Fewer situations are more frightening than being arrested and charged with a crime. If this happens to you, contact our lawyers immediately to begin your defense.
Some people are arrested when the police stop them in public, while others are charged with a crime after an investigation and indictment. Other individuals are asked to come in for police questioning only to find out that they are the suspect. In any case, you should exercise your right to remain silent and ask for your attorney. Even misdemeanor charges can result in significant fines and jail time, with felonies potentially landing a defendant in prison for years. Our team can review the evidence to determine the strengths and weaknesses of the state’s case against you.
For a free and confidential review of your case from our criminal defense lawyers, call Overson & Bugden today at (801) 758-2287.
How Individuals Can Be Charged with a Crime in Springville, UT
Some people’s criminal cases begin when the police arrest them, while others are indicted and charged with a crime after a grand jury investigation. Whatever stage your case is in, our criminal defense attorneys can help protect your rights and review the state’s evidence against you. Getting your defense started as soon as possible is vital so that we have adequate time to prepare for trial and negotiate with the prosecution.
Arrests
Police officers can arrest individuals without a warrant, but only under specific circumstances. In most situations, they must have probable cause that a crime is occurring to initiate an arrest. They can also stop people in some circumstances if they only have a reasonable suspicion that a crime is happening, such as suspecting a person of driving under the influence.
Still, the police must be able to articulate the facts and reasons that support probable cause or reasonable suspicion to stop and arrest someone. If they cannot, our team can argue that the arrest was illegal, potentially preventing evidence collected after the arrest from being used against you.
Law enforcement might choose to carry out arrests at your home or workplace. However, they can typically only do this if they have a warrant or given permission to enter the property unless a warrant exception applies, like an emergency situation. Warrant must also be based on probable cause, so our team will review it to determine if it included the required facts. If probable cause does not support the warrant, the prosecution might not be able to move forward with their case.
In these situations, remember to remain calm and do not answer questions about the alleged crime. Instead, contact our lawyers. We can explain the exact reasons for your detention while we prepare for your official arraignment on the charges and what bail we should request. Our attorneys will also help protect your right to a speedy trial and determine if you were mischarged.
Indictments
You will also want our team on your side when facing formal charges after being indicted by a grand jury. The charges against you can be serious when a grand jury is called to indict, and a conviction at trial could lead to severe consequences, such as prison time, substantial fines, and a permanent criminal record. If you have been called in for questioning in front of the grand jury or formally charged, contact our team immediately.
In these situations, our attorneys will begin by conducting a thorough assessment of the evidence submitted by the prosecution. From there, we can develop a solid defense strategy tailored to your case. Even after an indictment, our team can negotiate with the prosecution before going to trial. Our lawyers can potentially get the charges lessened through a plea agreement or have the charges dismissed entirely if we discover procedural violations or the evidence is lacking. Remember, being charged with a crime does not automatically mean the case will move to a full trial, so there is always time to have our team step in and defend you.
What to Do During Police Questioning in Springville, UT
In some cases, law enforcement might ask you to come in for informal questioning. They might suggest you have information related to someone involved in a case, but this could just be a clever tactic to divert attention from the fact that they are actually investigating you. No matter what the police claim they are questioning you for, you should insist on having an attorney present.
The police do not have to read you your Miranda rights if the questioning they are casually asking you questions without an arrest, perhaps after asking you to “come down to the station”; they will likely not inform you of your rights during that time. If you are placed under arrest, request our attorneys immediately before saying anything else. Otherwise, you might unintentionally provide statements that the prosecution can use as evidence against you.
When you are arrested in one of the ways discussed above, the police are required to read your Miranda rights before beginning a post-arrest custodial interrogation. They should inform you of your right to remain silent and to an attorney, both of which you should exercise. Any statements you voluntarily provide to the police after being read and confirming your understanding of your rights can be used against you.
Once you invoke your right to speak to a lawyer, their interrogation must stop. If the police continue to question you after requesting legal counsel, using tactics to wear you down, our team will file a motion requesting that the court prevent the prosecution from using the unconstitutionally gathered evidence.
Levels of Criminal Charges You Could Face in Springville, UT
Criminal charges are generally separated into three categories based on the severity of the crime. Infractions represent the lowest level of criminal offenses, for which people are rarely arrested. Misdemeanors include relatively minor offenses that can still be punished with jail time depending on the level of misdemeanor. The most serious crimes are typically charged as felonies, which can be punished with significant terms of imprisonment.
Our team can determine the potential level of charges and punishment if convicted. If we cannot get the case dismissed, we might be able to negotiate the charges down to a less severe level to avoid the worst penalties.
