilty plea (or
no contest,) forgoes the right to a trial and gives up the presumption
of innocence. Waiving the presumption of innocence results in a
conviction that can carry serious consequences.
Plea Negotiations - Part of the Criminal Justice System
An
important part of the Utah criminal justice system is the
plea
negotiations process. The legislature has established
maximum penalties for a multitude of crimes. But true justice is not
always best-served by imposing the maximum
penalty. In many cases, a prosecutor may be persuaded to seek something
less than the most serious penalties or charges that might apply to a
case.
When
a defendant enters a plea of not guilty, (even when the defendant
wants to "accept responsibility”) both sides have the opportunity to fully and
appropriately assess the case. Conversely, when a defendant enters a
plea of guilty without first consulting with defense counsel, before obtaining full
discovery, and prior to engaging in meaningful discussions and
negotiations with the prosecutor, both sides are deprived of
the opportunity to determine whether a middle-ground resolution might be more appropriate.
The Right to Consult with Counsel before Entering a Plea
Utah
courts recognize preserving and protecting the defendant's right to consult with an
attorney before entering any plea. Rule 11 of the Utah
Rules of Criminal Procedure provides that a court cannot require a defendant to
enter any plea (guilty, no contest, or not guilty) until the defendant "has had a
reasonable time to confer with counsel." The rule also provides, and
the Court of Appeals has affirmed, that a trial court "may not accept"
a guilty or no contest plea where a defendant is not represented by an
attorney unless the court specifically finds that the defendant has
"knowingly waived the right to [an attorney] and does not desire [an
attorney]." See,
State v. Ostler, 2000 UT App 28.
Finding a Utah Criminal Defense Attorney

When
faced with prosecution for a crime in Utah, DO NOT enter any plea
without first consulting with a
criminal defense lawyer. Doing so is vital to
protecting your rights.
Contact
us now to see what an experienced criminal defense attorney can do for
you. We are pleased to provide criminal defense representation to
clients in the
Ogden area
and throughout Utah.