Do Not Plead Guilty at Arraignment in Utah
It is
sometimes easy to underestimate the serious nature of a
misdemeanor
charge. Because it is not a
felony, many people do not realize the
serious and lasting
consequences associated with a misdemeanor
conviction. Some
individuals have represented themselves and entered a guilty at an
arraignment hearing, only to learn after the fact that there are
important collateral consequences to their pleas. If you are facing a
misdemeanor prosecution, having the assistance of an
experienced
criminal
attorney can be vital to ensuring that your rights are
protected.
Contact us today to see how we can help you.
Should I plead guilty if the prosecutor recommends no jail?
The
first court hearing in a misdemeanor case is typically called an
arraignment. At the arraignment hearing, the judge will ask the
defendant to enter a plea of guilty or not guilty. Sometimes, a
prosecutor is present at the arraignment hearing and makes an
offer to
the defendant, whereby the prosecutor agrees to recommend
probation
rather than jail if the defendant enters a plea of guilty.
Many
individuals facing misdemeanor prosecution have no experience in the
criminal court system - it may be their first time facing a criminal
charge. An offer from the prosecutor that seems to avoid
jail may seem
like a tempting offer. But there are a variety of factors to consider
before accepting such an offer.
Most often, a "no jail"
recommendation from the prosecutor really means a "suspended jail"
recommendation. In other words, if the judge follows the prosecutor's
recommendation (which is generally not guaranteed), the judge will
"suspend" the jail term and place the defendant on probation. If the
defendant complies with all terms of probation, then the case can be
closed successfully. But if the defendant fails to comply with all of
the conditions of probation imposed by the court (e.g. missing fine
payments, not completing community service, missing a check-in date
with a probation officer, being arrested on a new charge), then the
judge may issue an
order to show cause and impose all of the original jail time.
How can a misdemeanor conviction affect me?
It
is important to understand that pleading guilty - even to a
minor misdemeanor charge and even some traffic citations - will result
in a criminal conviction which can be reported on a criminal history
report. Too many convictions can disqualify a person for
expungement
eligibility. Criminal convictions can also make it more difficult to
get a job or rent an apartment. Some misdemeanor convictions can result
in a driver license suspension, or may disqualify a person from
receiving federal financial aid for college. Other misdemeanor
convictions can affect a person's right to own or carry firearms, which
in turn will prevent the person from hunting. Some misdemeanor
convictions will require a defendant to provide a DNA sample to be
placed into a state database. Other misdemeanor convictions can be used
to enhance subsequent charges, sometimes turning what would otherwise
have been a misdemeanor charge into a felony case. Even after jail time
is done, probation is completed, and the court case is closed, there
can be consequences to a misdemeanor conviction that can last a
lifetime.
What are the maximum penalties for a misdemeanor in Utah?
Maximum
penalties for a misdemeanor conviction can be very harsh. Most often a
judge will not impose the maximum sentence up front, but will suspend
all or part of the sentence. If a defendant completes probation
successfully, then the suspended sentence is never imposed. But if a
defendant violates probation or if the judge refuses to grant
probation, the maximum penalties for a misdemeanor are severe.
Even
the lowest level misdemeanor, class C, carries a potential of up to 90
days in jail and over a thousand dollars in fines (including
surcharges). A class B misdemeanor carries a possible sentence of 180
days in jail and nearly two thousand dollars in fines (including
surcharges). A class A misdemeanor, the most serious misdemeanor, can
be punished by up to a year in jail and nearly five thousand dollars in
fines (including surcharges).
Finding a Criminal Defense Attorney for Misdemeanors in Utah

A
misdemeanor conviction in Utah can carry lasting consequences. Even
minor charges where the prosecutor is not initially seeking jail time
can still result in jail and other serious consequences. Having an
experienced
criminal defense attorney on your side can be the best way
to ensure that your rights are protected.
Contact us today to see the
difference right defense attorney can make.