Criminal Law FAQs

A misdemeanor is a criminal charge that, if convicted, can lead to a maximum jail sentence of 364 days in the county jail. A felony is a more serious offense that can lead to 365 days or more in state prison.

A criminal defense lawyer advocates for you when you have criminal charges. If you are innocent, a lawyer will fight to get the case dismissed. Even when you believe you are guilty of the crime, a defense lawyer can do a lot to lessen the charges or negotiate a settlement that can have far less serious consequences for you.

First, there is an investigation for a criminal offense. More complex cases may take days or even months for law enforcement to build a case against you. This is common for cases where the incident was not reported immediately. For other cases where police arrived as soon as they were called, you may be arrested at the scene; this is common with DUIs.

When you are arrested you are taken to the police station and/or jail to be processed and taken into custody. Keep in mind that "arrest" is a general term and can either mean being handcuffed or simply given a citation (however, this term is not used for simple traffic citations). If given a citation, you have to call the court clerk to set up a court date.

If taken to jail, you must wait till you see the judge. This could take anywhere from 1 day to approximately 9 days. If you are given bail, you can pay the amount and wait till your first court hearing.

If you are charged with a felony, your first hearing is an Initial Appearance. This is when the charges are officially read to you. A second hearing is scheduled typically called a waiver hearing or scheduling conference. This next hearing is when you decide on next steps to take. For example, it would be when you inform the judge that you will be seeking an attorney or it could be when you schedule a Preliminary Hearing.

If you schedule a Preliminary Hearing, this is significant hearing where the State must establish Probable Cause. This means there needs to be enough evidence to convince a judge that there is a reasonable basis to continue with criminal proceedings.

After a Preliminary Hearing, then next hearing is an Arraignment. This is when you formally plead "not guilty" or "guilty." Typically, if you are contesting the charges, you plead not guilty so that you can move on to the next hearings.

The next few hearings will be Pretrial Conferences which very likely could be more than one. These hearings are opportunities to settle your case without the need for a trial. This is when your attorney attempts to secure a deal, also known as a plea bargain.

If a settlement is reached you plead guilty to the charges and move on to Sentencing. At this hearing, the judge will determine the punishment/consequences of being convicted of your criminal offense.

If there is no settlement reached, you will move on to a trial where the State will have to prove that you are guilty. This is where evidence is presented in the form of witness testimony and exhibits.

As you have seen in the movies, you have the right to remain silent. If an investigator questions you, you can say that you would like to speak to an attorney. Often, many of our clients receive phone calls from an investigator. They may leave you a voicemail asking you to call them back. You can politely decline to speak with them or even not return their call. At this point, we recommend to contact an attorney. The attorney can call this investigator for you. We have a separate fee for when you are just in the investigation phase of a case and have not yet been charged.

If you miss a court date, this is called a Failure to Appear. The judge will issue a bench warrant which means that any officer can arrest you if you are found. If you have good reason for missing court, generally you or your attorney can lift the warrant by filing a motion or in some cases, calling the court clerk to set up a new date.

There are many factors considered for determining bail. If the criminal charge is a First or Second Degree Felony, generally there will be no bail when the case initially starts. This is especially true if the criminal offense involves violence. Once you see the judge, which may be a few days later, the judge may set bail if he/she determines that it is appropriate. Factors that you or your attorney need to present are the following:

1. The victim nor the community are at risk of danger;
2. You do not pose as a flight risk because you have been a long-time resident of the state, you have ties to the community such as family, friends, or a steady job;
3. You do not pose a threat of reoffending

A plea bargain (also called a plea deal) is an agreement between you and the prosecutor to resolve your case without going to trial. In exchange for pleading guilty—often to a reduced charge or with an agreed-upon sentence—the case is concluded without the uncertainty of a trial.
Although movies often portray plea deals negatively, they can be a practical and strategic option in many cases.
You may want to consider a plea deal if:
The prosecution has strong evidence and a conviction at trial is likely.
You want to avoid the more severe penalties associated with the original charges.
You have the opportunity to reduce the charges or limit potential punishment.
You prefer certainty over the risk of a harsher outcome at trial.
You want to avoid the financial cost, stress, and time commitment of going to trial.
Every case is different. Whether a plea agreement makes sense depends on the specific facts, the strength of the evidence, and your personal circumstances.

Jail and prison serve different purposes within the criminal justice system.
Jail is typically used to:
Hold individuals who are awaiting trial or whose cases have not yet been resolved.
House individuals who have been sentenced to less than 365 days (usually for misdemeanor offenses).
Prison, on the other hand, is used to:
Incarcerate individuals who have been sentenced to 365 days or more (typically for felony convictions).
In short, jail is generally for shorter-term confinement or pretrial detention, while prison is for longer-term sentences.

While most people hope for a dismissal, a plea agreement is often a practical compromise. The key question is what outcome matters most to you.
If your priority is avoiding jail, you may consider accepting a deal that guarantees no incarceration.
If your concern is protecting your job, you may seek a reduction to a less serious charge. For example, if a felony conviction would result in automatic termination, negotiating a misdemeanor may be the better option.
If your goal is avoiding a criminal record, you may pursue a plea in abeyance, which can allow a case to be dismissed after certain conditions are met. (These are typically not available in felony cases or DUI charges.)
Every case involves trade-offs. The appropriate strategy depends on the charges, the evidence, and what outcome best protects your future.

The only other practice area we handle is personal injury.

All the attorneys in our firm have 15 or more years of practice. Combined, our firm has 50 years of experience.

Whether it's Salt Lake City, Provo, or Ogden, we are in a court somewhere in Utah. That means we are familiar with all of the judges and prosecutors. A good rapport with a prosecutor can make all the difference in securing a deal.

We have extensive experience in every type of criminal case. However, we have a significant advantage over other attorneys in regards to sex crimes (sexual assault, exploitation, solicitation) because of the number of cases we have handled.

This is always a difficult decision. The key is to know how substantial the evidence is against you. If there is little hope in beating the charges, then it is not recommended to go to trial. You must also consider the plea deal that has been offered to you. If it aligns with your goals (like avoiding prison) then you may want to take the deal even if you are innocent. Trials are very unpredictable so it is very possible that you may still be convicted even if you are innocent.

We always take a case as if we are going to trial. Even though 95% of our cases do not go to trial, it is in the preparation for trial that allows to negotiate more effectively. If the prosecutor sees that we know the case inside and out, they are more apt to offer a better deal.

A success rate must be defined to properly answer this question. While of course a dismissal or an acquittal at trial is considered a success, most cases do not resolve in this way. Typically, a case is resolved a