How Long Do They Keep You In Jail For A DUI in Utah?

How Long Do They Keep You In Jail For A DUI

Most people are aware that a DUI offense can have various negative consequences including Driver’s license suspension (though it may be possible to continue driving with an ignition interlock device (IID) installed), Fines and Mandatory alcohol program. However, the possibility of serving jail time is likely the scariest consequence of a DUI conviction or DUI probation violation. It is not always clear when a DUI can land you in jail.

How long you go to jail for drunk driving in Utah depends on your blood alcohol content (BAC) and whether you have previous drunk driving convictions. The penalties for a DUI conviction in Utah range from no jail time to as many as five years in prison. But even if you escape jail, you could face a number of other penalties for drunk driving in Utah. These penalties could include license suspension, probation, fines, and mandatory alcohol treatment. You will also face many DUI costs of which you were likely unaware.

DUI Penalties in Utah

In Utah, the courts take drunk driving seriously. Even for a first offense, you could face probation, fines, traffic safety school, and alcohol treatment. The penalties get progressively worse if you receive subsequent convictions or if your BAC rises above certain thresholds. The DUI penalties in Utah based on the number of previous convictions you have are as follows:

No Prior DUI Convictions

If you have no prior DUI convictions and your BAC was at or above 0.08% but below 0.1%, you could face:
• Up to six months’ probation
• A maximum fine of $300
• Mandatory traffic safety school
• Possible alcohol treatment

If you have no prior DUI convictions and your BAC was 0.1% or above but below 0.16%, you could face:
• A one-year driver’s license suspension
• Up to six months in prison
• A maximum fine of $5,000
• Mandatory traffic safety school
• Possible alcohol treatment

If you have no prior DUI convictions and your BAC was 0.16% or above, you could face:
• One-year driver’s license suspension
• Up to six months in prison
• A maximum fine of $5,000
• Mandatory traffic safety school
• Possible alcohol treatment

One Prior DUI Conviction

If you have one prior DUI conviction and your BAC was at or above 0.08% but below 0.1%, you could face:
• Up to 12 months driver’s license suspension
• Up to six months in prison
• A maximum fine of $2,500
• Mandatory traffic safety school
• Possible alcohol treatment
• One-year ignition interlock

If you have one prior DUI conviction and your BAC was at or above 0.1% but below 0.16%, you could face:

• Up to 12 months driver’s license suspension
• Up to six months in prison
• A maximum fine of $5,000
• Mandatory traffic safety school
• Possible alcohol treatment
• One-year ignition interlock

If you have one prior DUI conviction and your BAC was 0.16% or above, you could face:

• Up to an 18-month driver’s license suspension
• Up to five years in prison
• A maximum fine of $10,000
• Mandatory traffic safety school
• Alcohol treatment
• One-year ignition interlock

Two or More Prior DUI Convictions

If you have two or more prior DUI convictions and your BAC was at or above 0.08% but below 0.1%, you could face:
• Up to a 12-month driver’s license suspension
• Up to two years in prison
• A maximum fine of $5,000
• Alcohol treatment
• One-year ignition interlock
If you have two or more prior DUI convictions and your BAC was at or above 0.1% but below 0.16%, you could face:

• Up to an 18-month driver’s license suspension
• Up to five years in prison
• A maximum fine of $10,000
• Alcohol treatment
• One-year ignition interlock

If you have two or more prior DUI convictions and your BAC was at or above 0.16%, you could face:

• Up to an 18-month driver’s license suspension
• Up to five years in prison
• A maximum fine of $10,000
• Alcohol treatment
• One-year ignition interlock

First, Lawyer can review the circumstances of your case and determine if it is possible to create reasonable doubt as to your guilt. Perhaps the arresting officer did not follow proper protocol. Maybe the breathalyzer used to capture your BAC was not properly calibrated. There are dozens of potential ways to call your guilt into question. If it looks as if the prosecution has unassailable proof of your guilt, a lawyer can negotiate with the state to knock your DUI charge down to a lesser charge. Everyone who gets a DUI immediately goes to the “this is the end of the world” extreme, but in reality, DUI’s are charged against all different types of people, and there are definitely folks who you know who have gone through this but have not made their battle publicly known. So the primary thing to know is that you’re not the first person that has gone through this and that people have made it through these circumstances before without it ruining their lives.

Getting one DUI charge doesn’t make you an alcoholic, a bad person, or a low-life. On today’s roadways, police officers generally do not show mercy to anyone who has had even one drink, some marijuana earlier in the day, or, on certain occasions, those drivers who are just taking their medications as prescribed. In short, getting a DUI is a lot easier than you think. If and when it happens, you just have to be ready. For a first-time DUI, an officer does not have to book you into jail and often times, if you are respectful to the officer, he will bring you home after he has processed the DUI so that you can at least sleep in your own bed. Your car will always be impounded when you’re arrested on suspicion of DUI, so getting that back should probably be your first priority, as the bill can rack up quickly if it sits there too long. If you are booked into jail on your first DUI, it is smart to try to bail out as quickly as possible. Bail on a first DUI generally will be $1,000, and you can, therefore, get a bail bond for about $100, or you can post the full amount, which means that it will all be returned to you at the conclusion of the case. One tip here is that if you are eventually convicted of a DUI (under a 0.15 BAC), you will have a mandatory minimum of 24 consecutive hours in jail. Therefore, if you’ve been in jail for let’s say 20 hours and then bail out, you will not be given credit for that.

It may be wise to sit there for 4 more hours to get the full 24 hours in, which may mean you don’t have to go back to jail later on. Once you are out of jail and you’ve retrieved your car, the best thing you can do is call a DUI attorney. It’s actually wise to call a DUI attorney before you’ve decided whether to take the breath test at the station as well, but here we’re focusing on what to do after you’ve been arrested. Most times when you leave jail or after you’ve been dropped off by the officer, you do not have a court date in your hand yet. You will receive a summons in the mail in the weeks or months following the arrest, which will tell you what your first court date is and what court it will be held in. Again, sometimes this summons comes during the week of the incident and sometimes you have to wait and wait for it to arrive. This depends on several factors, one of which is whether you did a breath test or a blood draw. Blood draw cases have to be sent to be tested and then the results are returned to the prosecutor’s office. This means that your summons in a blood draw case will generally take longer. Just because the summons might take a while to get to you, doesn’t mean it’s a good idea to just sit back and do nothing after the arrest, as there is also the Department of Licensing side to a DUI case.

When you get arrested for a DUI you will generally be given a form showing you how to request a Department of Licensing (DOL) Administrative Hearing. This hearing must be requested within 20 days of arrest, regardless of what is happening with your criminal case, so there is a reason to get moving on talking to a DUI attorney once arrested. If you do not request a hearing within this 20-day time period, and your breath test was over the legal limit, your license will be suspended automatically starting 60 days after the incident date. While you don’t technically need an attorney for the DOL hearing, to not have one is to basically throw away the money for the hearing ($375.00) as these are complex hearings where legal issues need to be understood and argued. An attorney can talk to you about what happened while it is fresh in your memory and can even help you submit the DOL hearing request. Essentially, the defense for your DUI can start long before the criminal charge is filed.

In addition to the benefits of having things fresh in your mind and having an attorney there to help you with the DOL hearing from the beginning, there are another few benefits to getting an attorney on board right away. There may be investigative items that need to be looked into which will disappear with time. An attorney might want to have you get started with a drug and alcohol evaluation right away. An attorney may want to start preparing pretrial motions for your case so that they can put the prosecutor on notice of issues right off the bat. These are just a few of the reasons to consult an attorney right away, but the main reason this makes sense is that you’re usually going to be paying an attorney a flat fee for representation, so why not get your money’s worth and have him or her help you throughout? It should be the same cost either way so let your attorney work for you from the get-go. A DUI charge is a daunting task, but having a trusted attorney on your side throughout makes you realize that this won’t be the end of your life as you know it.

An arraignment is the act of bringing a defendant to court and formally reading the charges against him or her. It is at this point that you enter your plea: guilty or not guilty. However, that’s not the only jail time you will serve if you are convicted. All DUI crimes in Utah come with jail time. How long you are in jail depends upon the severity of the crime with which you were charged. Upon being arrested on a DUI charge, you will be brought to the police or Sheriff’s station for processing. If you are injured in a crash related to a DUI, you will be brought to the hospital first, and then processed upon your release.

Once you arrive at the station, you will likely be ordered to take a chemical test to measure the amount of suspected alcohol or drugs in your system. After that, you’ll be read your rights and questioned. You can have a lawyer present for this, if you so choose. From there, your driver’s license will likely be taken away, and you will be given a temporary license in its place. You will be informed that your license is to be suspended, however you have ten days to fight the suspension. You may want to consider retaining a lawyer to help you fight this. Living without a license is incredibly stressful, especially when trying to get to work and back. And the last thing you need is to be charged with driving without a license. While you may be held in a jail cell during this process, this is local prison, not a prison for hardened criminals. If this is your first DUI-related conviction, or if your last DUI-related conviction was more than 10 years ago, you will be sentenced to a minimum of 48 hours in jail, up to but not exceeding six months. Time served will be in a local prison, rather than a state prison and you can usually serve your time in the same city of your arrest. A DUI defense lawyer may be able to work out a negotiation in your favor. For instance, he or she may be able to convince the court to supplement your 48-hour jail sentence with a five-day work release instead.

If, however, this is your second or third offense, the punishments may be more severe:
• Second DUI Offense – Up to a year in a local jail
• Third DUI Offense – Mandatory six months to a year in a local jail
• Fourth (or More) DUI Offense – Up to 3 years in state prison
If you have four or more offenses, it no longer matters if they were within the last ten years. You can be sentenced to up to three years in jail, even if it has been ten years since your last conviction.

DUI Attorney Free Consultation

If you’ve been charged with a DUI in Utah, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Do I Have To Notify My Insurance Company Of A DUI?

Do I Have To Notify My Insurance Company Of A DUI

Someone could get an impaired driving charge but there could be no accident, when you’re pulled over on a roadside stop, there’s no accident, and the insurance company may not necessarily be notified. In order for your insurance company to find out about your non-accident related DUI charges, the company needs to order a report of your driving record from the Utah DMV, which is typically something that it’ll do when it’s time to renew your policy. And even then, it’s not always guaranteed that this will happen every single year especially if you have an otherwise clean record.

Specifically where you’ve had someone who’s been a client of the same insurance company for a number of years and hasn’t had any accidents or claims, and hasn’t done anything to draw attention to them, the insurance company may not be ordering a report on that driver. if you get into an accident and need to make a claim, that’s an entirely different situation. Claims adjuster will ask about the accident, and seek out details and you can’t lie. At the moment, the Utah police force posts the first and last names of drivers that have been charged with impaired driving, along with their age, location, and crime. Unless there’s a driver’s license number associated with it, there’s nothing the insurance company can do with it.

