Utah Criminal Lawyer - Representing Out-of-State Clients

If you have been charged with a crime in Utah while visiting the state, it may be possible to handle your criminal case without returning to Utah. Based in Salt Lake City, criminal defense attorney Stephen Howard has assisted out-of-state clients in resolving and fighting both felony and misdemeanor criminal charges in many parts of Utah. His track record includes victories in a wide variety of serious criminal cases. Contact us today for an initial consultation.

Your Right to Appear and Defend Criminal Charges in Utah

Under our State and Federal constitutions, you have the right to be present at court hearings relating to your criminal charges. But you can also waive that right, and ask the court to excuse your presence in court and allow your attorney to appear on your behalf.

Whether you can resolve your Utah criminal case without returning to the state will depend on a number of factors. Chief of all will be the question of whether you intend to take the case to trial or, alternatively, to work out a negotiated resolution. If you take your case to trial, you will want to be present for the trial and possibly for some of the more important pre-trial proceedings. In many cases, if a negotiated resolution is reached between the prosecutor and the defense, that resolution can be entered with the court by means of affidavits prepared and presented to the court by your attorney on your behalf.

Another important factor in determining whether your case can be resolved without returning to Utah is the nature and seriousness of your charge. Various felony and misdemeanor charges can present their own unique challenges. Consultation with an experienced criminal defense attorney is the best step you can take in determining a defense strategy for your case.

Defending Misdemeanor Charges in Utah

Under Utah law, a person can enter a plea to a misdemeanor charge by submitting a signed and sworn affidavit to the court. In a misdemeanor case, your criminal defense attorney can protect your rights during the negotiations process, and then prepare the required affidavit and statement for submission to the court. With the judge's approval, you will not need to appear in court.

Defending Felony Cases in Utah

In felony cases, Utah law normally requires a defendant to personally appear in court. Under Utah Code 77-13-4, all pleas in felony cases must "be entered by the defendant in open court." But even in felony cases, an experienced criminal defense lawyer may be able to work out a resolution that will not require your personal appearance in court. This may involve a negotiated reduction of the felony charge to the misdemeanor level. If the prosecutor agrees to such a reduction, you may still be able to enter a plea by affidavit without returning to Utah to appear personally in court.

Finding an Criminal Defense Attorney in Salt Lake City, Utah

Based in Salt Lake City, criminal defense lawyer Stephen Howard offers services to clients throughout Utah. He has a track record that includes not guilty verdicts, dismissals, and reversals on appeal in a wide range of felony and misdemeanor cases. If you have been charged with a crime while visiting or traveling through Utah, contact us today for an initial consultation.

We also represent out-of-state clients who are seeking an expungement or a 402 reduction for a prior Utah criminal charges.