Common Mistakes Made in
Utah Criminal Cases
Defending against criminal charges in Utah often involves complex
procedural and evidentiary rules, and can require
in-depth analysis and application of statutes and case law.
This page is intended to present information regarding common mistakes
made by people facing criminal prosecution in Utah.
The best results for your case are most likely when you have an
experienced
Utah
criminal defense attorney on
your side. During his career, Stephen Howard has successfully protected
the rights of thousands of clients facing charges ranging from murder
to
drug charges to white
collar crime.
Contact
us today to schedule an initial consultation.
This page presents
information on mistakes commonly made
in Utah criminal defense cases. This information is not intended as
legal advice. If you are facing criminal charges, contact an
experienced criminal lawyer now. The following are examples of things
you generally should not do:
Avoiding Common
Mistakes in Utah Criminal Cases
Pleading
Guilty at
Arraignment - Almost without exception, you should not
enter a guilty plea at your arraignment hearing in a
misdemeanor
case.*
Under Utah law, an arraignment hearing is the first court
hearing in a misdemeanor case. At the arraignment hearing,
the judge will give you formal notice of the charges that are filed
against you, and will ask you to enter a plea of guilty or not guilty.
Even if you are in fact guilty of the charges filed against you, it is
best to enter a not guilty plea at the arraignment hearing.
Entering a not guilty plea at arraignment is absolutely necessary to
preserving your right to a trial. But even if you do not want to take
your case to trial, pleading not guilty opens the door to
negotiations with the prosecutor.
Negotiated
resolutions could include
a
plea in
abeyance agreement that would result in dismissal of the
case, a probation recommendation, amended charges that could save your
driver license or avoid other collateral consequences, a reduction in
the level of the charge which could speed up the
expungement
process,
or other negotiated agreements that could benefit you. By pleading
guilty at an arraignment hearing, you lose the opportunity to have an
experienced attorney review police reports, investigative materials,
and other discovery information to determine what defenses are
available and what
strategy is likely to yield
the best result.
On the other hand, by entering a guilty plea at an arraignment hearing,
the only issue
remaining for the court to decide is the harshness of the sentence to
be
imposed.
*An exception to this general rule may apply in circumstances where a
defendant is mistakenly charged in a justice court with a misdemeanor
that is subject to
felony
enhancement in the district court (e.g. a
third
DUI
charge, or third
shoplifting
charge). In such circumstances,
by pleading guilty in the justice court to the misdemeanor charge,
constitutional double jeopardy protections may prevent a prosecutor
from filing the enhanced felony charge in the district court.
Consultation with a criminal defense attorney is strongly advised
before you enter any guilty or not contest plea.
Not Hiring an Attorney
- Felony charges are serious criminal charges, with potentially
devastating
consequences.
Misdemeanor cases are less serious than
felony charges. So it may be tempting to try to save some money by
representing yourself if the charge is "just" a misdemeanor. But
representing yourself on just about any charge more serious than a
minor speeding ticket can be a big mistake.

The
consequences of even a misdemeanor conviction can include
substantial time in jail and thousands of dollars in fines. Some
misdemeanor charges (e.g. DUI or shoplifting) are enhanceable - meaning
that subsequence charges carry greater penalties, or could even be
enhanced to a felony level. Many criminal convictions carry collateral
consequences beyond the court case that can include losing a driver
license, losing the right to possess or use a firearm, losing a
professional license, and more.
When you are being prosecuted for a crime in Utah, the prosecuting
attorney has likely handled hundreds or thousands of similar cases. In
every case, the prosecuting attorney has earned a graduate level degree
in law, which has required thousands of hours of study.
Prosecutors also participate in continuing legal education to
keep abreast of continually changing laws.
Unless you have that same kind of extensive training and a similar
level of experience in the legal system, you
will be at a severe disadvantage going up against the prosecuting
attorney in court. Having an
experienced
criminal
defense attorney on
your side can give you the best chance of success in your case.
Speaking
to Police
without a Lawyer - You have the
right to remain
silent if
the police want to ask you questions. This right is so important, that
the United States Supreme Court has declared that police MUST inform
you of this right before conducting any custodial interrogations. While
police may not be required to inform you of this right when you are not
"in custody," you still have the right to request the opportunity to
speak with an attorney before submitting to an interview or questioning
by a police officer.