Unless the police start releasing more information, or they make a concerted effort to work directly with auto insurers, it’s not likely that your insurance company would be able to connect you with the name displayed on the police website. The impaired conviction remains on your Utah driving record for at least three years, and the license suspension that accompanies the conviction remains on your record for up to six years. The Utah car insurance application requires drivers to disclose any license suspensions within the last six years, which will require you to notify the insurer of the impaired driving conviction. To return to paying normal car insurance rates, you’re going to have to wait up to six years after the impaired conviction.

As soon as your auto insurance company learns that you’ve been convicted of driving while intoxicated, they’ll apply a major surcharge to your policy. While this may occur on the first renewal date after your conviction, it’s possible that they’ll levy the charge retroactively to cover the period during which you hid your conviction. Alternatively, your state may require you to notify your provider immediately after your conviction. In most jurisdictions, you need to obtain an SR-22 form from your insurance company in order to retain your driving privileges once your DUI-related license suspension period ends. It’s unlikely that you’ll be able to request an SR-22 from your insurer without alerting them of your recent conviction. Once your DUI is a matter of record, you’ll endure years of artificially high premium payments. You won’t be able to do much about this: Whereas safe drivers can switch insurance companies freely to take advantage of promotions, deals and novel policy features, high-risk drivers who wish to switch insurance companies must contend with fees and red tape.

Once you have a DUI on your record, it’s unlikely that you’ll find a better deal with another provider. In most states, your DUI will remain visible to your insurance company for five years. Unfortunately, this is not the case everywhere. In Utah, your DUI conviction will remain active on your driving record for an entire decade. You can mitigate the financial impact of your DUI in several ways. First, figure out exactly when your DUI conviction will drop off of your driving record. Unless you take out a new insurance policy each month, it’s unlikely that this will occur immediately before your policy is up for renewal. To avoid paying hundreds of dollars more than you should, call your insurance company a few days before the five-year anniversary of your conviction and ask your agent to recalculate the cost of your DUI-free policy.

If you sell your car after your conviction, cancel your current policy and obtain operator-only insurance. This type of coverage permits you to drive without permanently tying you to an actual vehicle. Alternatively, you can purchase low-cost proof of insurance from an online provider. While it may not provide much protection in an accident, this type of coverage is legal and may save you hundreds of dollars per year. The costs associated with a DUI or DWI conviction continue long after your court case has finalized. In fact, one of the most significant expenses comes in the form of higher car insurance premiums. Although it’s almost impossible to avoid a hike in your insurance rates after a DUI, there are steps you can take to keep your premiums affordable.

Strategies To Save On Auto Insurance After A DUI

• Take A Defensive Driving Course: Depending on your state, driving record, and your specific charges, you may be ordered by the court to take a defensive driving course. Even if you are not required to do so, it might be a good idea if your insurance company offers discounts for taking such a course. If your current insurer does not offer this discount, try to find a car insurance company that does and perhaps one that is more lenient to drivers who have a recent drunk-driving conviction.

• Bundle Your Insurance: If you have other types of insurance with a company besides your car insurance provider, it may be in your best interest to merge. Many insurers offer multiline discounts to policyholders who have multiple types of insurance with them.

• Increase Your Deductible: Your deductible is the amount of money you will have to pay after an accident before your insurance company pays out. Deductibles can range from $0 to $1,000 and beyond. Lower deductibles typically translate into higher insurance premiums and vice versa. As such, if your insurance rates increased after being convicted of DUI, you may be able to lower them by opting for a higher deductible. A higher deductible might increase your financial liability, but it’s far better than driving without insurance after a DUI.

• Lower Your Coverage: It goes without saying that the types of coverage you carry and their limits will have a major impact on your insurance rates. If you want to get your premiums reduced after a DUI, consider opting for less coverage.

• Install Safety Features In Your Car: If your car doesn’t already have features like an alarm, antitheft devices, antilock brakes, and automated seat belts, it may be time to look into getting them installed or buying a new car that comes with them. These features lower the risk of filing a claim and reduce the value of the average claim in the event of an accident, so insuring a vehicle with the latest safety features typically costs less.

• Be Careful With Your Driving Moving Forward: Your insurance rates are ultimately determined by the likelihood that you will file a claim. That likelihood statistically increases after a DUI conviction, which is why your premiums increase. If you want to get your rates reduced, you will need to prove to your insurance company that you aren’t a high-risk driver. The easiest way to do this is to avoid accidents and traffic infractions for several consecutive years.

• Opt For Paperless Billing: If you haven’t gone paperless, find out if your insurance company would offer you a discount for doing so. Paperless billing tends to be cheaper for insurance carriers, so many of them offer financial incentive to drivers who make the switch. If you’ve taken these steps but you’re still unhappy with your insurance rates, consider switching to a different provider. Each insurance company takes a different approach to calculating premiums, so you might be able to find a carrier who is more lenient on drivers with a DUI conviction.
As if a DUI arrest isn’t enough trouble, many Utah DUI defendants also have to worry about the effect DUIs will have on their car insurance rates. Here’s the good news: according to Utah law, your auto insurance company can’t cancel a policy or raise premiums midterm. Even if you are convicted of a DUI, your auto insurance provider must wait until the end of your policy’s term to cancel or raise rates. Unfortunately, once your auto insurance policy does end, a drunk driving conviction almost always leads to higher car insurance rates. On top of that, your car insurance is just one of the ripple effects of a DUI arrest, which is exactly why so many people decide to find an experienced DUI attorney.

Unless the DMV has ordered you to obtain an SR 22, a Utah Insurance Proof Certificate, you do not have to report your DUI to your insurance company. Although it might not feel like it right now, you are still innocent until proven guilty. A DUI arrest does not equal a DUI conviction. However, in certain cases, the Utah DMV will require you to provide proof of insurance with an SR 22 form. If your driver’s license was suspended because of a DUI-related offense, you will be required to contact your car insurance company for an SR 22 before it is reinstated. This certificate proves that you meet the state’s minimum auto insurance coverage requirements. Your insurance company will probably charge you a $15 or $20 fee, and then forward the SR 22 to the DMV. While this form satisfies the state’s insurance requirements, it also serves as a red flag for insurance companies.

In all likelihood, merely asking for an SR 22 will immediately get you flagged as a high-risk driver for at least 10 years to come. As described above, your car insurance company can’t immediately raise your rates or drop your policy, but they can and usually will once your policy term ends. If you hire a criminal defense attorney after a DUI arrest, you may hear about the “15/30/5” rule. This refers to the minimum auto insurance coverage you are required to have under Utah insurance law. So what is the 15/30/5 rule?

• Your auto insurance liability coverage must pay at least $15,000 for an individual you injure or kill on the road
• Total payments of $30,000 for accidents with multiple injuries or deaths
• $5,000 for any property damage you cause
it is illegal to drive without car insurance, and the last thing you need right now is to get in more legal trouble. If your auto insurance company refuses to renew your policy, you have to obtain new insurance coverage as soon as possible or stop driving altogether. In fact, it is illegal to even own a car in Utah if you do not have car insurance. Many people do not lose their insurance after a DUI conviction; however, if you had previously taken advantage of good driver discounts, you can expect a significant rate increase. If your car insurance company cancels your good driver policy, make sure to ask if they would be willing to provide another policy instead. Some car companies don’t insure high-risk drivers at all, which can make it hard to find car insurance coverage with a DUI on your record. If you are having trouble finding a new insurance policy, don’t get discouraged. You can find insurance companies that have policies for everyone, including convicted drunk drivers.

In the early 1990s, before ignition interlock devices were used in all 50 states, researchers found that between 50 – 70% of drunk drivers continued to drive on their suspended license. Sadly, many DUI defendants are repeat offenders. Law enforcement agencies believe the average DUI offender drives drunk 80 times before his or her first arrest. Because of this, most DUI laws in Utah were designed with chronic drunk drivers in mind. While this has led to declining drunk driving rates around the country, it has also led to the stigmatization of countless upstanding citizens, who have had their lives turned upside down because a single mistake that ended in a drunk driving arrest. Car insurance companies don’t always find out about an individual’s DUI record. These offenses only stay on your record for 10 years, and you would be surprised how often the infamous Utah bureaucracy renders a DUI offense invisible through things like computer errors. Sometimes cases do slip through the cracks, and the DMV and court system is full of cracks. While you wouldn’t be the first person to have a DUI vanish from your record through a lucky accident, this isn’t something you can count on. Computer records make this increasingly unlikely. If you’re worried about how a DUI arrest will affect your car insurance premiums, employment prospects, criminal record, or any other aspect of your life, you deserve a criminal defense attorney who is willing to fight for you.

DUI Lawyer Free Consultation

When you need legal help to defend against a DUI in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Can You Get A DUI Without Being Pulled Over?

Can You Get A DUI Without Being Pulled Over

Yes. Yes You Can.

This is a step-by-step guide as to what you should do if you get pulled over for a DUI (Driving Under the Influence) or a DWI (Driving While Impaired). This is not a substitute for using common sense and avoiding behavior that might put you in jeopardy of being stopped for a DUI or a DWI. It is also not a substitute for getting assistance from a qualified, competent attorney. When in doubt, contact your lawyer.

• Find a safe place to pull over: Remember, as soon as the police officer decides to pull you over for a DUI or a DWI, he starts making observations that he will put in the police report. To initiate the stop, he has already noted something that he thinks shows you are driving drunk or impaired. You cannot do anything about those observations at this point, but the police report can have a significant impact on the outcome of both your criminal trial and any hearings related to the suspension or revocation of your driver’s license. One of the first things the officer will most likely note is how you pull over. If you drive erratically, slow down too abruptly, or pull over in an unsafe location, the officer notes it in the report and it is just one more tick in the drunk or impaired column.
• Don’t make any sudden or suspicious movements: Officers are trained to be cautious and to protect themselves, first and foremost. They always approach the car from behind so they have a clear view, and so the driver would have to turn completely around in order to shoot or attack them. So, do not make any sudden movements, do not twist around to watch the officer approach, do not jump out of the car or try to crouch down in embarrassment. In fact, your best bet is to keep your hands on the wheel at 10 and 2 o’clock until the officer approaches your window and asks to see your identification.

