Southern Utah Criminal Defense

March 15, 2018/in Criminal, Home, Law Guide, Other Areas of Law /by mcmullin

Southern Utah Criminal Defense

In this Southern Utah criminal defense article, we will discuss the definitions of different types of crimes, how they are prosecuted, and more.

Definition: (mostly with lawyers) the act of defending individuals and companies who have been charged with criminal acts. Prosecutors attempt to prove the defendant guilty by using evidence in a trial in accordance with Southern Utah criminal defense practices, sometimes taking place in court.

Common Problems with Defense Cases: Let’s first establish what must happen in order for a person to be charged in a trial: a Southern Utah criminal defense prosecutor has to “prove (the defendant’s) guilt beyond a reasonable doubt” (Nolo, Defenses to Criminal Charges). The person being convicted can defend their case, usually by hiring a criminal defense lawyer. Some of the most common problems with defense cases are:

I didn’t do it: there are many cases where the defendant simply says they did not do what the Southern Utah criminal defense prosecutor claims they did. “All people accused of a crime are legally presumed to be innocent until the point of conviction” (Nolo, Defenses to Criminal Charges). Because of this, the defendant is innocent until theSouthern Utah criminal defense prosecutor can find enough evidence to prove them guilty beyond a reasonable doubt.

Alibi: The defendant may have a convincing alibi. An alibi is a claim the defendant was somewhere else other than the scene of the crime when it happened.

Self-defense is claimed by defendants who are charged with violent crimes. The defendant may claim that his/her reasoning for committing the crime was in self-defense, as per Southern Utah criminal defense regulations.

Insanity Defense is a claim that the defendant was unaware of what they have done was wrong. This can result still in being the defendant being convicted, but because of the insanity defense claim, the charge may be lesser than normal.

Under the Influence is a claim that defendants use in cases where they may have been intoxicated. Whether or not they were, they can argue that they could not make proper decisions because of the alcohol, and therefore should not be charged. This argument only holds weight for certain types of crimes.

Types of Crimes: There are many different types of cases for Southern Utah criminal defense lawyers to defend:

Domestic Violence crimes are usually violent crimes where one or more persons are injured or killed by a relative. According to the National Coalition of Domestic Violence, there are more than one million women that are victims of domestic violence (Mukherj, FindLaw).

Homicide is when someone kills another person, whether the killer intended to take the life of the other person or not. Homicide, as bad as it sounds, it not always considered a crime. Many cases consist of a homicide killing, but the killing was strictly in self-defense. Also, those executed on death row in a state-sanctioned facility fit into this category of homicidal, but not illegal. First-degree murder is a charge given to those who are found guilty of a planned, premeditated killing. Second-degree murder is a charge given to someone who had the intent to kill someone, but the killing was not premeditated. Voluntary manslaughter is a charge given to someone who did not plan to kill anyone but in the “heat of the moment”, decided to kill someone (FindLaw, Homicide). Involuntary manslaughter is a charge given to someone who unintentionally killed a person, such as a driver who was killed by a texting driver. All of these definitions and delineations apply to Southern Utah criminal defense.

Sex crimes usually consist of an individual who illegally performs or coerces sexual conduct with another person. Rape and assault are some of the most common crimes. Criminals convicted of a sex crime are considered a “sex offender”.

Drug possession is a criminal act if the drugs are illegally in possession of who was caught. Some Southern Utah criminal defense attorneys are skilled enough to pressure the prosecutors to show that the drug did not belong to his/her client.

Driving Under the Influence or DUI is driving under the influence of alcohol that is illegal in all fifty states; also known as Driving While Intoxicated.

Alcohol plays a large part in crimes today. There are several different kinds, such as DUI, a minor in possession of alcohol, and others.

Crimes against children could be that of neglection of children, physical and/or emotional abuse. Children are very vulnerable to adults because children need to be guarded by an adult(s).

