Frequently Asked Questions
If you’ve been arrested, charged with, or are under investigation for a crime, you probably need an attorney. Competent adults are allowed to defend themselves in criminal cases, but it’s almost never a good idea to do so. Only an experienced defense lawyer can tell you whether your situation calls for legal assistance. If you or someone you know is facing an investigation or criminal charges, call our firm at 801-791-1124 to schedule a free initial consultation as soon as possible.
Any lawyer is better than no lawyer, but there are things you should look for to find the best choice for you. Utah criminal statutes and U.S. federal laws outline thousands of criminal offenses. No attorney has experience with them all. It is best to find a defense lawyer who has handled cases similar to yours. It is also important to find someone who will be honest with you in telling you if she or he is not the best choice.
Our firm defends clients against a wide range of charges, including motor-vehicle crimes such as drunk driving, ignition interlock violations, and suspended driver’s licenses, drug crimes, domestic violence and crimes of violence, sex offenses, property crimes, and financial crimes. While we have experience with many criminal issues, we will always put your needs first. If we are not the best fit for you, we will tell you so.
In addition to have the relevant experience, your attorney should have trial experience and an understanding of the court and judicial processes in the court where your case will be heard. Your attorney must be prepared to defend you in court if the situation demands.
Plea bargaining is tricky business. To be effective, you must have an excellent handle on the law, the evidence in your case, and the strength of your defense. Prosecutors know that an unrepresented person is unlikely to mount a strong defense. You will have difficulty negotiating the criminal justice system without a criminal defense lawyer on your side.
People are pulled over by law enforcement all the time for a variety of reasons. Most often, an interaction with law enforcement on the road occurs due to a traffic violation such as speeding, an HOV violation, or driving unsafe for road conditions. Sometimes, the focus of an officer’s investigation can expand if the officer forms reasonable suspicion that additional criminal activity is or has just occurred (e.g., the officer smells the scent of marijuana in the car, or observes reported stolen merchandise in the back of the vehicle). Regardless of the nature of the encounter, it’s important to remember three things:
1. Always be respectful to the police. Police officers have a difficult job, and there’s a lot of uncertainty when they approach an unfamiliar vehicle on a roadside encounter. Be polite and provide the officer with your name and driver’s license, if asked. You also need to provide the officer with registration and proof of insurance, and would need to step out of the car if asked. However, you do not need to volunteer unnecessary information to the officer, such as telling the officer about your night, where you are going, what you have been doing, or how much you have had to drink. You also do not need to voluntarily consent to the search of your car or items in a given space, such as a glove compartment or a backpack.
2. Remember your interaction with the police is likely being audio and video recorded. Most police officers wear body cameras, and most patrol vehicles are equipped with dash cameras. These cameras are usually high quality and you can assume that everything you say and do is being recorded and could potentially be used as evidence against you if you are charged with a crime. Be careful what you say, what you do, and how you respond to the police. It’s much better to fight improper police conduct in court with an attorney than unrepresented on the side of the road.
3. In DUI investigations, understand you have the right to refuse Standard Field Sobriety Tests. Many people believe they are doing themselves a favor by submitting to field sobriety tests. Perhaps they believe if they cooperate on the test, they will not be charged with a crime or taken to jail. Understand that you have the right to refuse a field sobriety test. You are not required to audition for your freedom. Most of the time, those who submit to a field sobriety test are helping the prosecutor build a case against them. These tests are often administered with the person is tired, scared, or nervous, and require the person to perform abnormal physical tasks. You should respectfully refuse to submit to any field sobriety tests.
Pitcher Law regularly handles cases where criminal or traffic charge stemmed from a traffic stop. If you or someone you know has been charged with a DUI or other road-related criminal offense, call us at 801-791-1124 for a free consultation.
Miranda rights get their name from the 1966 United States Supreme Court Case, Miranda v. Arizona. In that case, the Supreme Court held that the U.S. Constitution’s Fifth Amendment prohibition against self-incrimination applies to an individual who is in police custody. To safeguard that right, this means that before questioning an individual who is in police custody, the officer must inform the suspect of the following rights:
• They have the right to remain silent
• Any statements they make may be used against them at trial
• They have the right to have an attorney present during any questioning by law enforcement
• If they cannot afford an attorney, one will be appointed for them.
The Miranda warnings must be read when an individual is both in custody and subject to interrogation. If an officer fails to do this, any statements made by a suspect in custody in response to police questioning cannot be used against the individual at trial.
Utah’s justice courts are not courts of record. Therefore, if you are convicted of a misdemeanor criminal offense that was prosecuted in one of Utah’s justice courts, you can appeal the conviction de novo to the district court and you have a right to a new trial. However, if your conviction was prosecuted in district court, you can only pursue an appeal under more limited circumstances. This includes procedural inaccuracies, or if there were issues that were not presented at trial that could have affected the outcome of the case. If you can show that you were the victim of ineffective counsel, you may be able to appeal your sentence and get a new trial.