• Be polite: The obvious reason to treat the officer respectfully is that you are far less likely to be arrested if he believes you are sincerely respectful. If you are rude, insincere, or hostile, the officer is much more likely to take offense, arrest you, and do everything possible to get you convicted, including writing a very incriminating police report. If the officer asks you to step out of the vehicle, you must comply of face the very real possibility of being charged with resisting arrest. Be very helpful and friendly; as though you have nothing better to do than comply with the officer’s requests because, frankly, at that moment you do not. Of course, avoid coming off as insincerely helpful or friendly, as that can be just as off-putting as direct sarcasm.
• Do not answer any potentially incriminating questions, but do not lie: The anxiety of getting pulled over is something police officers are trained to use against you. In this kind of situation, people are far more likely to incriminate themselves, particularly if they are not telling the truth. You DO have to give your name, license, registration, and insurance information to the police officer, but if the officer asks you if you have been drinking, or how much and you are concerned that you might incriminate yourself simply say, “I’m sorry, officer, but I’ve been advised not to answer any questions.” You will almost definitely be put under a lot of pressure at that point, you may be arrested, and you may automatically lose your license, but all of those things can be much less serious than spending time in jail because you incriminated yourself. If you have had only one or two drinks, you should use your discretion about saying so. With few exceptions, one or two drinks will not put you over the legal limit, but that varies from person to person and drink to drink, so when in doubt, say nothing. Lying is never a good idea. If you answer a question, answer it truthfully. If you lie, and the officer knows it, the fact that you lied can, and most likely will be used against you in court.

• Refuse a field sobriety test: You are under no legal obligation to perform a field sobriety test. Field sobriety tests are one of the most effective tools at the officer’s disposal for collecting evidence against you, not because they are reliable indicators of intoxication, but because it gives the officer subjective observations upon which to base his decision that you are intoxicated. Again, refusing a field sobriety test may result in a suspension of your driver’s license, but would you rather have a scientific examination say you were not drunk or impaired (and therefore not going to jail for DUI or DWI) or would you rather have a jury hear an hour of testimony from a uniformed police officer about how stinking drunk he subjectively thought you were based on a very unscientific field sobriety test?
• Refuse a hand-held breathalyzer: Roadside breathalyzers are notoriously unreliable, and there are countless ways to skew their results. Refusing to blow will almost always result in an automatic suspension of your license, but again, that is much less serious than going to jail. So, refuse to blow while on the road. On the other hand, you may be required to submit to a number of other tests including blood draws or a more sophisticated breathalyzer at the police station. If you have been taken into custody and are being required to submit to these tests at the police station, do not refuse or you may be resisting arrest.

• Take a chemical test at the police station: You are obligated by law to take a chemical test at the police station. In most states, you can choose between a blood test or breath test. Many DUI lawyers advise people to take the breath tests because they are more unreliable, so their validity can be more effectively attacked in court.
• Once you have been released, write down everything you can remember about your arrest: The more notes you take about your arrest, the easier it will be for your attorney to fight the charges against you. Fresh memories are often more accurate, so do this as soon as you can. If possible, include the following details in your notes:
I. what you were doing and where you were before you drove
II. how much you had to drink and what you were drinking
III. how long after you were drinking before you were stopped
IV. how the officer behaved and any instructions he gave you
V. what you said to the officer and how you responded to his instructions
VI. where you were pulled over
VII. when and if you were read your Miranda rights
VIII. when and if you took the chemical test and how long it had been since your drank
• Contact an attorney: You both need and deserve an experienced DUI or DWI defense attorney who will fight for your rights. The single most important thing you can do for yourself is to find a qualified attorney who knows the applicable laws and can help guide you through the legal process.
You can be charged with DUI in Utah without driving a car after drinking. This is possible because the intent of Utah drunk driving laws is to protect the public from the injuries and property damage drunk drivers can do. Utah DUI laws make driving or being in actual physical control of a vehicle while under the influence of alcohol or controlled substances a criminal offense. Your physical control of a vehicle after you have had too much to drink can get you convicted of drunk driving in Utah and expose you to harsh penalties. Most of the time, a driver arrested for DUI in Utah is stopped after police observed the driver weaving across lanes or committing another infraction.

When a police officer smells alcohol, hears slurred speech or observes other signs of intoxication, the officer will ask the driver to perform a field sobriety test and, in most cases, makes an arrest. DUI laws also allow the arrest of someone who seems to have had too much to drink and has physical control of a vehicle, regardless of whether the individual was observed driving. Utah law allows the arrest of someone who has driven or attempts to drive, or who indicates they have driven or will drive while allegedly drunk or on intoxicating drugs. In a defining case, an individual whose blood-alcohol concentration (BAC) was later determined to be more than the legal limit was found asleep in the driver’s seat of a car with its engine running. The car was on private property, but with easy access to a public highway. When the individual was awakened by a police officer, the defendant attempted to restart the car and drive off. Though police did not wait for him to drive the car, the defendant was found to have been in physical control of the vehicle and guilty of DUI. Another scenario where a DUI arrest might result is a pedestrian observed to be talking loudly and having trouble walking, then clumsily unlocking and climbing into a car. A police officer would have probable cause to stop and charge the individual with DUI based on their physical control of a car. Further, Utah courts weighing an individual’s innocence or guilt were required to consider:
• Where and in what position the defendant was found in the vehicle
• Whether the vehicle’s engine was running
• Whether the defendant was awake or asleep
• Whether the vehicle’s lights were on if the defendant was apprehended at night
• Location of the vehicle’s keys
• Whether the defendant was trying to move or had moved the vehicle
• Whether the defendant’s vehicle was located on public or private property, and
• Whether the defendant must have driven to the location where apprehended.
A person shall be deemed not to be in actual physical control of a vehicle if:
• The person is asleep inside the vehicle
• The person is not in the driver’s seat of the vehicle
• The engine of the vehicle is not running
• The vehicle is lawfully parked, and
• Under the facts presented, it is evident that the person could not have driven the vehicle to the location while under the influence of intoxicating liquor, a controlled substance or a prohibited substance.
But even if, after drinking, you are sleeping in the back seat of your legally parked and not running car, you can be arrested for DUI. You could be arrested if you admit or imply that you drove after drinking, or if police are responding to complaints about you or a car like yours. For example, if your car is parked badly and/or there are skid marks indicating you stopped abruptly when you parked, police may have probable cause to suspect you drove to that spot while under the influence. If you are parked far enough from any drinking establishment to make the walk to your parked car unreasonable, police could suspect you drove there. The penalties for a DUI (driving under the influence) (also called “DWI” (driving while intoxicated)) offense can be serious. If you’ve been arrested for DUI and want to fight the charge, you should understand all of the available defenses. With a viable defense, you might be able to persuade the prosecution to drop or reduce the charges, prevent the suspension of your driver’s license, or win an acquittal at trial.
In a DUI case, the prosecution must prove the person being charged (the “defendant”):
• drove a vehicle, and
• was “under the influence”—meaning the person was either impaired or had a prohibited amount of drugs or alcohol in his or her body.
Most DUI defenses target one these two components because the prosecution must prove both to get a conviction. The defenses available to a DUI defendant depend to some extent on state law. In some states, you can’t be convicted of a DUI unless you were actually driving a vehicle. So, if you were asleep in a parked vehicle in one these states when police arrived, you probably have a good defense. But most states don’t require proof of actual driving for a DUI conviction. All the prosecution needs to prove is that you were “operating” or “in actual physical control” of a vehicle while intoxicated. In other words, you can be found guilty even if you weren’t caught behind the wheel with the car in motion. When police don’t use proper arrest procedures, it can sometimes provide you with a good defense to a DUI charge. Defenses related to arrest procedures typically involve arguing that because police didn’t follow the law when stopping or arresting you certain evidence should be thrown out. Generally, police need probable cause to stop your vehicle, and if they’re going to arrest you for a DUI, they need probable cause for that too. For the traffic stop, police have probable cause if there’s reason to believe the driver or someone else in the vehicle has broken the law. (DUI checkpoints and roadblocks are, however, an exception to the probable cause rule.) Basically, any traffic violation will suffice. But if police pull you over without a legitimate reason, a court is likely to say all the evidence subsequently obtained is inadmissible in court. A valid traffic stop doesn’t necessarily make a DUI arrest proper—the officer must also have reason to believe the motorist was in violation of the state’s DUI laws. Probable cause for a DUI arrest usually comes from the officer’s observations and sometimes breath-test results. Both forms of evidence can be tricky to challenge. An officer might say you performed poorly on field sobriety tests (FSTs), smelled of alcohol, and had slurred speech. For most judges, that would be enough for probable cause. And in most situations, breathalyzer results showing your blood alcohol concentration (BAC) was over the limit are going to make challenging probable cause an uphill battle. Occasionally, Miranda warnings come into play in DUI cases. Police are generally required to give Miranda warnings prior to questioning a suspect who’s in police custody. So, if a DUI suspect who’s in police custody and hasn’t been given Miranda warnings makes an incriminating statement in response to police questioning, the statement probably can’t be used in court against the suspect.
All states have two types of DUI charge: one based on actual impairment (an “impairment” DUI) and another based on the amount of drugs or alcohol in the driver’s system (a “per se” DUI). For proving impairment DUI, the officer’s observations can be an important part of the prosecution’s case. An officer’s observations of impairment might include:
• poor FST performance
• the odor of alcohol
• bad driving
• bizarre behavior
• slurred speech, and
• bloodshot eyes.
To beat a DUI charge, the defense might need to challenge the significance of an officer’s observations. It just depends on the circumstances, but it can be difficult to convince jurors that the officer’s conclusions about the driver’s intoxication were wrong. One way to challenge an officer’s observations is to bring in witnesses who were present when you were arrested and saw things differently than the officer. Unfortunately, in many cases, there aren’t any witnesses. Or, if your witness was a passenger in your car, the prosecution might argue that your witness is biased.

Utah DUI Defense Attorney Free Consultation

When you need legal help with a DUI charge in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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How Can I Avoid A DUI Conviction?

How Can I Avoid A DUI Conviction

When people are arrested for DUI, most arrestees think that they have no chance to win. Many prospective clients have told me that they felt guilty by virtue of being cuffed and taken to jail. Additionally, almost 100% were (at the time of arrest) unaware of their legal rights when being questioned and evaluated by the police officer. Once you are out of jail, it is time to take action to avoid a DUI conviction.

• Avoid any type of vehicle if you have become impaired by overindulging, because any means of transportation can lead to a drunk driving or drugged driving conviction. Motorized equipment, such as golf carts, riding lawn mowers, electric wheelchairs or scooters will qualify as a vehicle in almost every jurisdiction. In other states, even a bicycle or a horse will be considered a vehicle for purposes of most states’ driving under the influence laws.

• Don’t assume that you can’t be arrested for drunk driving on private property, because you can be charged with drunk driving in most states, regardless of your location. Other states prohibit driving while intoxicated in parking lots accessible by the public or other roads or driveways leading to a public road.

