Brought to you by Colorado DUI Drunk Driving Defense

Salt Lake DUI Lawyers

1. Gubler, Douglas: Your constitutional rights include: Right to a Lawyer Right to Cross Examine and Confront Witnesses Right to Testify on One's Own Behalf Right to Remain Silent Right to Speedy Trial Right to Use Courts Subpoena Power to Compel Witnesses to Testify Right to a Jury Trial (in Most Cases) Presumption of Innocence Back to top Process of a Criminal Case Misdemeanor Felony Arraignment Bail May be Set Identity of Defendant is Determined Charges are Read Pre-Trial Conference(s) Plea Negotiations Identification of Issues Identification of Witnesses and Issues To be Tried Trial (judge or jury) Pre-Trial Motions Issues of Fact are Decided Sentencing Judge Imposes Sentence After Defendant has been Convicted Appeal The Defense Asks a Higher Court to Reverse the Trial Court's Decision Based on some error which was made during trial. Arraignment Bail is Set Identity of Defendant Charges are Read Confirm Attorney of Record Roll Call Plea Negotiations Identification of Witnesses and Issues Identification of Strengths and Weaknesses in States' Case Preliminary Hearing Probable Cause that Crime Was Committed and Defendant Committed It Prosecution has the burden of producing sufficient evidence to establish each and every element of the offense. Back to top What is an Arraignment? An arraignment is where the defendant is read specific charges against him. It is the first step in the criminal process. All arraignments are conducted after the suspect is arrested and booked by law enforcement. What Happens to the Defendant at the Arraignment? The arraignment is the time where the judge will ask if the person appearing is the person identified in the charges. In addition, the judge will ask whether the defendant will plead not guilty. It is highly unusual that a defendant would plead guilty at the arraignment. At an arraignment: The defendant will be provided with written charges. The defendant will be asked to state his identity. The defendant is entitled to counsel. If charged with a felony, the defendant is required to reply to the written charges with a plea of either guilty, not guilty, or nolo contendere (no contest). If charged with a misdemeanor, the defendant may or may not be required to reply with a plea at the initial arraignment. The judge will set the defendant's next appearance schedule. Bail is set. The defendant has a right to argue for a bail reduction. The discovery process begins. Discovery at the arraignment usually consists of a police report and a complaint. If the defendant pleads guilty at the arraignment, the judge may sentence the defendant at that time. Back to top Differences Between Misdemeanors and Felonies Generally, a misdemeanor crime is punishable by up to one year in county jail. Misdemeanor trials are held in the state's lower court, sometimes referred to as Justice Court. A felony crime is punishable by one year or more in state prison or a penitentiary. Felonies are brought in the District Courts in the State of Utah. The misdemeanor and felony arraignment processes are virtually identical to one another with one exception. In a felony case you have the right to a preliminary hearing. It is recommended that the defendant obtain legal representation prior to arraignment. A public defender may have little time to review the case before arraignment, or may not even be assigned the case until arraignment. Preparation is key to a successful defense. A private attorney can meet with the defendant prior to arraignment, review the case, and provide the defendant with step-by-step options prior to the arraignment process. Misdemeanor: The Arraignment To Appeals Process Arraignment The defendant may plead guilty, not guilty or no contest. If the defendant pleads guilty or no contest, he/she can expect to be sentenced. Very few cases are dismissed at arraignment. Once the arraignment is completed, the defendant prepares for trial by scheduling a next appearance of a roll call, pre-trial, preliminary hearing, disposition hearing, etc. Pre-Trial Conference This involves a meeting between prosecution and defense. Topics discussed include plea bargain opportunities, pretrial motions and other factors in the case, such as the defendant's character and prior criminal history. Back to top Sentencing The judge determines the length and type of punishment at a sentencing hearing. Witnesses are generally allowed to speak, requesting either a lighter or heavier sentence. The defendant may make a statement to the court. In addition, in some jurisdictions the court may ask for a report from the probation department prior to sentencing the defendant. Appeals After a defendant has been found guilty by way of trial, the defense attorney may request a higher court to review specifically identified errors in procedure with the possibility of changing the lower court's decision. It is important to recognize that the appeals process may only begin after the defendant has received the final verdict, and been sentenced. Once the trial has been completed, the facts have been decided. They cannot be changed by an appellate court. The appeals process reviews defects in procedure of the trial. If the defense attorney can identify substantial improper procedural issues, he may be able to win the appeal. Note that the timeline of the appeals process varies from state-to-state. Back to top Felony: The Arraignment to Appeals Process Arraignment The arraignment in a felony is identical to that in a misdemeanor case. Bail and identity are established, charges are ascertained and the attorney of record is confirmed. Very few cases are dismissed at arraignment. Pre-Preliminary Hearing This involves a meeting between prosecution and defense. Prosecution must produce sufficient evidence and witnesses to maintain the charges. Topics may be discussed which include plea bargain opportunities, strengths and weaknesses of the prosecutions case, and other factors, such as the defendant's character and past history. Preliminary Hearing At the preliminary hearing the judge determines whether sufficient evidence exists to maintain the case. The judge: 1) Decides whether there is