Whether you are accused of a misdemeanor or a felony, criminal charges can wreak havoc on your life. Even a seemingly mild offense can have a substantial impact on a person’s future. It could affect their ability to obtain gainful employment, may limit their housing options, and could even affect a person’s academic career. If you are charged with a criminal offense in Utah, consult with our skilled Orem criminal defense attorneys right away.
At Overson & Bugden, we pride ourselves on providing our clients with a unique legal defense that is tailored to the needs of the client. We know that it can be stressful to deal with a criminal case, and we will stand with you in your time of need. To arrange a free and confidential legal consultation about your criminal case, call Overson & Bugden, at (801) 758-2287. You may also choose to schedule your appointment online.
What to Do After Being Arrested for a Crime in Orem
Being arrested is never a pleasant experience. There is a good chance the police will catch you off guard, leaving you feeling frightened and unprepared to defend yourself. The first thing you should do is call a lawyer. The police will likely take you in for booking and questioning after your arrest. Any questioning conducted by the police while you are in custody must include your Miranda rights.
Your Miranda rights include your rights to remain silent and your right to have an attorney by your side while being questioned. You have probably heard these rights recited by cops on TV many times. The police are required to advise you of your Miranda rights before they ask you any questions regarding your alleged involvement with a crime. This is your opportunity to invoke these rights and demand a lawyer.
Having a lawyer by your side while the police question you is an excellent way to protect your rights from law enforcement. The point of questioning by the police is to find out incriminating information about you. Your attorney can help you answer police questions while also avoiding self-incrimination as much as possible. Left on their own, a defendant may not understand how to protect their rights while under the stresses of police interrogation.
If you or someone you know has been arrested, contact our Orem criminal defense lawyer right away.
Common Criminal Cases Our Attorneys Handle in Orem, UT
When your freedom and livelihood are threatened by an arrest, you should contact an experienced criminal defense lawyer as early in the process as possible. Here are some common criminal cases that our firm has litigated for clients facing charges in the State of Utah.
Drug Possession Charges
The severity of drug possession offenses typically depends on the type of drugs the defendant possessed, and the quantity of drugs possessed. For example, should a defendant be accused of possessing a large quantity of unprescribed OxyContin, this offense would be treated differently than possessing large amounts of heroin.
It is important to note that possessing a large number of drugs could even lead to criminal charges for trafficking. Trafficking offenses are especially severe because a defendant could face over a decade behind bars if convicted of trafficking certain drugs. Additionally, the possession of drug paraphernalia like needles or zip lock bags could also be used as evidence to support drug charges.
DUIs
Driving under the influence is a serious offense that can affect multiple aspects of a person’s life. For example, a defendant could have difficulty finding employment or may struggle to obtain a loan if they are convicted of a DUI offense.
In Utah, a person can be arrested for driving a vehicle while under the influence of alcohol or drugs. In some cases, a driver could even be arrested for having constructive control over their vehicle while intoxicated. For example, if a defendant is found sleeping inside their vehicle while drunk, this may be enough to arrest the defendant for driving under the influence.
A DUI conviction can lead to heavy fines and may also cost you your driver’s license. Depending on how many DUIs you have on your record, you could lose your license for a few months or even a few years. Contact our Orem criminal defense attorneys immediately if you are charged with a DUI.
Sex Crimes
Our Orem criminal defense lawyers can help you defend against many different kinds of sex crimes. Sex crimes typically carry severe penalties, so it is vital to secure an experienced Salt Lake City criminal defense lawyer that can litigate your case. For example, when a defendant is accused of rape for allegedly forcing the victim to consent to sexual intercourse, this is considered a felony that may carry multiple years in prison upon conviction.
Sex crimes are also subject to being upgraded to more serious charges that carry harsher punishments. The exact way you are charged will depend on the facts of your case. For example, sex crimes involving child victims are often charged more seriously. Additionally, sex crimes that are also acts of domestic abuse or violence may be upgraded. If you have been accused of a sex crime, call our Orem criminal defense attorney immediately.
Academic Disciplinary Proceedings
If you are arrested for a crime while attending college, it is likely that you may also have to face an academic disciplinary proceeding for violating the student code of conduct at your college.
Depending on the policies in place at your college, you may have various rights, and opportunities to defend yourself from allegations weighed against you. If granted this opportunity, you should ensure that you have an experienced attorney at your side that can help guide you through your disciplinary proceeding.
Our firm has worked on many other types of criminal cases that are not mentioned above. If you face any criminal charges, please do not hesitate to get in touch with our Orem criminal defense attorneys.