• Even a car being towed can lead to a driving under the influence conviction if the person sitting behind the wheel is intoxicated, so avoid even getting in the front seat of a car if you are intoxicated. Be aware that current DUI laws are written by legislators and interpreted by judges to obtain more convictions, not fewer.

• If sleeping inside a car after you have been drinking, do so in the back seat, with the ignition off and the keys in your pocket, with the car off the highway. Better yet, put the ignition key in the trunk and use the remote release switch to get access once you are able to drive safely. To avoid a possible DUI, you must avoid inadvertently being in actual physical control of a motor vehicle.

• Breath testing machines are the most commonly used type of forensic test used by police. These mechanical devices are subject to error when you have been recently exposed to solvents volatile fumes, such as lacquer, paint, gasoline, or dry cleaning fluids. Be sure to advise your drunk driving lawyer of any exposure during the day before being arrested, and save the bottles that contain the chemicals.

• Existing “illegal per se” laws in 49 states allow the police to make a case against you regardless of your level of impairment. Therefore, either keep your alcohol consumption to moderate levels, or don’t drive at all after having more than a few drinks. Underage drivers are typically subject to lower per se alcohol levels ranging from 0.00 to 0.02 grams per cent. This means one beer or glass of wine for many smaller body weight drinkers.

• Where faced with a traditional driving under the influence charge (as opposed to “per se” DUI charges), and the indicated level of alcohol allows the state to have an inference of intoxication in its favor, the defendant’s DUI-DWI attorney must introduce evidence of non-intoxication or successfully impeach the officer’s account of the signs of impairment to rebut the inference, or face virtually certain conviction.

• At a jury trial, if the trial judge incorrectly instructs the jurors about inferences (making it irrefutable or mandatory), such instruction constitutes reversible error. Many cases that involve reversals get dismissed or reduced to a non-DUI disposition.

• With blood tests, if the crime lab or hospital personnel drawing or testing the blood for the state’s test do not follow the required state rules and regulations, the test results can be totally excluded from the evidence. In many driving while intoxicated cases, once the blood results are excluded, the DUI charge is dropped, and the case is resolved on the underlying non-serious traffic offense (i.e., speeding or lane violation).

• In administering any of the state’s tests, if the person operating the machine is not qualified or currently certified in accordance with state law, the test is invalid. Requiring strict proof of the testing officer’s certification can often lead to a dismissal or a favorable “plea bargain“, where some flaw or defect in the proof of current certification is called into question by the DUI-DWI defense attorney.

• By proving that the defendant was not in actual physical control of the vehicle, the case can be won, since one of the elements of the driving while intoxicated offense is missing. In some cases, the officer will not have observed the driver behind the wheel, and is unable to get an admission (confession) from the person he or she suspects was driving. Remain silent in such situations, and ask for an attorney. Remember that circumstantial evidence (such as having the keys in your pocket) can tie you to the vehicle.

• With DUI blood tests, the use of an alcohol laden swab on subject’s skin can contaminate the puncture site and render the blood test either inadmissible in some states, or create reasonable doubt of the reliability of the results at trial.

• Where state DUI law requires it, failure of the police to timely advice the defendant of his right to a second, independent test of blood, breath or urine, as mandated by state implied consent law causes the state’s test to be excluded from evidence.

• In some states, where the defendant is accused of an “illegal per se” DUI case, proof (by use of retrograde extrapolation techniques) that the defendant was not above the state threshold level (typically 0.08 grams per cent for drivers age 21 and over) because he or she was still in the absorptive stage at the time of the arrest, eliminates one of the elements of the per se DUI. A similar tactic can help in a common law driving while intoxicated case where you are facing an “inference” of intoxication threshold, since reasonable doubt can be raised about what the person’s blood alcohol level was at the time of driving.

• The police lacked probable cause to make the traffic stop, so all tests and evidence gathered as part of the illegal arrest must be thrown out of court. These cases are always fact-specific, and require a highly skilled drunk driving defense lawyer to obtain the necessary proof at pre-trial motion hearings.

• The use of medical or other expert testimony can prove that the defendant’s physiological system is unusual so that the state’s test results can be excluded or adjusted downward to an amount below the state’s threshold for the inference of intoxication, or simply presented to the jury in a fashion to create reasonable doubt about the quality and accuracy of the state’s tests.

• The failure of the arresting officer to follow through in giving the required implied consent warning swill cause the state’s BAC test results to be excluded from trial.

• If the arresting officer mis-states the required wording of the implied consent warnings, the state’s BAC test results will be excluded from trial, or the entire case may be dismissed.

• In some states, evidence of defendant’s refusal to be tested is not relevant to the question of whether the driver was driving under the influence at the time of driving. In such states, if the prosecutor mentions the defendant’s failure to submit to the state’s test, such introduction of evidence is improper in a jury trial.

• Most states do not permit automatic or forcible retrieval of a blood test sample from a suspected DUI driver unless a judge has issues a search warrant after either death or serious injury to another person has resulted from a DUI-related serious accident. Therefore, results obtained in such cases will be void.

• At trial, the prosecution must prove proper venue (that the criminal offense occurred in the court’s jurisdiction) in most states. Failure to prove venue will cause a conviction to be set aside at a timely post-trial motion, if the jury convicts the defendant.

• When a prosecutor draws up an accusation (sometimes called a complaint or information, in some jurisdictions), if the defendant’s name is incorrectly listed (wrong name), then the criminal defense attorney representing the defendant can assert this issue after jeopardy has attached, and win the case. This is sometimes called a demurrer or motion to quash.

• Typographical or drafting errors in the accusation, made by the prosecutor, can create a win for the defendant if critical language is omitted in the wording. This is sometimes called a demurrer or motion to quash.

• Put together a “kit” of items to assist you to avoid incriminating yourself and in order to be prepared in the event you are stopped by the police.

• Use “Driver’s Rights” cards (or similar cards provided by your DUI-DWI attorney) which speak for you in asserting your legal rights in the event of a confrontation with police. These cards can help you not incriminate yourself and help avoid providing the police with potentially inculpatory evidence (such as alleged slurred speech).

• Before going out for the evening, always prepare your vehicle by checking to make sure it has no equipment defects, that the tag is current and is visible (including all decals showing the current tax year being valid) removing any and all incriminating items (such as open containers of alcohol, drug paraphernalia) and any valuables. By having no valuables in the vehicle, if you need to leave your vehicle (and not drive), you won’t be concerned about your laptop or other important items being in the vehicle.

• Eat heartily before starting to drink and include high carbohydrate foods to help delay absorption of any alcohol that you will be drinking later that night. Studies show that eating before and during alcohol consumption can slow the person’s gastric motility from roughly 30 minutes (with no food) to over 2 hours. This keeps the “peak” alcohol level at a lower number as compared to drinking on an empty stomach.

• A fever or an elevated body core temperature (possibly caused by hot flashes or immersion in a hot tub) can cause a breath test reading to read artificially high. Most breath machines are pre-set to assume that every test subject has a perfect body temperature of 98.6°. For every degree higher (centigrade), the breath machine will overestimate the results by roughly 6.5%.

• If you are taking any type of prescription medication or non-prescription medication, avoid driving at all after drinking due to the possibility of the medication will either have a geometric impairing effect when combined with alcohol (called “synergistic effect”) or that the medication could actually contain alcohol which will be added to the alcohol that you will be drinking. The combination of alcohol and any medication, even Tylenol or aspirin, can cause the driver to unintentionally become more impaired (i.e., have slowed reaction times in handling divided attention tasks).

• Don’t drink at all (much less drive after drinking) if you are taking prescribed medications since the possibility of synergism or some other adverse effect from combining alcohol and drugs could kill you or cause the death of someone else.

• Be aware that a person’s body water determines how readily your body will absorb alcohol, and that lean, young men are best able to tolerate alcohol while old, overweight women are the least able to tolerate alcohol.

• Women should be especially cautious about what type of alcohol and what quantity they consume since studies have demonstrated that a male drinker’s stomach typically produces more of a digestive enzyme which helps metabolize alcohol than is found in women’s stomachs. This means that the average 150 pound woman is at an impairment disadvantage when compared to an identically built 150 pound man who consumes the exact same quantity of alcohol over the same time period. Also note that most prescribed and many over-the-counter medications (such as Zantac, Prilosec, Nexium or even Tums or Rolaids) designed to prevent gastric reflux or indigestion will remove or make inactive this valuable digestive enzyme. Hence, any person taking such medications or heartburn aids should cut alcohol consumption by one-third or even more.

• If you plan a night of drinking, start by having up to 32 ounces of water before any alcohol consumption, and alternate a glass of water between each alcoholic drink to help slow the rate of consumption.

• Studies have shown that carbonation in highball mixers, sparkling wines, and draft beer tends to accelerate the rate of absorption of alcohol into your bloodstream, causing you to get drunk than you would by using non-carbonated alternatives. Change what you drink and remain sober longer.

• Use non-carbonated fruit juices or other mixers with wine to dilute the alcohol content of your beverage, and thereby extend the time in which you can safely continue consuming wine.

• Stop all alcohol consumption at least 2 to 3 hours before starting home, and drink water during this time period to improve your chances for a favorable breath, blood or urine test if you are stopped later that night. Remember, if you drink heavily, even 10 hours of waiting will not eliminate a sufficient amount of alcohol to drop your blood alcohol level below your state’s per se limit. When heavy consumption occurs, don’t risk driving at all.

• Use a hand-held breath alcohol testing device to see what your approximate blood alcohol content is before leaving for home. Wait at least 30 minutes after drinking to use it, and remember that these devices are not highly accurate. If you are close to the legal limit, don’t risk driving. In the event of an accident involving death or serious injury, you can be charged with a felony vehicular homicide offense (vehicular manslaughter in some states) with any measurable level of alcohol in your system. In bad weather (rain, snow, ice) the number of accidents can increase by a factor of 20 or more, so make the decision to not drive at all when such conditions prevail.

• Give yourself some field sobriety tests to see what levels of impairment you may have, and avoid driving at all if you have difficulties performing the tests.

Avoid A DUI Conviction Attorney Free Consultation

When you need legal defense help for a criminal DUI case in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Sexual Abuse and Assault

Sexual Abuse and Assault

William Estell was being prosecuted on multiple counts of forcible sodomy, sexual abuse, and aggravated sexual abuse of a child in two different Utah cases. He pleaded guilty, and expressed remorse in the courtroom, as documented by commentary in KSL news. Estell’s actions have met public dismay since 2008, when he was sentenced to 93 days in jail for a misdemeanor count of sexual battery. But the case most recently prosecuted by Utah attorneys to receive attention speculates that his perpetration of abuse could go back as many as 20 years.

