Public Defenders are attorneys that are assigned to individuals who cannot afford to hire their own attorney. At the initial court hearing the judge will ask if you are going to hire your own attorney or apply for a public defender. The Court will then ask you about your financial status to see if you qualify for a court appointed-attorney. If you qualify for a public defender, then the court will let you know what attorney has been assigned to your case and how to contact them.
As a defendant, you have several rights, including:
You have the right to hire a private lawyer, but if you cannot afford one, the court will appoint a public defender. To qualify, you’ll need to provide financial information to show that you meet the eligibility requirements for a court-appointed attorney.
The initial appearance is typically your first court appearance. During this hearing, the judge will formally inform you of the charges, advise you of your rights. You may also discuss bail or conditions for release and if you going to hire your own attorney or would like to request a public defender.
Bail is a set amount of money you pay to be released from jail while awaiting trial. The amount and conditions are determined based on factors such as the severity of the charges, your criminal history, and whether you’re considered a flight risk or a danger to the community.
If you plead guilty, you waive your right to a trial, and the case moves directly to sentencing. In some cases, pleading guilty may be part of a plea agreement in which the prosecutor recommends a lighter sentence or reduced charges. However, the judge has the final say in sentencing.
Bail is a set amount of money you pay to be released from jail while awaiting trial. The amount and conditions are determined based on factors such as the severity of the charges, your criminal history, and whether you’re considered a flight risk or a danger to the community.
A plea bargain is an agreement between you and the prosecutor where you agree to plead guilty in exchange for reduced charges or a lighter sentence. You should discuss any plea offer with your attorney, who can help you understand the pros and cons and whether it’s in your best interest.
A preliminary hearing is held to determine if there is enough evidence to continue with the case. During this hearing, the prosecution presents evidence, and the judge decides if probable cause exists. You generally must attend, and your attorney will advise you on what to expect.
During a trial, both sides present their evidence and witnesses. You have the right to cross-examine witnesses and present your own defense. At the end, the judge or jury delivers a verdict. The length of a trial can vary greatly depending on the complexity of the case.
Sentencing occurs if you’re found guilty or you plead guilty. The judge considers various factors, such as the nature of the offense, your criminal history, and any mitigating or aggravating circumstances. Sentences may include fines, jail or prison time, probation, or participation in treatment programs.
Yes, if convicted, you have the right to appeal your case to a higher court, which will review it for legal errors. Appeals are time-sensitive, so you must file within the required period. Your attorney can explain the appeals process and help you decide if it’s a viable option.
Missing a court date can lead to serious consequences, including the issuance of a bench warrant for your arrest. Failing to appear may also affect your bail or lead to additional charges. If you know you can’t attend, contact your attorney or the court as soon as possible.
Probation is an alternative to jail time where you’re allowed to remain in the community under supervision. Typical conditions include regular check-ins with a probation officer, drug testing, employment requirements, and avoiding further legal trouble. Violating probation terms can result in additional penalties, including jail time.
Expungement is the process of clearing your criminal record. In Utah, you may be eligible for expungement if you meet certain criteria, including completing your sentence and not having any recent convictions. Expungement can help restore certain rights and improve employment prospects.
The length of a criminal case varies depending on the complexity of the case, the number of hearings, and whether the case goes to trial. Some cases are resolved in a few weeks or months, while others can take a year or longer.
Your attorney is your best resource for understanding your case. If you have a public defender, they are there to help you navigate the process, answer your questions, and make sure your rights are protected. You can also contact the court clerk for questions about your court dates and procedural information.
Not necessarily, the police only must-read Miranda rights to you under certain circumstances. Officers are required to read you your Miranda rights (often referred to as being "Mirandized") when two conditions are met:
If both of these conditions apply, officers must inform you of your Miranda rights, which include the right to remain silent and the right to an attorney. However, if either condition is not met — for example, if you are not in custody or if officers are just asking general questions without it being a formal interrogation — they may not be required to read you your Miranda rights.
Any statements made without a Miranda warning under those two conditions may be excluded as evidence in court.
In Utah you have a right to bail under the constitution. However, only the judge may grant you bail.
If you do get bail, then you typically will have to find a bail bondsman who will allow you to post a percentage of the bail. However, there are certain circumstances where the court will deny bail, and this will happen if the court finds you are a danger to yourself or the community or you are a flight risk.
Yes. Not everyone that is charged with a crime is arrested by the police. In many situations, a person may receive a summons in the mail.
Everything you say to your attorney is protected by the attorney client privilege, meaning the lawyer can’t tell anyone. It is very helpful for your lawyer to know all the facts of the case so they can help you.
This is all fact dependent on the case. If there is evidence that you committed a crime, it probably is in your best interest to work out a plea deal to reduce the overall penalties. However, if there is not sufficient evidence that you violated the law it may be in your best interest to fight the charges against you.
Yes, repeat offenders are generally punished more severely for crimes in Utah. Utah’s sentencing guidelines and laws consider the defendant’s criminal history when determining the appropriate sentence. The specific circumstances of each case, the nature of the crime, and the number of prior offenses can all impact the severity of the punishment for a repeat offender.
Yes, prosecutors can offer plea deals or plea bargains to defendants in criminal cases. A plea deal is an agreement between the prosecutor and the defendant in which the defendant agrees to plead guilty or no contest to a lesser charge or to a reduced sentence in exchange for a dismissal of other charges or a more lenient sentence. However, the prosecutor is not required to offer a plea deal and may not in certain circumstances.
It may be possible to avoid jail time for certain criminal offenses, 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. For some cases, the court may consider alternative sentences like probation, rehabilitation programs, or community service.
The short answer is no. A convicted felon cannot own firearm, but they also cannot possess any type of weapon of any kind. This includes bows and arrows, knives, swords or other dangerous weapons. (Utah Code 76-10-502)
The answer is no. Only the State of Utah can file charges against individuals for crimes as it represents the state and interest of its citizens. In addition, a victim in a case does not have the authority to have charges in a case dismissed. Only the prosecutor can make the decision to press charges or dismiss charges.
In most instances the judge will issue a bench warrant for your arrest and you will be held until you see the judge or post some type of bond. Call your attorney immediately if you miss your court date.
The best way to find out if you have a warrant is to contact your attorney or the court clerk. You can also check the Utah website for warrants within the state.