There are some circumstances where your case may be improved and your
position strengthened by talking with a police officer during a pending
investigation. But there are also great risks involved in choosing to
talk with a police officer. In many cases, statements made by a
defendant during an investigation turn out to be the prosecutor's
strongest evidence of guilt.
Before you make a choice about talking to a police officer about
possible criminal charges, you should consult with a Utah criminal
defense attorney. Having good advice from an experienced criminal
lawyer can be the best way to avoid seriously damaging your case.
Under Utah law, the only information a police officer can require you
to give is your name. It is technically a class B misdemeanor to refuse
to give a police officer your name upon request, assuming that the
officer has a legitimate reason to detain you or to request your name.
But beyond politely giving the officer your name, it is generally
safest to refuse to answer any further questions without having the
assistance and advice of an experienced criminal lawyer.
Giving
Consent for a
Police Search - Unless the police have a warrant, you are
generally free to refuse a police officer's request to conduct a
search. This freedom to refuse consent applies to a search of your
home, your car, your person, or any other place or object over which
you have control or for which you have a legitimate expectation of
privacy.

Some
people might choose to give consent because they honestly believe
that they have nothing to hide. Consent in such circumstances can still
be dangerous. Consider the driver of a vehicle who gave a ride to a
passenger who accidentally dropped a marijuana pipe between the seats.
Consider the grandmother whose grandchild, without permission, had been
using her computer to download and view child pornography. Consider the
father whose teenage son had, without his father's knowledge, left some
stolen stereo equipment in the trunk of the family car. In each of
these scenarios, the person may have had no reason to know about any of
the alleged criminal activity. But by allowing the police to search
their car, home, or computer, the person exposes himself to possible
criminal prosecution for the actions of another individual.
Other people might be aware of the existence of some evidence of a
crime, but be concerned that refusing to give consent to a police
request to search would somehow make them look "guilty." While it may
be true that refusing consent to search may make the police suspect
that you are guilty of a crime, giving your consent only gives the
police the proof needed to prove your guilt.
Sometimes, police may suggest that they will conduct a search whether
or not you consent. A police officer may state that he will simply get
a warrant if you refuse to consent. If you give consent under such
circumstances, you may lose your ability to successfully challenge the
constitutionality of the search in court under the
Fourth Amendment.
Declining consent protects your Constitutional rights and can preserve
your ability to fight the case in court if needed.
Being Rude or
Disrespectful to a Police Officer - You have the right to
refuse to submit yourself to police interrogation. You have the right
to refuse consent for a police search. But it is rarely if ever helpful
to be rude or show disrespect to a police officer. In many cases,
treating a police officer with courtesy and respect may actually work
to your benefit.
Officers often have some discretion in what charges will be submitted
to a prosecuting attorney for screening. In some cases, a police
officer who has been treated respectfully by a suspect or defendant may
choose not to screen some of the potential charges, or not to
request that the prosecutor file an enhanced charge.
In the process of most criminal cases, the prosecution and defense will
engage in negotiations regarding potential resolution of the case. In
many cases, a prosecutor may ask the arresting officer for input as to
how aggressively to pursue the case. An officer who has been treated
with respect may be more willing to recommend leniency, whereas an
officer who has been treated rudely may want the prosecutor to throw
the book at the defendant.
Finally, police officers are people too. Most officers are good people
who do their job to serve and protect the citizens and residents of
their communities. That deserves respect.
Resisting Arrest or
Fighting with a Police Officer - There are,
unfortunately, times when police officers make mistakes or exercise
poor judgment. If you believe that you are being wrongfully arrested,
if you believe that a police officer is violating your Constitutional
rights, the place to challenge the police officer's conduct is in a
court of law - not on the street.
Exercising your Constitutional rights is important. But arguing with or
using physical force against a police officer is a recipe for disaster.
You may find yourself facing additional criminal charges for
interfering with an officer, resisting arrest, or assault on a peace
officer.
Choosing a Utah Criminal Defense Lawyer in Salt Lake City
Choosing the best Utah
criminal defense lawyer for
your case is one of the most important decisions you will make as you
proceed with your criminal defense case. Based in Salt Lake City,
Stephen Howard has successfully protected his clients rights in cases
ranging from
murder
to DUI to white collar crime. After representing
thousands of clients during his career, he has the
experience necessary
to help you get the
results
you need.
Contact us today to
schedule an initial consultation with Utah criminal attorney Stephen
Howard.
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