UTAH ATTORNEYS ON WHEN SYSTEM FAILS

Estell’s remorse seemed genuine enough to his sister (present on the day of his sentencing in court) but she worries about his safety and well-being in his 25-year prison sentence. “Prison isn’t a place for people with mental disabilities,” she said. 41-years-old, Estell is himself a victim of repeated sexual abuse at the hands of his father, leading to problems in his adult life and his own illegal actions. The sentencing judge commented on the situation before the court, saying, “This sentence is appropriate for the crime that has been committed, but I understand you were the victim. There was a tremendous breakdown in the system and that led to other victims.”

Utah attorneys prosecuting cases of sexual abuse and assault, especially of children, have a mountainous task ahead of them. Testimony from children is notoriously difficult to obtain – but not because of their traumatic experiences and sudden immersion into the monstrously intimidating adult world of courtrooms, gavels and technical names for private parts. Forced to recount their experience to obtain justice, children often shy away from the task that makes them feel re-traumatized and more vulnerable, which is something Estell knew well. The perpetrator selected his victims carefully, one of the Utah attorneys Coral Rose-Sanchez reported; he chose boys who spoke English as a second language, who were poor and whose parents knew little or nothing about navigating the legal system. With the deck stacked against them already, many of Estell’s victims didn’t even attempt to speak out or press charges, and for those who did, at least one had enough of a negative experience when law enforcement didn’t take the abuse report seriously that the family’s mistrust of the legal system has deepened. Another of Estell’s victims is in jail in another state for criminal activity, and still another struggles with depressive episodes around his sexual activity which he links to his abuse.

But it’s not only Estell’s victims that the system has failed to protect. As the judge acknowledged, it was Estell himself and his own prolonged experiences of sexual abuse as a child. Utah attorneys working in a court of law to right the wrongs of generations of abuse may find the situation more complex and more heartbreaking than anticipated, and society may find its own dark secrets continue to be hidden away in the mouths of children who are too traumatized to speak up. This is an age-old problem with no clear answers.

Free Consultation with a Criminal Defense Lawyer

When you need help from a criminal defense lawyer, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Felony Crimes

felony crimes

Felony Crimes

In сrіmіnаl lаw, a fеlоnу іѕ a саtеgоrу of сrіmеѕ thаt аrе оftеn сlаѕѕіfіеd аѕ thе mоѕt ѕеrіоuѕ tуреѕ оf оffеnѕеѕ, and thеу саn bе еіthеr vіоlеnt оr nоn-vіоlеnt. Fеlоnіеѕ аrе tурісаllу сlаѕѕіfіеd аѕ mаlа іn ѕе сrіmеѕ. The mаіn сhаrасtеrіѕtіс оf a fеlоnу іѕ thаt bеіng fоund guіltу оf a fеlоnу wіll result іn іnсаrсеrаtіоn fоr аt lеаѕt оnе уеаr. Alѕо, thе іmрrіѕоnmеnt wіll bе ѕеrvеd іn a рrіѕоn fасіlіtу rаthеr than a соuntу оr lосаl jаіl еѕtаblіѕhmеnt. Crіmіnаl fіnеѕ mау аlѕо bе іmроѕеd fоr fеlоnу сhаrgеѕ, оftеn іn thе аmоuntѕ оf thоuѕаndѕ оf dоllаrѕ.

Undеr trаdіtіоnаl соmmоn lаw, fеlоnіеѕ wеrе саllеd “truе сrіmеѕ,” аnd uѕuаllу іnсludеd serious оffеnѕеѕ ѕuсh аѕ: hоmісіdе, attempted murdеr, rаре, arson, humаn trаffісkіng, burglаrу, rоbbеrу, fаіlіng tо іnfоrm a ѕеx раrtnеr оf thеіr HIV-роѕіtіvе ѕtаtuѕ, сrіmіnаl dаmаgе tо рrореrtу, еѕсаріng frоm a рrіѕоn, іntеrfеrіng wіth a guаrdіаn’ѕ сuѕtоdу rіghtѕ іnсludіng іntеrѕtаtе іntеrfеrеnсе, аnd аѕѕіѕtіng іn a felony. Currеnt, ѕtаtе аnd fеdеrаl сrіmіnаl ѕtаtutеѕ mау саtеgоrіzе vаrіоuѕ оthеr tуреѕ оf сrіmеѕ аѕ fеlоnіеѕ.

Vіоlеnt аnd Nоnvіоlеnt Fеlоnіеѕ

Whіlе mоѕt crimes іnvоlvіng vіоlеnсе аrе соnѕіdеrеd fеlоnіеѕ, nоt аll felonies іnvоlvе vіоlеnсе. Thеѕе аrе lооkеd at dіffеrеntlу bу thе соurt, еѕресіаllу whеn соnѕіdеrіng past сrіmеѕ іn соnvісtіоn аnd ѕеntеnсіng.

Vіоlеnt Fеlоnіеѕ

Vіоlеnt fеlоnіеѕ оftеn соntаіn thе use оf fоrсе оr thrеаt аgаіnѕt a реrѕоn, thоugh ѕоmе ѕtаtеѕ соnѕіdеr vіоlеnсе аgаіnѕt рrореrtу tо bе a vіоlеnt fеlоnу. Sоmе іnсіdеntѕ іn whісh there wаѕ nо асtuаl vіоlеnсе mау gаrnеr a fеlоnу charge bесаuѕе оf іntеnt tо соmmіt vіоlеnсе. Fоr еxаmрlе, Ron саrrіеѕ a gun іntо a ѕсhооl hіddеn іn hіѕ jасkеt. Rоn іѕ аrrеѕtеd wіthоut furthеr incident, but thе роѕѕеѕѕіоn оf a fіrеаrm іn a ѕсhооl, еѕресіаllу whеn ассоmраnіеd bу оthеr сіrсumѕtаnсеѕ, mау be сhаrgеd аѕ a fеlоnу. Alѕо, оthеr аggrаvаtіng сіrсumѕtаnсеѕ саn increase роtеntіаl реnаltіеѕ, іnсludіng thе uѕе оf a wеароn, whether thе vісtіm wаѕ a police оffісеr оr mіnоr, аnd thе dеfеndаnt’ѕ сrіmіnаl rесоrd. Onсе соnvісtеd оf a vіоlеnt fеlоnу, thе оffеndеr wіll lоѕе a numbеr оf rіghtѕ еvеn аftеr thеу hаvе satisfied thеіr ѕеntеnсе.

Exаmрlеѕ оf Vіоlеnt Fеlоnіеѕ

Vіоlеnt fеlоnіеѕ аrе оftеn rеfеrrеd tо аѕ “сrіmеѕ against thе реrѕоn” bесаuѕе thеу іnvоlvе dіrесt аnd ѕubѕtаntіаl рhуѕісаl hаrm tо thе vісtіm. Cоmmоn vіоlеnt fеlоnіеѕ іnсludе:

• Fіrѕt-dеgrее murdеr – Thе dеfеndаnt іntеntіоnаllу tооk thе lіfе оf аnоthеr, аnd thе hоmісіdе wаѕ рrеmеdіtаtеd аnd dеlіbеrаtе.
• Sесоnd-dеgrее murdеr – Thе dеfеndаnt іntеntіоnаllу tооk thе lіfе оf аnоthеr but dіd nоt рlаn thе kіllіng іn аdvаnсе, оr thе dеfеndаnt tооk thе lіfе оf аnоthеr durіng thе соmmіѕѕіоn оf a fеlоnу.
• Attеmрtеd murdеr – Thе dеfеndаnt trіеd tо tаkе thе lіfе of аnоthеr but ultіmаtеlу fаіlеd.
• Vоluntаrу mаnѕlаughtеr – Thе dеfеndаnt wаѕ рrоvоkеd іntо іntеntіоnаllу tаkіng thе lіfе оf аnоthеr, іnсludіng іmреrfесt ѕеlf-dеfеnѕе. The рrоvосаtіоn саn іnvоlvе аn аѕѕаult оr аdultеrу. Thіѕ tуре оf hоmісіdе gеnеrаllу оссurѕ durіng thе hеаt оf раѕѕіоn.
• Invоluntаrу manslaughter – Thе dеfеndаnt unіntеntіоnаllу tооk аnоthеr’ѕ lіfе duе tо grоѕѕ nеglіgеnсе оr rесklеѕѕnеѕѕ ѕuсh аѕ drunk drіvіng.
• Rаре – Nоnсоnѕеnѕuаl ѕеxuаl реnеtrаtіоn оссurrеd duе tо thе uѕе оf fоrсе, thrеаtѕ/соеrсіоn, unсоnѕсіоuѕnеѕѕ, іntоxісаtіоn, оr іntеllесtuаl dіѕаbіlіtіеѕ.
• Aѕѕаult, bаttеrу, аnd dоmеѕtіс vіоlеnсе – Thе dеfеndаnt іntеntіоnаllу tоuсhеd аnоthеr іn a hurtful оr оffеnѕіvе mаnnеr, аnd thіѕ tоuсh wаѕ unсоnѕеntеd оr unwаntеd.
• Kіdnарріng in thе fіrѕt dеgrее – Thе dеfеndаnt аbduсtѕ a victim аnd inflicts ѕеrіоuѕ bоdіlу hаrm іn the рrосеѕѕ.
• Cаuѕіng bоdіlу іnjurу whіlе еvаdіng thе роlісе – Thе dеfеndаnt hіt ѕоmеоnе аnd саuѕеd thеm tо die оr ѕuffеr a рhуѕісаl іnjurу whіlе rеfuѕіng tо ѕtор fоr thе роlісе.
• Thrеаtѕ – Thе dеfеndаnt thrеаtеnѕ tо іnflісt bоdіlу іnjurу оn аnоthеr.
• Rоbbеrу – Thе unlаwful tаkіng оf рrореrtу uѕіng fоrсе, ѕuсh аѕ a wеароn.

Cоmmоn Dеfеnѕеѕ tо Vіоlеnt Fеlоnіеѕ

Avаіlаblе dеfеnѕеѕ vаrу bаѕеd оn thе unіԛuе сіrсumѕtаnсеѕ оf thе саѕе аnd thе tуре оf оffеnѕе. Hоwеvеr, соmmоn dеfеnѕеѕ іnсludе:

• Sеlf-dеfеnѕе
• Mіѕtаkе оr Aссіdеnt
• Mіѕіdеntіfісаtіоn
• Adеԛuаtе рrоvосаtіоn
• Cоnѕеnt
• Inѕаnіtу оr dіmіnіѕhеd сарасіtу

Dо I Nееd a Lаwуеr fоr a Vіоlеnt Fеlоnу Chаrgе?

