Utah Criminal Defense Legal Questions

No, a person cannot be convicted with "no evidence." However, an arrest can be made with less than proof of guilt beyond a reasonable doubt. Without going through the police report, I have no way of knowing what evidence is available, let alone if there is "no evidence." Obviously, the prosecutor believes he has at least some proof. Your friend will need an attorney to represent him, even if it is a public defender.. The process has apparently begun just recently, and he will need help in getting through the whole process without causing himself problems.... Read More

There are a lot factors that will determine whether you go to jail. That is certainly a possibility, but not necessarily certain. You should have been in regular and frequent contact with your probation officer about your financial problems. If so, be sure to explain to the judge you circumstances, and he may be willing to close probation and reinstate it, so you can stay out of jail.... Read More

The prosecution only has a limited period of time in which to file charges after you are arrested. If they cannot do so because an investigation is still ongoing, they must release you and file after the investigation is complete. This is to make sure you do not spend too much time in jail (or released on bail) without the case proceeding forward.... Read More

A second degree felony in Utah has a penalty of anywhere from 1 to 15 years in prison. On a first offense with a minimal prior record, you will most likely get a plea agreement reducing the charge to a 3rd degree felony, with a potential of 0-5 years in prison. You will probably do no more than a few months, unless there is a minimum mandatory for some reason (usually for drug-free zone enhancements). You should be able to get away with just some jail time and rehab.plus fines.... Read More

It depends on the context. If you have an order from the court allowing service by mailing, a certificate of mailing may be adequate. When mailing copies to an attorney, the certificate of service is adequate. When the document is a complaint or some other document that has to be served, a certificate of mailing is not adequate.... Read More

The new co-counsel will have to work the current attorney to appear on the case. The request for discovery you are talking about is only used to obtain evidence that the prosecutor has but has not produced. Hopefully, your co-counsel will be willing to take steps to obtain the evidence you know about. I would definitely follow through and make sure that you get co-counsel to assist with your defense. If your current attorney does not want to work with the new attorney, you may be better off letting him go and following through with the new attorney, especially if he can get ready for the current trial date.... Read More

A Salt Lake City police officer did that recently and there is some debate about whether it was proper. The police department is arguing that this was an example of "exigent circumstances" and they did what was necessary to recover the child. Others, such as myself, would argue that the police had no probable cause to believe the child was in that particular house or yard. Ultimately, this is an issue that courts will need to clarify.... Read More

When you go to your first appearance in court, request a public defender. You can negotiate a plea agreement, and one of the possible resolutions is a plea in abeyance. Some prosecutors do not offer this for a theft charge, but your attorney can always ask. You need to be fingerprinted even though there is very little likelihood that you will ever do jail. Community service is a distinct possibility, and your attorney should ask the judge to allow at the time of sentencing. The arrest is on your BCI record, and even if the charge is dismissed or you are acquitted, you would need to expunge your record to get it removed.... Read More

It sounds like you are being asked to do what is called a "book and release." You go to the jail and they fingerprint you and process your information and then you are free to go. Many attorneys, including me, allow you make payments. Many, including me, also offer a free consultation. Contact one and ask about their terms. As for making payments to the court, generally you have one year to pay your fine. The judge will not be making a decision as to whether or not you can make a plea in abeyance. It will be a prosecutor making that decision. The prosecutor will make that decision based on a few factors, including the alleged facts of the crime. Without knowing more, it is impossible to say if you will be offered a plea in abeyance. If you do complete a plea in abeyance, it will be on your record, yes, but you may be eligible for expungement because it will show as a dismissal of the charge, which opens the possibility of expungement sooner.... Read More

California does not have classes of misdemeanors. California does have certain crimes that can be charged either as a misdemeanor or felony. These are usually called "wobbler" offenses. Domestic violence is not one of these. Domestic violence is a misdemeanor in California unless the victim is left in a "traumatic condition" in which case it is a felony. What qualifies as "trauma" is a subject of some debate, but suffice it say that a red mark or bruise, or any other injury is probably sufficient.... Read More