How Long Do Criminal Cases Last in Orem, UT?
Unfortunately, there is no clear answer as to how long a criminal trial will last. There are many different factors at play that could all influence the outcome and duration of your trial. For example, the type of crime you are charged with, the evidence against you, and whether a plea agreement is reached can all affect how long your trial lasts.
Generally, more serious crimes, like violent felonies, take a bit longer than simple misdemeanors. For low-level misdemeanors, courts and prosecutors are more willing to follow standard procedures and get the case over and done with sooner rather than later. For serious felonies, however, the case will probably be handled more delicately, and more time will be spent investigating.
The evidence against you will also have an impact on how long your trial takes. If there is a lot of incriminating evidence, your case could take longer as each piece of evidence needs to be analyzed and presented to the jury. However, a plethora of strong evidence could also make for a relatively quick trial. If you have a weak case, you could accept a plea agreement from a prosecutor. You would totally avoid a trial and possibly get a lighter sentence than you would have gotten otherwise.
There is also any number of unpredictable hiccups that could interrupt or prolong the trial process. For example, jurors must avoid talking about the case outside of the courtroom, and they are forbidden from interacting with the defendant and prosecutors. A breach of these rules could result in a mistrial and we would have to start the entire trial process over again. Consult with our Orem criminal defense lawyers to determine how long your criminal proceedings may last.
Mitigating and Aggravating Factors for Criminal Sentencing in Orem, UT
If you were arrested and convicted of a criminal offense in Utah, you should know there are mitigating and aggravating factors that can affect the criminal sentencing in your case. A mitigating factor is an event in a criminal case that may help a defendant receive a lighter sentence. Alternatively, an aggravating factor is an issue that may lead to an increased sentence for a defendant.
There is a variety of mitigating factors that can help a defendant receive a lighter sentence. For example, if a defendant had no prior arrests or convictions for any type of crime, it is more likely that the prosecution may suggest a lighter criminal sentence. Other examples of mitigating factors include…
- The defendant cooperated with law enforcement
- Having a disability that affects the defendant’s mental state
- Agreeing to a plea deal with a prosecutor
Aggravating factors are typically an action by the defendant that was especially harmful. For example, if a defendant hit a person in a DUI and fled the scene of the crash, this may increase their criminal sentence. Some other examples of aggravating factors are…
- Multiple arrests and convictions on the defendant’s record
- Committing a hate crime
- Sexual offenses against a minor
Entering a Plea in a Criminal Case in Orem
Defendants can enter a plea at their arraignment in Utah. This happens fairly early in the criminal justice process and you should consult with a lawyer before entering your plea. You have the option of pleading guilty, not guilty, or no-contest. A not guilty plea will result in a trial. A plea of not guilty or no-contest both have the same effect and sentencing will commence shortly after. However, a no-contest plea is not actually an admission of guilt and cannot be used against you in a related civil lawsuit.
Many defendants want their day in court so they can fight their charges and clear their names. However, not every case is a strong one. Sometimes, the prosecutors and the police provide overwhelming evidence against the defendant and there is little hope for a favorable verdict. In such cases, it might be wise to consider a plea agreement.
A plea agreement is like a deal between the prosecutor and the defendant. The defendant will agree to plead guilty and the prosecutor will agree to reduce the charges or request a more lenient sentence from the judge. If you think a plea agreement may be a good option for your case, speak with our Orem criminal defense lawyers about negotiating a plea agreement.
The Cost of Hiring a Criminal Defense Lawyer in Orem
Legal fees and the costs of hiring an attorney have been known to be relatively expensive. However, exactly how much a lawyer will cost is a tricky question to answer. The total cost of legal representation will vary from case to case, as each defendant’s needs are unique.
For example, a defendant charged with a small misdemeanor will likely pay less than a defendant charged with a serious violent felony. Attorneys often charge their clients based on the amount of time they have to put into the case. Small charges simply tend to take less time than serious charges.
You will also have to consider who the attorney is that you wish to hire. A more seasoned and experienced attorney will probably cost more than a lawyer new to the practice of law. You are not only paying for their time and effort, but also their skills, knowledge, and experience that they will employ on your behalf.
Our Orem criminal defense attorney is available for consultations in which you may discuss the potential fees of representation.
Call Our Orem, UT Criminal Defense Attorneys for a Free Review of Your Case
If you have been charged with any crime in Utah, you should hire an attorney to help you. The criminal justice process is extremely complicated and most people cannot handle it alone. Contact our Orem criminal defense lawyers at Overson & Bugden, by calling (801) 758-2287. Call today to schedule a free legal consultation.
