Salt Lake Criminal Defense Attorney Utah
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Take the first step in securing a successful defense.
Call 801-449-1409 now to see what our team can do for you.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Finding a Felony Defense LawyerChoosing a Misdemeanor Defense LawyerDrug and Alcohol Crimes Defense LawyerWhite Collar Defense Attorney for Utah ChargesAttorney for Expungements Reductions and PardonsDefendant Constitutional Rights Criminal LawyerBail and Bond Alternatives in UtahReasons for Hope Facing Criminal Charges

March 8, 2011 - An Invitation You Can Decline


I recently received a copy of a letter that was sent out by a State agency responsible for investigating a claim of fraud.  The letter politely notified the recipient of the good news that his case had been officially "approved."

The letter went on to explain that the investigator had scheduled an appointment for the recipient to "discuss" the matter, to explain the court process, and answer any questions the recipient might have.  The letter further explained that the investigator would be happy to accommodate the recipient by visiting with him at his workplace, rather than requiring him to come to the investigator's office.

The letter was very professional, and polite.  What was missing from the letter was what you always hear on television when someone gets arrested.  "You have the right to remain silent.  Anything you say can and will be used against you in a court of law. . . ."  

You see, the recipient of this letter was not the victim of fraud.  The recipient was the suspect.  The case had been "approved . . . for prosecution."  The invitation to come in and discuss the case was really a request to have the suspect come in and confess.

It has been said that confession is good for the soul.  But before you make any statements to a police officer or other official investigator, you should talk to an attorney first to be sure that you understand your rights, the consequences of anything you might say, and other possible methods of dealing with the situation.

Now, legally the letter did not need to inform the recipient of his right to remain silent under the Fifth Amendment.  This was not a "custodial interrogation" requiring the Miranda warnings.  But a good defense attorney will tell you that if police or other investigators "invite" you to come meet with them, you are free to decline the invitation.



This blog is the work of Utah criminal defense attorney Stephen W. Howard.  It is not intended to be legal advice, and the information contained herein may not be applicable to your particular factual or legal situation.  If you have been accused of criminal conduct, you should contact an attorney as soon as possible to discuss the best way to handle your case.



Best Rating
Make a Payment to Your Account
Get Help Now
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense Trial AttorneyNot Guilty - Client was charged with aggravated assault for allegedly pointing handgun at and threatening another driver during a road rage incident. Defense investigation and analysis, combined with effective cross-examination at trial indicated the alleged victim was the initial aggressor and suported client's self-defense claim. Jury acquitted client at trial.
  • Criminal Appeals Defense AttorneyDismissed on Appeal - DUI case was dismissed after a successful appeal where the Utah Court of Appeals reversed the trial court's denial of the defense motion to suppress. Without the suppressed evidence, the prosecutor acknowledged that they did not have sufficient evidence to proceed to trial and the case was dismissed.
  • Utah Expungement Attorney Salt Lake Davis Expunged - Client with prior conviction for violent felony was ineligible for expungement through the courts. A successful 2-step reduction restored expungement eligibility and ultimately led to the court's decision to grant the requested expungement.
  • Violent Crimes Assalt Defense UtahProbation - 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 to Do When Arrested for DUI 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. . . .
  • Utah Statewide Warrant Search How do I find out if I have an outstanding warrant? - If you believe you may have an outstanding arrest warrant in Utah, a criminal defense attorney can access the Utah statewide warrant system and help you find the best. . . .
Best Criminal Defense Strategy

You want the best defense. Agressive is good. But results ultimately are what really matter. Creating an effective strategy for defending against criminal prosecution requires a thorough understanding of statutes, case law, and evidentiary and procedural rules. A successful outcome is more likely when....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Our criminal defense lawyers have represented clients facing some of the most serious felony charges on the books in Utah. Whether you are facing prosecution for felony or misdemeanor charges, you can be assured that our attorneys have the experience, knowledge, and determination necessary to help you achieve the results you need. Choosing the best defense attorney for your case will be one of the most important decisions you make....

Experience »
Conviction Consequences - Utah Criminal Defense

Even a "minor" misdemeanor carries the potential for jail time and significant fines. The direct penalties and collateral consequences of a felony conviction are even more severe. Understanding these consequences is critical as you make decisions relating to your case. Even in a misdemeanor case, you should not....

Consequences »
Utah Criminal Defense Attorney - Reasons to Hope

Being charged with a crime is not the same as being convicted. But just being charged can affect more than you may have imagined - jail, job, family, bills, rent or mortgage. It can feel like everything has gone wrong, and may you wonder if anything can go right. But facing criminal prosecution does not mean giving up hope....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

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

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.