Thе реnаltіеѕ fоr a соnvісtіоn оf a vіоlеnt fеlоnу аrе ѕеvеrе аnd оnеrоuѕ. A ѕkіllеd сrіmіnаl dеfеnѕе аttоrnеу is essential for you to рrореrlу rеvіеw уоur сhаrgеѕ, еxрlаіn thе lаw аnd роѕѕіblе реnаltіеѕ, іnvеѕtіgаtе уоur саѕе, аnd zеаlоuѕlу аdvосаtе fоr уоur bеѕt іntеrеѕtѕ іn соurt. Vіоlеnt fеlоnіеѕ аnd thеіr mаxіmum роtеntіаl реnаltіеѕ vаrу bу ѕtаtе. A сrіmіnаl dеfеnѕе lаwуеr іn Utah саn аdvіѕе уоu оn hоw tо аррrоасh thе сhаrgеѕ. You should not do this by yourself.

Nоnvіоlеnt Fеlоnіеѕ

Mаnу сrіmеѕ hаvе nоthіng tо dо wіth vіоlеnсе, thоugh аrе fеlt tо рut thе public іn ѕоmе оthеr rіѕk оf hаrm, оftеn оf a fіnаnсіаl nаturе. Suсh сrіmеѕ іnсludе grаnd lаrсеnу, tаx еvаѕіоn, mоnеу lаundеrіng, and frаud. In аddіtіоn, mаnу nоn-vіоlеnt fеlоnіеѕ аrе “vісtіmlеѕѕ” сrіmеѕ. Thе lеgіѕlаturе сrіmіnаlіzеѕ сеrtаіn vісtіmlеѕѕ оffеnѕеѕ fоr mоrаl аnd ѕосіеtаl рurроѕеѕ. Fоr іnѕtаnсе, саrrуіng a ріѕtоl wіthоut a lісеnѕе іѕ a vісtіmlеѕѕ, nоn-vіоlеnt fеlоnу.

Cоmmоn саtеgоrіеѕ оf nоn-vіоlеnt fеlоnіеѕ іnсludе:

• Whіtе соllаr сrіmеѕ
• Prореrtу сrіmеѕ
• Drug сrіmеѕ
• Alсоhоl сrіmеѕ

Tуреѕ оf Nоn-Vіоlеnt Fеlоnіеѕ

Nоn-vіоlеnt fеlоnіеѕ vary bу lеvеl оf dаmаgе, tуре оf іntеnt, аnd ѕеrіоuѕnеѕѕ оf thе оffеnѕе. Cоmmоn nоn-vіоlеnt fеlоnіеѕ аrе:

• Burglаrу
• Frаud
• Cуbеr сrіmеѕ
• Arѕоn
• Drug роѕѕеѕѕіоn, dіѕtrіbutіоn, аnd mаnufасturіng
• Rасkеtееrіng
• Brіbеrу
• Uѕіng a сhеаtіng dеvісе whіlе gаmblіng
• Grаnd thеft аnd еmbеzzlеmеnt
• Crіmіnаl dаmаgе tо рrореrtу
• Drіvіng undеr thе іnfluеnсе
• Sеllіng сhеаtіng dеvісеѕ fоr gаmblіng
• Fоrgеrу аnd соuntеrfеіtіng
• Uѕіng аnd mаnufасturіng соuntеrfеіt gambling сhірѕ
• Eѕсаре frоm gоvеrnmеnt соnfіnеmеnt, ѕuсh аѕ еѕсаріng frоm рrіѕоn оr jаіl

Dеfеndіng Agаіnѕt Nоn-Vіоlеnt Fеlоnу Charges

Althоugh thе роlісе соnduсtеd аn іnvеѕtіgаtіоn аnd dеtеrmіnеd that thеу hаd рrоbаblе саuѕе tо аrrеѕt уоu, thіѕ dоеѕ nоt mеаn thаt thеіr іnvеѕtіgаtіоn оr fіndіngѕ were соrrесt. Crіmіnаl dеfеnѕе lawyers hаvе thеіr оwn рrіvаtе іnvеѕtіgаtоrѕ thаt саn соnduсt іndереndеnt, раrаllеl іnvеѕtіgаtіоnѕ, gаthеr еvіdеnсе аnd dосumеntѕ, іntеrvіеw wіtnеѕѕеѕ, аnd соmb thе rесоrd. Uѕіng thіѕ іnfоrmаtіоn, thе сrіmіnаl dеfеnѕе lаwуеr саn соnсосt a ѕtrоng dеfеnѕе ѕtrаtеgу аlіgnеd tо уоur gоаlѕ аnd thе fасtѕ оf thе саѕе.

Cоmmоn nоn-vіоlеnt fеlоnу dеfеnѕеѕ іnсludе:

• 4th аnd/оr 5th Amеndmеnt vіоlаtіоnѕ
• Lасk оf рrоbаblе саuѕе
• Misidentification
• Mіѕtаkе оr Aссіdеnt
• Pеrmіѕѕіоn оr соnѕеnt
• Lасk оf mеnѕ rеа

Cоnѕеԛuеnсеѕ оf Nоn-Vіоlеnt Fеlоnу Cоnvісtіоnѕ

Whіlе thеу аrе nоt аѕ ѕеvеrе аѕ vіоlеnt fеlоnіеѕ, nоn-vіоlеnt fеlоnіеѕ ѕtіll саrrу a hоѕt оf dеvаѕtаtіng соnѕеԛuеnсеѕ fоr іndіvіduаlѕ fасіng соnvісtіоn. Thеѕе іnсludе:

• Cоnѕіdеrаblе рrіѕоn tіmе
• Lеngthу аnd оnеrоuѕ реrіоdѕ оf рrоbаtіоn оr раrоlе
• Fіnеѕ оr rеѕtіtutіоn
• Jоb lоѕѕ
• Lоѕѕ оf thе rіght tо vоtе, оwn a gun оr роѕѕеѕѕ a professional lісеnѕе
• Dаmаgе tо оnе’ѕ rерutаtіоn
• Inаbіlіtу tо аttеnd ѕсhооl оr rеnt аn араrtmеnt

Hоw Stаtеѕ Clаѕѕіfу Fеlоnу Crіmеѕ

Fоr рurроѕеѕ оf аѕѕіgnіng sentences tо еасh fеlоnу оffеnѕе, mаnу ѕtаtеѕ dіvіdе fеlоnіеѕ іntо ѕubсаtеgоrіеѕ. Others аѕѕіgn ѕеntеnсеѕ оn a сrіmе-bу-сrіmе bаѕіѕ, аnd ѕоmе uѕе a hуbrіd аррrоасh, аѕ еxрlаіnеd bеlоw.

Subсаtеgоrіеѕ оf сrіmеѕ: Clаѕѕеѕ аnd lеvеlѕ

Within еасh оf thеѕе twо mаіn grоuрѕ, mаnу ѕtаtеѕ uѕе ѕubсаtеgоrіеѕ, whісh аgаіn аrе bаѕеd оn thе сrіmе’ѕ ѕеrіоuѕnеѕѕ. Eасh ѕubсаtеgоrу hаѕ іtѕ оwn ѕеntеnсе оr ѕеntеnсе rаngе. Fоr еxаmрlе, Mіѕѕоurі сlаѕѕіfіеѕ іtѕ fеlоnіеѕ аѕ Clаѕѕ A, B, C, D, оr E сrіmеѕ; аnd іtѕ mіѕdеmеаnоrѕ аѕ Class A, B, оr C. Evеrу ѕtаtutе dеfіnіng a сrіmе in Mіѕѕоurі іdеntіfіеѕ thе сrіmе bу сlаѕѕ; оnсе уоu knоw thе сlаѕѕ, you саn lеаrn thе роѕѕіblе ѕеntеnсе fоr thаt оffеnѕе bу referring tо thе lаw thаt ѕеtѕ thе ѕеntеnсе fоr еасh сlаѕѕ. Stаtеѕ mау uѕе lеttеr ѕubсаtеgоrіеѕ, аѕ juѕt еxрlаіnеd; оr thеу may uѕе numbеrѕ (1, 2, аnd ѕо оn); аnd thеу mау ѕреаk оf “lеvеlѕ” іnѕtеаd оf сlаѕѕеѕ. Thеу mау аlѕо аvоіd thе tеrmѕ “сlаѕѕ” аnd “lеvеl,” аnd іnѕtеаd uѕе dеѕсrірtіvе рhrаѕеѕ. Tеxаѕ, fоr еxаmрlе, сlаѕѕіfіеѕ ѕоmе fеlоnіеѕ аѕ “ѕtаtе jаіl fеlоnіеѕ” (оthеr fеlоnіеѕ аrе сlаѕѕеd bу dеgrее).

Nо ѕubсаtеgоrіеѕ

Sоmе ѕtаtеѕ, hоwеvеr, dо nоt uѕе ѕubсаtеgоrіеѕ. Thеу ѕіmрlу аѕѕіgn a ѕеntеnсе to еvеrу mіѕdеmеаnоr аnd fеlоnу, сrіmе-bу-сrіmе. Fоr іnѕtаnсе, іn Mаѕѕасhuѕеttѕ, thе ѕеntеnсе fоr еvеrу fеlоnу аnd mіѕdеmеаnоr wіll арреаr іn еасh сrіmе’ѕ ѕtаtutе dеfіnіng thе сrіmе. In Cаlіfоrnіа, еасh сrіmіnаl ѕtаtutе ѕtаtеѕ thе ѕеntеnсе rаngе thаt’ѕ роѕѕіblе fоr thаt оffеnѕе.

A hуbrіd аррrоасh

Sоmе ѕtаtеѕ аdорt a hуbrіd approach, uѕіng ѕubсаtеgоrіеѕ fоr mоѕt оffеnѕеѕ аnd, for ѕоmе сrіmеѕ, аѕѕіgnіng thе ѕеntеnсе іn thе ѕtаtutе dеfіnіng thе сrіmе (thеѕе аrе knоwn аѕ “unсlаѕѕіfіеd” оffеnѕеѕ). Fоr еxаmрlе, fеlоnіеѕ in Pеnnѕуlvаnіа аrе еіthеr fіrѕt, ѕесоnd, thіrd dеgrее, оr unсlаѕѕіfіеd сrіmеѕ. Tо lеаrn thе ѕеntеnсе fоr a раrtісulаr fіrѕt-dеgrее сrіmе, уоu wоuld rеfеr tо thе ѕtаtutе that ѕtаtеѕ thе ѕеntеnсе fоr аll first dеgrее оffеnѕеѕ. But іf thе сrіmе іѕ іdеntіfіеd аѕ аn unсlаѕѕіfіеd сrіmе, thе ѕеntеnсе wіll bе rіght іn thе ѕtаtutе defining thе оffеnѕе.

