Ogden Misdemeanor Defense Attorney
Under criminal law
in Utah, a
misdemeanor charge can carry
penalties including
jail time (up to a year) and a fine fine and
surcharge of as much as $4,750. There are
also collateral consequences to a misdemeanor conviction that can
extend
beyond the
courtroom, affecting employment, professional
licensing, driver's license, gun rights, and much more. If you are
facing criminal prosecution in Ogden, it is important to have an
experienced
criminal defense attorney on your side.

Utah criminal
defense attorney Stephen Howard has been awarded the
American College
of Trial Lawyers' Medal for Excellence
in Advocacy and named to the National Order of Barristers. Throughout
his career he has been successfull in
protecting his clients' rights in
thousands of serious
felony and misdemeanor cases. He recognizes that
all cases need to be taken seriously - including misdemeanor cases. To
best meet each client's needs and goals, he works directly
with
clients to develop a personalized defense
strategy.
We are pleased to provide legal services to clients in Ogden and
throughout Utah.
Call us today to see how we can help with your Ogden criminal
defense case.
Defending Ogden Misdemeanor Cases
Misdemeanor charges in Ogden can include many
alcohol offenses,
marijuana possession,
domestic violence, DUI, shoplifting, disorderly conduct, assault, and
more. Ogden misdemeanor prosecutions are handled in both the Ogden City
Justice Court and the Second
District Court's Ogden Department. But
Ogden's Justice Court is restricted to hearing only class B and lower
level offenses. Class A misdemeanors must be heard in the district
court.
When developing the best defense
strategy for a Utah misdemeanor case, one must
consider the type of the charge(s) filed, the specific facts of
the case, the applicable law (including statutory provisions, case law,
and procedural rules). Perhaps one of the most important
considerations, however, involves the needs and goals of each
distinctive client.
A careful analysis of the law and the facts related to the case should
reveal what strengths and weaknesses exist for both the defense
and prosecution sides of the case. By examining both sides of the case
we are best able decide which defense techniques are most appropriate
- a
motion to suppress, a constitutional challenge, jury trial, etc.
Additionally we meet with each client, to learn what his or her
respective
needs and goals are. For some, it is most important to keep a
conviction off their
record. For others, it is critical that they stay out of
jail. Some want to take the case "all the way," and others
may hope for a speedy resolution through negotiations. By taking into
consideration each of our client's
personal needs and circumstances, we are able to prepare a strategy for
defense most likely to accomplish the needs and goals of our
clients.
Misdemeanor Jail Time and Fines in Ogden
The following are maximum penalties associated with each class of Utah
misdemeanor charge.
Class A Misdemeanor - 365 days jail; $4,750 (fine plus
surcharge)
Class B Misdemeanor - 180 days jail; $1,900 (fine
plus surcharge)
Class C Misdemeanor - 90 days jail; $1,425 (fine plus
surcharge)
When facing multiple counts, the district court or justice court
judge has the
discretion to run the sentences for each count consecutively
(back to back) or concurrently (simulatenously). As an example, a
person with two class
B misdemeanor 180-day jail terms, if imposed consecutively
could end in nearly a full year in jail. Imposed concurrently, those
two 180-day jail terms would only equal 180 days. A judge can impose
consecutive
sentences on multiple misdemeanor charges contained in one single case.
Or, two different judges could
impose sentences consecutive to the other judge's sentence if a person
has convictions in multiple cases.
Other Consequences for Ogden Misdemeanor Convictions
On top of jail time and fines, Ogden courts may order payment of
restitution for injuries or damage that resulted from
the criminal
conduct of the defendant. Restitution payments can be ordered as a
condition of probation, or can be simply entered as a judgment to be
collected if the person is sentenced to actually serve all jail time
without probation.
In situations where the defendant is allowed
the opportunity for probation, a judge in Ogden may impose a variety of
conditions
including community service, drug or alcohol treatment,
domestic violence counseling, anger management classes, theft classes,
curfews, restrictions on travel, restrictions on personal associations,
drug testing, and more. Probation conditions must be rationally related
to legitimate goals of the criminal justice system. But the requirement
of a rational relationship does little to limit the court's discretion
in determining appropriate probation conditions.
Certain collateral consequences can accompany a misdemeanor conviction
even without an order from the court. Drug-related convictions (such as
possession or paraphernalia charges) can result in a suspension order
from the Utah Driver License Division. A domestic violence conviction
can result in the loss of the right to carry, use, or otherwise possess
a firearm. Many housing rental agreements will contain clauses allowing
a landlord to evict the tenant if the tenant is convicted of a criminal
offense. The list of potential collateral consequences is long.
Too often, people may believe that since a case involves "just"
a misdemeanor, that having an attorney is not necessary. While
misdemeanors are obviously not as serious as felony charges, a
conviction can have lasting consequences. Having an
experienced criminal defense attorney on your side can give you the
best chance of achieving
a successful outcome for your Ogden misdemeanor case.
Finding a Misdemeanor Defense Attorney in Ogden, Utah

If
you are facing felony or misdemeanor criminal charges in Ogden, Utah, you need an
experienced criminal defense lawyer with a
track
record
of achieving real results. Utah
criminal attorney Stephen Howard has
achieved not guilty verdicts, dismissals, or appellate reversals in some of the most serious
felony
charges on the books in Utah. He also provides
expungement services and misdemeanor defense for
clients in Ogden and throughout Utah in cases including DUI, drug
charges, domestic violence,
shoplifting, theft, assault, criminal
mischief,
MIP, and many more.
Contact us today to
see how we can help you.