Cyber crimes are crimes committed online, or with the help of something that was from the internet. Social media can be used for cyber crimes, such as bullying and sending explicit photos via smartphone, also known as sexting. Other cybercrimes could be identity theft, or computer crime/theft.

southern utah criminal defense

Southern Utah Criminal Defense

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Utah Criminal Defense: Crime, Court & Bail

March 15, 2018/in Criminal, Home, Law Guide, Other Areas of Law /by mcmullin

Utah Criminal Defense: Crime, Court & Bail

Let’s begin with crime. Crime is defined as “an unlawful act punishable by state or other authority”. Crime in Utah is on average, lower than the national rate. When someone commits a crime, they are punishable by law, and usually, are arrested and placed in prison. Depending on the severity of the crime and according to Utah criminal defense laws, they may have a court date set for to resolve the crime. Some criminals are allowed to be ‘bailed’ out of prison temporarily, ONLY if they pay a certain amount of money and promise to return to court on the exact date they are given to do so.

Court

Court is a governmental system that consists of people playing different roles in order to handle, and complete disputes – all handled in a legal process. In court, a judge and jury are assigned to specific cases in which they make legal decisions. When there are situations where people argue about, disagree on, or are unable to make a decision, this can be taken to court to be resolved. The court has the authority to make final decisions about certain situations when different parties may not be able to make themselves, according to Utah criminal defense laws. Also, the court will decide on who has to do what in order to resolve the case (e.g. jail time, community service, fines and/or fees).

Bail

Another common aspect of Utah criminal defense is bail. When someone has been arrested and put in jail, a court will assign them a trial date – this can be weeks away. During the waiting period, some inmates are allowed bail, which is to pay money to the court system or pay a bail bond company to bail out the defendant so they can be temporarily released from prison. The defendant, while temporarily out of prison, MUST return to court on the specified date.

How much does bail cost?

Bail in Utah is usually twenty percent of the cost of the defendant’s criminal history, the kind of crime they committed, or the severity of the crime. A class C misdemeanor for a defendant that has never been accused of a class C misdemeanor before, their bail will cost $340. If someone is accused of a felony, their bail will usually cost at least $5,000. Also, if a minor is accused of a crime, their bail tends to be lower than the price of an adult; also, Utah criminal defense and the severity of the crime will determine the amount.

Crime in Utah

Crime in Utah is evaluated by “Neighborhoodscout” – about 30 of every 1,000 people cause property crimes in Utah, and about 2-3 of every 1,000 people cause a violent crime in Utah. In total, there are about 32 people of every 1,000 that will commit a crime.
The National robbery crime rate is 1 out of every 1,000 people; the Utah robbery crime rate is .44 out of every 1,000 people.
The National assault crime rate is 2.38 out of every 1,000 people; the Utah robbery crime rate is 1.35 out of every 1,000 people.

What if the defendant does not go to court when they are required?

According to Utah criminal defense, if the defendant does not return to their court date, there are a number of things that can happen. First, a bench warrant will be out for their arrest. Once arrested, there usually is the option for bail, but the bail price may be higher than the original price because of the missed court date. Second, if the defendant continually fails to attend court dates, the court can issue their arrest with a supplement ‘no bail’ warranty, meaning that once arrested, there is no option for bail once in prison. In conclusion, don’t miss a court date.

Public vs. Private Lawyer

When someone has been charged with a crime, that person has some decisions to make about their upcoming trial. Hiring a private or public lawyer as a form of Utah criminal defense are some of the options the defendant has for their trial. Depending on what kind of crime, and the severity of that crime, the defendant might benefit from either a public or private lawyer. There are benefits to both lawyers, however.

A public defender is a lawyer who the court chooses to represent the defendant. Generally, public defenders are hired because the defendant cannot hire a private lawyer; who can be very expensive. Because the public defense lawyer is hired by the court and appointed to the defendant, the defendant does not have to pay for the public lawyer. The government is in charge of paying the public defense lawyers. Public defenders are hired by the government and are paid at a fixed rate each year. Keep in mind that at times, public defenders may have a very heavy workload thus perhaps not giving a client the same amount of time and attention that a private lawyer may provide.

A private lawyer is someone who is hired by the defendant and therefore has to pay the private lawyer at their own expense. Given their workload, private lawyers can choose to accept or deny cases which allows them to give specialized time and effort towards each case. Because they are able to prioritize the cases, they usually are expensive when it comes to their services – those high expenses, however, may pay off because the difference between winning or losing a case can be how much time the lawyer has to allocate for that case.

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