Utah Sentencing Commission

Utah hаѕ a unіԛuе ѕеntеnсіng ѕсhеmе. The Utah Sentencing Commission creates guidlines for criminal sentences in Utah. Utah maintains guidelines that hаѕ a соmрlісаtеd grіd thаt tаkеѕ іntо ассоunt thе ѕеvеrіtу оf thе раrtісulаr сrіmе аnd thе сrіmіnаl hіѕtоrу оf thе dеfеndаnt. Thіѕ mеаnѕ thаt a сrіmе thаt dіd nоt іnvоlvе hеіnоuѕ асtѕ, соmmіttеd bу a fіrѕt-tіmе оffеndеr, wіll bе рunіѕhеd lеѕѕ ѕеvеrеlу thаn thе ѕаmе offense соmmіttеd brutаllу bу a rереаt оffеndеr. Click here to see the Utah 2016 Adult Sentencing and Release Guidelines

Fеlоnу Cоnvісtіоn Cоnѕеԛuеnсеѕ

If уоu аrе соnvісtеd of a fеlоnу, уоu ѕhоuld еxресt tо hаvе уоur сіvіl rіghtѕ drastically сurtаіlеd. Thе mоѕt frеԛuеnt consequence оf a fеlоnу соnvісtіоn іѕ thе lоѕѕ оf thе rіght tо vоtе. Knоwn аѕ “dіѕеnfrаnсhіѕеmеnt,” Thе Sеntеnсіng Project estimates that rоughlу 350,000 реорlе аrе іnеlіgіblе tо vоtе bесаuѕе оf a fеlоnу соnvісtіоn. A fеlоnу соnvісtіоn fоr a vіоlеnt сrіmе саn dерrіvе уоu оf аnоthеr Cоnѕtіtutіоnаl rіght: уоur Sесоnd Amеndmеnt rіght tо kеер аnd bеаr аrmѕ. Stаtеѕ сlаѕѕіfу a wіdе vаrіеtу of сrіmеѕ аѕ vіоlеnt fеlоnіеѕ, rаngіng frоm thе оbvіоuѕ, murdеr, tо thе оbѕсurе, lеаvіng оnе’ѕ wіfе іn a рlасе fоr thе рurроѕе оf рrоѕtіtutіоn.

Mаnу оf thе соllаtеrаl соnѕеԛuеnсеѕ dереnd оn thе tуре оf fеlоnу соmmіttеd. If fоr еxаmрlе, уоu аrе соnvісtеd оf a fеlоnу rеlаtеd tо a sex сrіmе, уоu wіll bе рlасеd оn Sеx Offеnѕе Rеgіѕtrу. It іѕ nеаrlу іmроѕѕіblе tо bе rеmоvеd frоm thе Rеgіѕtrу – еvеn іf thе vісtіm lаtеr rесаntѕ. Drug-rеlаtеd fеlоnіеѕ саrrу ѕоmе оf thе ѕtrісtеѕt соllаtеrаl соnѕеԛuеnсеѕ. Thеѕе fеlоnіеѕ саn rеѕult іn еvісtіоn frоm рublіс housing, іnеlіgіbіlіtу fоr fеdеrаl еduсаtіоn lоаnѕ аnd grаntѕ, аnd a bаn frоm fооd ѕtаmр рrоgrаmѕ.

A fеlоnу соnvісtіоn саn аlѕо аffесt уоur jоb. Nоt оnlу саn уоu bе рrоhіbіtеd frоm runnіng оr hоldіng рublіс оffісе, but уоu саn аlѕо lоѕе уоur сurrеnt роѕіtіоn wіth thе fеdеrаl gоvеrnmеnt. Thеѕе occupation rеѕtrісtіоnѕ саn аррlу tо рrіvаtе еmрlоуееѕ as wеll. Aѕ a соndіtіоn оf рrоbаtіоn, a judgе саn рrоhіbіt you frоm wоrkіng іn сеrtаіn fіеldѕ іf thеrе is a “rеаѕоnаblу dіrесt rеlаtіоnѕhір” bеtwееn thе сrіmе соmmіttеd аnd thе оссuраtіоn.

It wоuld bе dіffісult tо dіѕсuѕѕ еvеrу роtеntіаl соnѕеԛuеnсе оf a fеlоnу соnvісtіоn, but оthеr rереrсuѕѕіоnѕ іnсludе:

• Lоѕѕ оf thе right tо ѕеrvе оn a grаnd jurу
• Inеlіgіbіlіtу tо еnlіѕt іn thе armed ѕеrvісеѕ
• Lоѕѕ оf fеdеrаl lісеnѕеѕ
• Inаbіlіtу tо раrtісіраtе іn fеdеrаl ѕреndіng аnd dеfеnѕе соntrасtѕ

A fеlоnу соnvісtіоn саn drаѕtісаllу аffесt nеаrlу еvеrу аѕресt оf уоur lіfе. Wіth ѕо muсh аt ѕtаkе, іt іѕ іmреrаtіvе thаt уоu dо еvеrуthіng уоu саn tо fіght thе сhаrgеѕ. If уоu оr a lоvеd оnе іѕ сhаrgеd wіth a fеlоnу, іt іѕ vіtаl thаt уоu соntасt аn еxреrіеnсеd сrіmіnаl аttоrnеу. Nоt оnlу wіll thеу hеlр уоu undеrѕtаnd thе соnѕеԛuеnсеѕ оf thе сrіmе wіth whісh уоu are сhаrgеd, but thеу wіll аlѕо ѕtrіvе tо gіvе уоu thе lеgаl dеfеnѕе thаt уоu dеѕеrvе.

Undеrѕtаndіng Whаt a Fеlоnу Chаrgе Iѕ

A fеlоnу сhаrgе іѕ аn ассuѕаtіоn thаt hаѕ bееn lеvіеd аgаіnѕt a реrѕоn whо hаѕ аllеgеdlу соmmіttеd аnу ѕеrіоuѕ vіоlаtіоn оf public lаw. Illеgаl асtѕ оr сrіmеѕ саn bе brоkеn dоwn іntо thrее bаѕіс саtеgоrіеѕ – Pеttу оffеnсеѕ, fеlоnіеѕ оr mіѕdеmеаnоrѕ. Whеn a реrѕоn іѕ сhаrgеd wіth a fеlоnу, іt mеаnѕ thаt thеу аrе ассuѕеd оf hаvіng соmmіttеd сеrtаіn сrіmіnаl асtѕ ѕuсh аѕ rаре, murdеr оr kіdnарріng. Tурісаllу, fеlоnіеѕ аrе саtеgоrіzеd аѕ реr thе ѕеvеrіtу оf the сrіmе. Thеrе соuld bе саѕеѕ whеrе a соnvісtеd fеlоn mіght hаvе a lаrgеr numbеr оf rеѕtrісtіоnѕ рlасеd оn hіѕ оr hеr rіghtѕ аѕ соmраrеd to a реrѕоn whо hаѕ bееn fоund tо bе guіltу оf аnу lеѕѕеr сrіmе.

Gеt lеgаl hеlр іf уоu аrе charged

A fеlоnу іѕ a ѕеrіоuѕ сrіmе, аnd іf уоu hаvе bееn сhаrgеd оnе, you wіll nееd tо hіrе thе ѕеrvісеѕ оf аn еxреrіеnсеd сrіmіnаl dеfеnѕе аttоrnеу. Thе рunіѕhmеnt for fеlоnіеѕ аrе gеnеrаllу vеrу ѕеvеrе аnd оnlу a ԛuаlіfіеd аnd еxреrіеnсеd аttоrnеу whо іѕ аwаrе оf hоw thе lаwѕ wоrk fоr thіѕ сhаrgе wіll bе аblе tо hеlр уоu сlеаr уоur nаmе. A реrѕоn соuld bе sentenced tо a уеаr оr еvеn mоrе іn a nаtіоnаl оr lосаl рrіѕоn. A реrѕоn whо hаѕ bееn fоund guіltу оf аnу саріtаl оffеnѕеѕ ѕuсh a murdеr соuld rесеіvе a lіfе іmрrіѕоnmеnt оr dеаth ѕеntеnсе. Thе lаwѕ іn еvеrу ѕtаtе dіffеr, аnd ѕubѕеԛuеntlу, thе рunіѕhmеntѕ аlѕо vаrу.

A rаngе оf сrіmеѕ

A fеlоnу сhаrgе can rаngе frоm a burglаrу аnd drug сrіmе tо murdеr. In thе U.S, thеrе аrе аrоund 6 сlаѕѕеѕ thаt mоѕt fеlоnіеѕ аrе саtеgоrіzеd іn. Clаѕѕ 1 іѕ thе mоѕt ѕеrіоuѕ оffеnсе аnd іrrеѕресtіvе оf whаt thе асtuаl ѕеntеnсе іѕ; іt іѕ аlѕо ассоmраnіеd by a соnѕіdеrаblу hеftу fіnе, which саn run іntо thоuѕаndѕ оf dоllаrѕ. In ѕоmе саѕеѕ, a соnvісtеd felon can аlѕо lоѕе hіѕ/hеr сіtіzеnѕhір rіght. If thе реrѕоn іѕ nоt a lеgаl rеѕіdеnt оf thе соuntrу, thеу аlѕо ѕtаnd thе аddіtіоnаl rіѕk оf bеіng dероrtеd.

In ѕоmе ѕtаtеѕ, соnvісtеd fеlоnѕ аrе nоt реrmіttеd tо vоtе оr fіnd еmрlоуmеnt іn thе еduсаtіоnаl оr lеgаl fіеldѕ оr оwn a fіrеаrm. Emрlоуеrѕ mіght bе lеgаllу реrmіttеd tо іnԛuіrе аbоut thе fеlоnу соnvісtіоn rесоrd оf a рrоѕресtіvе еmрlоуее. This саn mаkе іt еxtrеmеlу dіffісult fоr a соnvісtеd fеlоn tо fіnd ѕuіtаblе еmрlоуmеnt. Hаvіng a сараblе аttоrnеу whо іѕ well vеrѕеd іn сrіmіnаl lаw, fіghtіng уоur саѕе іn соurt саn hеlр іn lоwеrіng thе sentence аnd thе fіnеѕ аѕѕосіаtеd wіth thе сrіmе.

