Criminal defendants have a right to legal representation. If you are charged, your first call should be to an attorney who can help you. Depending on your situation, you might face serious penalties, including incarceration.
Once you have a lawyer, they can help you get released on bail and begin preparing your defense. Possible defense strategies may include challenging unlawful evidence and improper searches and seizures, explaining your justifications for committing the offense, or negotiating a plea deal to avoid the harshest penalties. The best defense will be unique to your case. Our legal team can help you with property offenses, sexual crimes, murder, and more.
Call Overson & Bugden at (801) 758-2287 to get a private, free case analysis from our criminal defense attorneys.
What to Do if You Are Arrested for a Crime in Saratoga Springs
If you are arrested, cooperate with the authorities. You might feel compelled to run from the police or resist arrest, but this might only lead to additional criminal charges. After the arrest, the police will book you into custody and prepare you for questioning.
Before the police question you about the alleged offense, they must read you your Miranda rights. These include your right to remain silent and your right to have a lawyer present. You do not have to answer questions during custodial interrogation.
Invoke your right to an attorney immediately. When our criminal defense attorneys arrive, you can discuss the situation privately, and we can advise you on whether to answer questions or remain silent.
If you choose to answer questions from the police before speaking with a lawyer, discuss what happened with your attorney. If you were not informed of your Miranda rights, everything you said to the police may be inadmissible and not used against you.
How to Post Bail in Saratoga Springs Criminal Cases
According to Utah Code § 77-20-201(1), all criminal defendants have the right to a bail hearing, unless they are charged with a capital felony punishable by death or with certain other felonies. Your attorney can help you determine if your charges make you ineligible for bail. For some, posting bail involves paying a sum of money determined by the court. For others, bail might not involve money but still comes with various restrictions.
Factors considered in bail hearings may include the defendant’s criminal history and the violent nature of the charges. Those with a criminal past or who are charged with violent crimes are more likely to face more restrictive bail terms and higher costs.
Courts will also consider whether the defendant is a danger to the community. If a defendant is deemed a threat to others or is likely to reoffend if released, the judge can deny bail. The judge may also deny bail if the defendant is a flight risk and likely to leave the state if released.
How Our Attorneys Can Help Defend You From Criminal Charges
The best defense is unique for everyone. How your attorney helps you fight your charges will depend on the facts and evidence of your case. You might have multiple defense strategies to consider.
Unlawful Evidence
Evidence must adhere to the Utah Rules of Evidence and be legally obtained to be admissible in court. If the prosecutor’s evidence does not align with the rules of admissibility or was obtained in violation of your rights, we may have grounds to have it excluded.
Illegally seized evidence often stems from problems with search warrants. If the police did not have a search warrant or a valid exception to the warrant requirement, the evidence they seized may be deemed illegal and excluded.
Even if evidence is lawfully obtained, it might not jive with the Rules of Evidence. For example, witness testimony that is not based on firsthand knowledge may not be admissible, as it violates the rule against hearsay. Hearsay evidence cannot be adequately cross-examined and should not be admitted in court.
Justifications
If you did commit the alleged offense but believe your actions were justified, your attorney can help you assert a justification defense. Self-defense is perhaps the most commonly known justification defense, although others exist.
According to Utah Code § 76-2-402(2), you may be justified in using force against someone else if you reasonably believed that force was necessary to defend yourself or others from imminent force. You may be justified in using deadly force only if you reasonably believed it was necessary to prevent death or serious injury to you or others.
Plea Negotiations
You might consider negotiating a plea deal if the prosecutor is likely to secure a conviction. A plea deal involves entering a guilty plea in exchange for a reduction in charges or a prosecutor’s recommendation for a more lenient sentence. While pleading guilty is not ideal, it might be the best way to avoid the harshest penalties.
When to Hire a Criminal Defense Lawyer in Saratoga Springs
It is never too early to hire a defense lawyer. While many defendants hire an attorney after they are arrested, you can hire one much sooner. If you know that you are under criminal investigation or believe someone has or will make a criminal accusation against you, hire an attorney as soon as possible.
The sooner you hire your attorney, the sooner they can prepare your defense. Waiting to speak to a lawyer might mean they have to spend time playing catch-up with the authorities and prosecutors. Also, you should have a lawyer with you at every hearing, not just the trial. You should be represented at your arraignment, during bail hearings, and beyond.
Contact Our Saratoga Springs Criminal Defense Lawyers for Legal Support
Call Overson & Bugden at (801) 758-2287 to get a private, free case analysis from our criminal defense attorneys.