Infractions
Infractions are considered minor violations that generally do not carry the possibility of incarceration. Individuals charged with infractions are often only cited for the offense rather than arrested.
Fortunately, the penalties for infractions do not include any jail time but will be subject to other penalties under Utah Code § 76-3-205. The penalty for an infraction is usually just a fine. Defendants might also be ordered to complete community service hours. In some cases, the compensatory service can be used to satisfy a fine.
Misdemeanors
Misdemeanors include a range of criminal offenses, varying from minor offenses like theft to more serious violations like assault. Some can lead to significant jail time based on which of the three categories the crime falls into under § 76-3-204.
At the lowest level, Class C misdemeanors are considered relatively minor in nature. Still, individuals convicted of this type of misdemeanor can face up to 90 days in jail.
Class B misdemeanors carry heavier consequences, with a maximum sentence of six months in jail. Offenses in this category might involve driving under the influence or minor drug possession.
Finally, Class A misdemeanors represent the most serious level of offenses that are just below felonies. This class typically includes crimes such as assault, substantial theft, or drug distribution offenses. Convictions Class A misdemeanors can result in a jail sentence of up to 364 days.
While a single misdemeanor charge might not result in significant penalties, being charged with multiple misdemeanor offenses can lead to considerable jail time and substantial fines. It might be possible to have some misdemeanors dropped in cases where a plea deal is arranged.
Felonies
Felony charges are the most serious accusations one can face in a criminal case. These charges carry severe penalties that can lead to lengthy prison sentences, drastically affecting the defendant’s life. Even just one felony charge can result in several years in prison. Under § 76-3-203, felonies are also divided into distinct categories, each with varying degrees of severity.
The lowest level felonies are third-degree charges, which can result in a maximum prison sentence of five years, along with expensive fines and other penalties.
Second-degree felonies can be punished with a prison sentence of at least one year and up to 15 years. Still, a person convicted of a second-degree felony will most likely spend at least one year in prison for the offense.
First-degree felonies are charged for some of the most serious crimes, like murder and aggravated assault. A conviction for a first-degree felony carries a prison term of no less than five years and as long as life in prison, depending on the offense and the defendant’s prior record.
Having an experienced legal team on your side is crucial if you are facing felony charges. Our team can determine if the evidence supports the level of felony you are being charged with and challenge it in a preliminary hearing to get it reduced.
Types of Criminal Cases that Our Lawyers Defend Against in Springville, UT
Our team has defended numerous clients in many types of cases. We can help defend whether you are charged with DUI, a drug offense, or theft. We can also represent you if you are facing serious charges for a violent crime, assault, or weapons violations. Each type of case has its challenges and requires a defense strategy customized to the charges you are facing.
Drug Charges
Drug charges are among the most common in Springville, with penalties varying according to the type and quantity of the substance involved.
For instance, if someone possesses a Schedule I or II controlled substance with the intent to distribute, it will be classified as a second-degree felony for a first offense and escalate to a first-degree felony for any subsequent offense. On the other hand, possessing with intent to distribute a Schedule III or IV substance, or marijuana, is categorized as a third-degree felony for the first offense and a second-degree felony for the second. Additionally, possessing a Schedule V drug with intent to distribute is treated as a class A misdemeanor.
Our team can help defend you by showing that the state lacks the evidence to show that you intended to distribute. This charge is routinely tacked onto possession charges to increase the penalties. If the prosecution lacks evidence, like storage bags, money, or other circumstantial evidence, we can argue that the prosecution overcharged you.
Assault Charges
Assault crimes are some of the most serious people can be charged with. Some incidents are considered simple assaults, which are usually those committed without a weapon. However, simple assaults can be charged as higher level misdemeanors, which can result in jail time.
Others are charged for aggravated assault when they cause or intend to cause serious bodily harm or death. Aggravated assaults could be a fight where the other person is severely injured or a shooting. These crimes are typically charged as felonies, which can carry minimum sentences of years in jail if convicted.
Our lawyers can help fight these charges by showing that you were justifiably defending yourself. We can also defend your case by providing evidence that you were defending another person or using reasonable force to protect your property.
DUI Charges
DUI charges are also common, especially since the legal driving limit for blood alcohol content (BAC) is 0.05%, according to § 41-6a-502(1)(a). First-time offenses can result in serious fines and the loss of your license. If you have two or more DUIs within ten years, you could face jail time in addition to thousands of dollars in fines if you do not have defense counsel negotiating with the prosecution.
Call Our Criminal Defense Lawyers in Springville, UT Today for Help with Your Case
Contact Overson & Bugden at (801) 758-2287 for free evaluation of your case with our criminal defense attorneys.