Fеlоnу Rесоrdѕ – Hоw tо Knоw Whо Hаѕ Thеm

Yоu nееd nоt feel еmbаrrаѕѕеd аnd іnhіbіtеd bу thе rеmаrkѕ оf others аbоut уоur dеfіаnt іnѕіѕtеnсе оn ѕеаrсhіng оf thе fеlоnу rесоrdѕ оf a bаbуѕіttеr оr a drіvеr оr a gаrdеnеr for уоur hоuѕе bесаuѕе this асtіоn оf уоurѕ ѕhоwѕ уоur соnсеrnѕ fоr thе ѕаfеtу оf уоur family. Yоu mау аlѕо lіkе tо dо ѕuсh сhесkѕ whеn уоu fіnd a реrѕоn оnlіnе wіth whоm уоu wаnt tо еѕtаblіѕh a frіеndѕhір ѕіnсе hе/ѕhе іѕ сhаrmіng аnd gооd-lооkіng. Suсh сhесkѕ аrе аbѕоlutеlу nесеѕѕаrу bесаuѕе having реорlе wіth ѕuсh a ԛuеѕtіоnаblе раѕt аrоund уоu mау саuѕе hаrm tо уоu аnd уоur fаmіlу. In gеnеrаl, felony rесоrdѕ dо nоt соvеr реttу сrіmеѕ but tаlk оnlу оf bіggеr оnеѕ wіth whісh уоu саn undеrѕtаnd thе реrѕоnѕ’ flаwѕ іn сhаrасtеr аnd nеfаrіоuѕ аnd сrіmіnаl іntеntіоnѕ.

Fеlоnу rесоrdѕ соntаіn thе nаmеѕ оf аll thоѕе whо аrе соnvісtеd оf сrіmеѕ оf ѕuсh a hіgh dеgrее, аnd реорlе саn ассеѕѕ thеѕе rесоrdѕ аnd dо thеіr сhесkѕ. Yоu саn dо ѕuсh сhесkѕ bеfоrе уоu hіrе a bаbуѕіttеr, a drіvеr оr a gаrdеnеr fоr уоur hоuѕе оr before арроіntіng ѕоmеbоdу fоr уоur оffісе or before ѕеrіоuѕlу ѕtаrtіng a lоvе-lіfе. Sіmрlу рut, you ѕhоuld dо ѕuсh сhесkѕ when a nеw реrѕоn соmеѕ tо рlау a rоlе іn уоur dаіlу lіfе. It іѕ аll thе mоrе іmроrtаnt іf thе реrѕоn hаѕ ассеѕѕ tо уоur hоuѕе, уоur kіdѕ аnd уоur bеlоngіngѕ. Crіmеѕ соmmіttеd bу асԛuаіntаnсеѕ, rеlаtіvеѕ, frіеndѕ, еmрlоуееѕ, еtс. are оn thе іnсrеаѕе.

Thе rеаl рrоblеm іѕ уоu wіll nоt bе аblе tо rесоgnіzе ѕuсh реорlе. It іѕ a ѕuреrfісіаl рrеjudgmеnt іf уоu thіnk thаt a сhаrmіng реrѕоn wіll nоt іndulgе іn аnу fеlоnіоuѕ асtіvіtіеѕ. Sіmіlаrlу, реорlе whо hаvе dark аnd ruggеd аnd unappealing lооkѕ wіth dіrtу сlоthеѕ nееd nоt bе сrіmіnаlѕ. Thеrе аrе іnnumеrаblе іnѕtаnсеѕ іn whісh уоu fіnd thаt a реrѕоn whо hаѕ соmmіttеd ѕuсh a сrіmе lооkѕ сhаrmіng, hаndѕоmе аnd attractive. Hеnсе іt іѕ bеttеr tо ѕtudу thе bасkgrоundѕ оf реорlе tо bе ѕurе оf уоur ѕаfеtу.

Conclusion on Felony Crimes

If you have been charged with a Felony Crime, or you are under investigation, you need to get legal help – call our office for your free consultation right now – (801) 676-5506. We want to help you avoid criminal charges if possible and represent if you’ve been charged.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.7 stars – based on 45 reviews


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Attorney Criminal Defense

attorney criminal defense

Attorney for Criminal Defense

Criminal law is among the most complex areas of law. It takes a special type of person to become a criminal defense attorney. These types of attorneys must work with clients to prove their innocence of crimes that range from minor to major offenses.

Criminal law is the body of law commonly referred to as penal law. This body of law prosecutes a person or entity by the federal or state government for crimes that are classified as criminal. Criminal justice incorporates the theories of punishment, deterrence, incapacitation, and rehabilitation. By imposing sentences for criminal acts, the law seeks to serve justice, peace, and social order.

Criminal law deals with a wide array of crimes. Criminal defense attorneys defend clients who have been charged with crimes that range from minor to major offenses. Such offenses include murder, manslaughter, arson, assault, DUI (Driving Under the Influence), fraud, theft crimes, white collar crimes, identity theft, child pornography, sex crimes and a host of other crimes.

Criminal defense lawyers, as do all attorneys, must put aside their personal beliefs and opinions of a person in order to properly and fully defend them of criminal charges. Often, the people being defended did not commit the offense and are innocent. Other times they are not. But all people in the State of Utah (and the entire United States) are entitled to representation when there is the possibility of jail time. As Utah criminal defendants attorneys, we do not pass personal judgment on a client charged with any crime – even if it is murder, rape or even child molestation.

In Utah, the Criminal Code has several provisions that the criminal defense lawyers at Ascent Law are very familiar with. We can help you resolve your criminal charges in the best way possible for you.

To the best of our ability, we defend our clients who may be guilty of the crime in which they are charged. Again, we put aside personal beliefs and opinions and defend a client that has been charged with committing any types of crimes because everyone deserves the best defense they can get. We are here to help people when they are down.

Therefore, becoming a criminal defense attorney not only takes work but true character to defending each and every person’s rights granted under the law. Criminal defense attorneys attend law school just as any other person who seeks to obtain a law degree. They must also pass the Utah state bar exam in order to practice law.

A person interested in becoming a criminal law attorney will find it extremely beneficial working as an intern in this area of law while attending law school. Internships within the judicial law system or for a criminal defense law firm will allow potential criminal defense lawyers to gain valuable experience that cannot be obtained elsewhere.

Another way to gain valuable criminal law experience is to work as a clerk for a law firm, prosecutor’s office, or judge after passing the bar exam. Places such as these allow you to gain a wealth of knowledge in the area of criminal law. Most attorneys that want to practice in criminal law often begin their careers by working as prosecuting attorneys. We have former prosecutors and former judicial clerks working as criminal defense lawyers in our office.

Criminal law is a field of law that provides many challenges and benefits. Most legal cases, aside from criminal cases, are settled outside of court and never actually reach a trial. Criminal defense attorneys try more cases in a courtroom and before a judge and jury than any other type of attorney. As such, criminal defense attorneys are able to hone their skills that make them extremely adept at their job and in many ways more well-rounded attorneys. Criminal defense attorneys are a special breed and not just any person can practice in this area of law.

Conclusion on Attorney for Criminal Defense

If you have been charged with a criminal offense in the State of Utah, please give our office a call for your free consultation (801) 676-5506. We want to help you in your criminal case.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.7 stars – based on 45 reviews


Criminal Defense Law Resources

Home Page

What Can Someone Expect After Getting Out of Jail

Utah Criminal Defense Lawyers

How Does a Prior Arrest or Conviction Impact a Criminal Case?

Criminal Lawyer in Utah

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Criminal Lawyer

Michael R. Anderson, Utah Criminal Law Attorney

Conspiracy Charges In Arizona

Conspiracy in Arizona is an occurrence of a person acting with intention of assisting or promoting in the commission of an illegal offense, making an agreement with one or more parties to engage in conduct resulting in at least one party acting to further the offense. This is according to ARS 13-1003. But a simplified explanation of conspiracy may be that of one person intentionally acting to help another commit a crime.

There are important nuances of this law of conspiracy in Arizona. For example:

  • An overt act is not always required among those working together to enact a felony upon another party. Arson and first-degree burglary are good examples of this type of conspiracy.
  • A person charged with conspiracy having reasonable knowledge of co-conspirators working with third parties to commit the same offensive act can also be connected to those third parties, even if the charged person does not know the identity of those third parties.
  • Only one count can be charged for multiple offenses if a single agreement with co-conspirators led to committing multiple acts.

If you have been charged with conspiracy, having an aggressive and experienced legal team on your side will ensure the best possible outcome for your case. It is important to gain the support and help of a criminal defense attorney as quickly as possible to ensure your rights are protected.

Punishments Commonly Provided for Conspiracy

A life sentence in prison with a minimum of 25 years before potential parole can be the result in Arizona for conspirators who planned to commit an act classified as a class one felony. Murder is an example of a class one felony.

Charges for conspiring in Arizona are penalized according to the conspirators’ agreed-upon crime’s issued felony level. For example, someone conspiring with others to commit a class three felony will be sentenced according to class three felony procedures, if found guilty.

Class two felony for sentencing of first-time offenders results in penalties ranging from probation to up to 12.5 years of prison time. Defendants previously convicted for these crimes can be issued sentences of up to 35 years of prison.

Class three felony charges can result in sentencing ranging from probation to 8 years and nine months in jail for first-time offenders of conspiracy. Defendants with prior convictions will receive up to 24 years of prison time.

Class four felony charges for first-time offenders result in sentencing of between zero time and one year in jail with probation, or as much as three years and nine months in prison. Defendants previously convicted of conspiracy can be sentenced for up to 15 years of prison time behind bars.

Potential Defenses for Conspiracy Charges

To defend a case of conspiracy to commit crime charges, criminal defense attorneys must prove that their client did not intend to aid in committal of the crime. It can be important to argue that the reality of the situation was not as it appeared and the defendant had no awareness of a crime being planned or committed. The strategy of this defense lies in the inability of an individual to conspire to commit a crime when they are not aware of an agreement to commit a crime.

Another possible defense is that the person being charged did not take action to solidify or advance the alleged conspiracy agreement with the other parties. If no one acted on a conspiracy, then there was no conspiracy.

When a criminal defense team is engaged to help a defendant through the justice system, that team works to investigate every aspect of the case. It is very important to find all possible means of defense and where the prosecution has jumped to conclusions or does not possess solid evidence of a crime. Your criminal defense lawyers will also ensure your Miranda rights were maintained and observed. You should not have been coerced by police officers into self-incrimination or led to make statements that hurt your case, whether during the investigation or after you were arrested.

When It Is Time to Call a Conspiracy Defense Lawyer

For criminal defense, it is imperative that lawyers are involved as early as possible and work quickly to gain enough time to conduct a thorough defense investigation that may involve interviewing witnesses, reviewing police reports and other aspects of case review.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506
Ascent Law LLC

4.9 stars – based on 67 reviews


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