A plea in abeyance is a plea agreement between an individual charged with a crime and the prosecutor. It allows you to plead guilty or no contest, but that plea will be held ‘in abeyance’ – or in limbo – until certain terms and conditions are completed. These terms and conditions could be things like paying a fee, completing community service, undergoing substance abuse or mental health treatment, and being on good behavior (no new criminal violations) for the period of the agreement. If you successfully complete all of the requirements of the plea in abeyance, then your case will be dismissed or your charge reduced.
Under the law, a plea in abeyance is not a conviction. If, after entering into a plea in abeyance, you are asked if you’ve been convicted of a crime, you can honestly and legally say no.
Not everyone qualifies for a plea in abeyance. They are usually offered to individuals with little to no criminal history. Some crimes are also excluded from plea in abeyance eligibility, such as DUIs.
Article I, Section 8 of the Utah Constitution provides that all individuals are entitled to bail, with the following exceptions:
• Persons charged with a capital offense
• Persons charged with a felony while on probation or parole, or while free on bail awaiting trial on a previous felony charge
• Persons charged with domestic violence, if the court finds the person charged would constitute a substantial danger to the alleged victim,
• Persons charged with DUI, if the DUI resulted in the death or serious bodily injury of another,
• Persons charged with felony riot, if the court finds the person charged constitutes a substantial danger to the community.
In each of these cases, the court must also find there is substantial evidence to support the charge. Under these exceptions, a judge may — but does not have to — grant bail.
Many people think of ‘bail’ as meaning a financial amount paid to the court or to a bail bondsman, but bail is much more broad. Bail can be any condition of release granted to support the goals of (1) ensuring the individual’s appearance in court, (2) ensuring the safety of the public, (3) preventing contact with witnesses or alleged victims, and (4) ensuring the integrity of the court process.
This could be things like weekly check-ins with pretrial services, submitting to drug or alcohol monitoring, or abiding by a no-contact order.
If you or someone you know has been denied bail or is facing the possibility of pretrial detention, contact our team — we will negotiate and fight for your release.
If you have been arrested or charged with a domestic violence offense in Utah, you should take this seriously and contact an attorney. A domestic violence conviction in Utah can have far-reaching consequences, many of which are not initially anticipated or easily understood. A domestic violence conviction could bring the following:
• Incarceration: You may be sentenced to jail time or prison
Employment: A domestic violence conviction might result in termination of your current employment, and might hinder your ability to seek out/pursue future employment opportunities
• Education: A domestic violence conviction could limit your ability to pursue certain educational opportunities, degrees, or professional licenses
• Family law: A domestic violence conviction may impact your ability to fight for a favorable child custody arrangement, and it could work against you in divorce proceedings, particularly with regard to property division and alimony
• Firearms: If convicted of a domestic violence offense, federal law says you cannot own or possess a gun, even to protect your home or for hunting purposes
• Future charges: Subsequent domestic violence charges will be enhanced and the penalties imposed will likely be more severe once you have a domestic violence conviction.
The Salt Lake City criminal defense lawyers at Pitcher Law understand the serious nature of domestic violence allegations and the harsh implications they could have on your family, career, and future. The most beneficial thing you can do at this time is contact our experienced legal team. Our attorneys will prepare an aggressive, strategic defense and fight zealously on your behalf. As your nonjudgmental problem-solver, we will help you with other aspects of your life that are impacted by criminal charges and work to obtain the best possible outcome for your situation.
For many individuals, a criminal conviction is damaging and far-reaching. Nearly all employers ask if you have a prior conviction. A criminal conviction may prevent you from pursuing educational opportunities or obtaining a particular certification of license. It can also affect child custody and personal relationships.
Fortunately, in Utah, many people are eligible to expunge prior convictions and seal their records. In 2019, Utah passed a law that requires the government to automatically expunge certain types of misdemeanor criminal records. If you have not been convicted of a crime in the last 5 to 7 years, all or part of your criminal record might be automatically expunged. When your record is expunged, it no longer shows up on background checks and you can legally respond to questions about your criminal history as if the criminal activity never occurred.
Utah’s automatic expungement laws only apply to certain misdemeanor offenses. If you have a felony record, you may still be eligible for expungement, but you will have to petition the court to get your felony record cleared. It is important to know that not every conviction can be expunged. Additionally, the waiting period for an individual’s eligibility to expunge depends on the type of conviction and the time already passed since adjudication.
If you have questions about the expungement process and whether you are eligible for expungement, we can help. Call us for a free consultation of your case and we will discuss the potential wait time and court fees associated with your expungement request.
Qualified Legal Defense
As a former prosecutor, attorney Stephanie Pitcher provides strategic and aggressive representation, leveraging her experience on both sides of the courtroom.
Comprehensive Representation
Stephanie is your non-judgmental counsel, compassionate problem-solver, seasoned negotiator, and successful litigator – both in and out of the courtroom.
A Decade of Experience
With over 75+ jury and bench trials, and 5,000+ hours in court, Stephanie is a skilled trial attorney who will zealously defend you and your rights.
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