Criminal Law
Currently we serve as the Public
Defender for Brigham City. We also accept selected private
criminal cases including misdemeanors, felonies, appeals,
and post conviction relief cases in Utah and Arizona. If
you would like a quote or further information, please
contact us.
If you have been accused of a crime, follow these simple
steps to insure that you protect your rights and avoid prejudicing
your case.
1. Don't talk to anyone about your
case but your lawyer.
2. If anyone tries to talk to you
about the case, you can read them the following:
My Lawyer has instructed me not to
talk to anyone about my case or anything else, and not to
answer questions or reply to accusations. On advice of counsel
and on the grounds of my rights under the Fifth and Sixth
Amendments, I shall talk to no one in the absence of counsel.
I shall not give any consents or make any waivers of my
legal rights. Any request for information or for consent
to conduct searches or seizures or investigations affecting
may person, papers, property or effects should be addressed
to my lawyer whose name, address and phone number are: _____________________.
I request that my lawyer be notified and allowed to be present
if any identification confrontations, tests, examinations,
or investigations of any sort are conducted in my case,
and I do not consent to any such confrontations, tests examinations,
or investigations.
3. If you have been arrested for
a DUI, you need to know that by obtaining a driver's license
you have already consented to a breath or blood alcohol
test. Refusing the test will result in automatic suspension
of your driver's license. Such a request is the one exception
to the above advice about refusing to speak to or consent
to searches by officers. In the case of a DUI arrest you
have only ten days to request an administrative hearing
regarding you license. It is important to your defense that
you make this request on time. Please call our office if
you have a question.
Pleading Guilty
The criminal justice system contemplates
that persons will initially plead "not guilty"
and then consult with their lawyer. Sometimes people feel
compelled to plead guilty in order to "be honest"
before they have a chance to speak to a lawyer. Their approach
is at odds with the system because prosecutors have a great
deal of discretion and will charge someone with more than
even feel the person should plead guilty to so that they
can have something to bargain with when defense counsel
approaches them about a plea agreement. By pleading guilty
to the charges, these "honest" individuals are
penalizing themselves unnecessarily. The system contemplates
that the initial plea may change over time. It is not dishonest
to initially plead not guilty to give your lawyer time to
work on your case, even if you are guilty of the charges.
The one exception to the above rule
is minor misdemeanor cases in justice court. At times the
prosecutor and Justice Court Judge will allow an "honest"
person to agree to an advantageous arrangement in order
to move the case along. Hiring an attorney may actually
increase the likelihood of additional punishment or at least
cause unnecessary delay. The problem, of course, is that
the lay person will likely not know whether the arrangement
offered by the prosecutor is appropriate. The only way to
be sure is to contact legal counsel.
Counsel Provided by the State
The U.S. Supreme Court has recently
handed down a decision that requires the States and the
Federal Government to provide legal counsel for people who
can't afford it (indigents), even in cases where it is likely
the court will impose only a suspended sentence and place
the individual on probation. See
Alabama v. Shelton, 535
U.S. 654, 122 S. Ct. 1764; 152 L. Ed. 2d 888 (20 May 2002).
In Utah, however, a state statute already required appointment
of counsel if there was "a substantial probability
of the deprivation of the defendant's liberty." Utah
Code Ann. Sec.
77-32-301. This provision will now have to
be read in light of the new Supreme Court precedent and
may require courts to order state funded defense counsel
even when probation and a suspended sentence are the likely
outcome. Under the Shelton decision suspended jail terms
imposed without the benefit of counsel for indigent defendants
are invalid and cannot be implemented upon a probation violation.
In Utah, the standard for whether
someone cannot afford counsel is set by Utah Code Ann. Sec.
77-32-202(3)(A), which provides for counsel if a person
does not have sufficient assets to pay for counsel and makes
less than or equal to 150% of the poverty level as published
by the Federal Government. Currently that translates to
$15,600 a year for a family of one and $21,000 for a family
of two. Utah judges will generally qualify you for appointed
counsel if you make less than or equal to $7.00 an hour
for 1 person or $10.10 for a family of two. For larger families,
just add $2.60 for each person to find the applicable wage.
The information provided on this page is
not intended as legal advice for a specific situation or
client. If you need legal advice or would like additional
information please call our office or consult a licensed
attorney.
