Question 1

Do criminal charges in Utah have more severe penalties for repeat offenders?

Accepted Answer

Yes, repeat offenders are generally punished more severely for crimes in Utah. The state recognizes the need to address recidivism and deter repeat criminal behavior. Consequently, judges often impose harsher sentences on individuals with prior criminal convictions.

Question 2

What does it cost to hire a Criminal Defense Attorney?

Accepted Answer

The cost to hire a criminal defense attorney in Utah can vary widely based on several factors, such as the attorney’s experience, the complexity of the case, the nature of the charges, and the geographic location. It’s essential to understand that legal fees can differ significantly from one attorney to another, even within the same firm. If you qualify for a public defender, based on your financial situation and the severity of your charges, one will be appointed by the court at your arraignment.

Question 3

What is the difference between a Felony and a Misdemeanor in Utah Criminal Law?

Accepted Answer

Misdemeanors:
Misdemeanors are divided into three classes: Class A, Class B, and Class C. The sentencing guidelines for each class are as follows:
1. Class A Misdemeanor: Punishable by up to 364 days in jail and/or a fine of up to $2,950.
2. Class B Misdemeanor: Punishable by up to 6 months in jail and/or a fine of up to $1,000.
3. Class C Misdemeanor: Punishable by up to 90 days in jail and/or a fine of up to $750.

Felonies:
Felonies are divided into three degrees: first-degree, second-degree, and third-degree. The sentencing guidelines for each degree are as follows:
1. First-Degree Felony: Punishable by a prison term of 5 years to life and/or a fine of up to $10,000. Some first-degree felonies, like aggravated murder, may carry the possibility of the death penalty or life without parole.
2. Second-Degree Felony: Punishable by a prison term of 1 to 15 years and/or a fine of up to $10,000.
3. Third-Degree Felony: Punishable by a prison term of 0 to 5 years and/or a fine of up to $5,000.
It’s important to note that these are general sentencing guidelines, and the actual sentence imposed can depend on various factors, such as the specific circumstances of the case, the defendant’s criminal history, and any aggravating or mitigating factors. Judges in Utah may use the Utah Sentencing Commission’s guidelines as a reference when determining an appropriate sentence.

Question 4

How can I avoid serving Jail time for Criminal Offenses in Utah?

Accepted Answer

It may be possible to avoid jail time for certain criminal offenses in Utah, depending on the specifics of your case, the nature of the offense, and your criminal history. There are alternative sentencing options that a judge may consider in lieu of jail time, especially for first-time offenders or those charged with less severe offenses. Some of these alternatives include:
1. Probation
2. Community Service
3. Fines and Restitution
4. Drug or Alcohol Treatment Programs
5. Deferred Adjudication or Pretrial Diversion
6. Electronic Home Monitoring

The availability of these alternatives depends on the specific circumstances of your case, the nature of the offense, and your criminal history.

Question 5

Will my Utah Criminal Hearing be in-person or virtual?

Accepted Answer

To determine whether your criminal hearing in Utah will be in-person or virtual, you should:
1. Check the website of the specific court where your case is being heard for information on their current hearing procedures and policies.
2. Look for any notices or correspondence from the court regarding the format of your hearing.
3. Contact your attorney or the court clerk for guidance on the format of your hearing.

Keep in mind that policies may change over time, so it is essential to stay up-to-date with the latest information regarding your case and the court’s procedures. If you have any concerns about attending your hearing in-person or virtually, discuss them with your attorney, who can provide guidance based on your specific situation.

Question 6

What are my rights if I am arrested in Utah?

Accepted Answer

If you are arrested in Utah, you have certain rights, including the right to remain silent, the right to an attorney, and the right to a fair and speedy trial. You also have the right to be informed of the charges against you and to be treated humanely while in custody.

CRIMINAL DEFENSE

PRACTICE AREAS

Shain Manuele

Tara Mosley

Utah

Nevada