probable cause to believe a crime was committed; 2) Decides whether there is probable cause to believe the defendant committed the crime. Pre-Trial Conference The pre-trial conference is a formal setting where plea bargaining occurs. The prosecution may offer alternative sentencing. The charge may be changed to a lesser charge. The number of felony counts may be dropped. A lesser punishment for the same charge may be agreed upon. Trial A jury trial is the fact finding phase of the case. It is the in-court examination and resolution of a criminal case. At the trial a decision will be reached as to the innocence or guilt of the defendant. Unlike a plea-bargained settlement which completes the case prior to trial, a trial introduces risk for both the prosecution and defense. Neither side knows which side will win. The trial begins with the prosecution's opening statement. The defense attorney may also present an opening statement at this time. The prosecution presents his case to support the charges and then rests. The defense presents his case to refute the charges and then rests. Closing arguments by both the prosecution and defense conclude the presentation part of the trial. The jury then deliberates innocence and guilt. In a trial, expect the following to occur: Jury selection Opening statements presented by the prosecution and the defense The prosecution presents their case The defense cross examines prosecution witnesses The defense presents their case The prosecution cross examines the defense witnesses Closing arguments are presented by both the prosecution and the defense The prosecution, defense attorney and judge decide on specific instructions to the jury The judge instructs the jury on rules The jury deliberates The jury submits their verdict Sentencing The judge determines the length and type of punishment at a sentencing hearing. Witnesses are generally allowed to speak, requesting either a lighter or stiffer sentence. The defendant may make a statement to the court. At sentencing: The judge almost always determines punishment. The judge may be required to follow specific sentencing guidelines. Factors such as no criminal history, a good public record, and professional or personal responsibilities may persuade the judge to provide a lighter sentence. A previous criminal record, use of a dangerous weapon, and the type of conviction may persuade the judge to provide a harsher sentence. Judges almost always give repeat offenders harsher sentences. Back to top Appeals After a defendant has been found guilty by way of trial, the defense attorney may request a higher court to reverse the lower court's decision. The appellate process is primarily limited to correcting flaws in procedure and not to change a trial courts finding of fact. It is important to recognize that the appeals process may only begin after the defendant has received the final verdict. The timeline of the appeals process varies from state to state. However, time limits do exist. Plea Bargaining Most cases end in a plea-bargain. Plea-bargaining is one way to avoid a conviction for the offense charged in favor of an agreed upon lighter conviction and sentence or for a dismissal after a probation period. Back to top Understanding Bail Bail is a method to get the defendant released during the trial proceedings. Bail is an amount of money used by the court to ensure the defendant comes back to court when required to do so. There are typically two factors the judge considers before setting bail. Any bail argument by the defense attorney must address both parts: Is the defendant a danger to the community? What is the likelihood the defendant will flee? Bail release options include: Cash Bail. The defendant is responsible for paying the entire amount of bail to be released. The defendant will receive his bail back at the completion of all court appearances. Release On Own Recognizance. If the judge is convinced the defendant is not a risk, he may release the defendant on his own recognizance. Surety Bond. The bail agent guarantees to the court that they are responsible for the bond if the defendant fails to appear. Property Bond. The court records a lien on the property of the defendant to secure the bail amount.
2. Denhardt, Susan: DWI cases, drug offenses, juvenile delinquency cases and criminal defense cases
3. Grant, Paul: DUI Defense at License Suspension Hearings If you were arrested for DUI in the state of Utah, you are subject to an automatic suspension of your driver's license. To challenge your driver's license suspension, you must request a hearing with the DMV within 10 days of your arrest. Due to strict new laws, the duration of DUI license suspensions has increased. If you are 21 or older, a first time DUI conviction can result in a 120 day suspension. Your driver's license suspension could be even more significant if you are convicted of a second DUI offense or underage drinking and driving, if you refused to take a breathalyzer test, or if other aggravating factors are present in your case.
4. Nichols, Wadsworth & Arnold: all state and federal criminal charges, including DUI, underage DUI, DUI metabolite, criminal trespass, serious traffic crimes, drug possession, drug trafficking, drug manufacturing, computer crimes, fraud and white collar crimes, burglary and robbery, assault, domestic violence and all other violent crimes.
5. Gubler, Douglas: # DUI # Assault # Domestic Violence # Possession of Drugs # Distribution of Drugs # Theft # White Collar Crimes # Felonies and Misdemeanors
6. Gustin, Susanne: give your case the attention it deserves
7. Vinh Ly: You should consult an attorney for individual advice regarding your own situation.
8. Jardine Law Office: In Utah, drivers charged with DUI have only 10 days to request an administrative hearing to challenge the charge. If you do not take advantage of this option, your driverÕs license will be suspended.
9. Catherine Cleveland:

   ¥ What is DUI?
   DUI is shorthand for Driving Under the Influence. A person is guilty of DUI if he or she drives or is in actual physical control of a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired or when his or her blood alcohol level (BAC) is above the legal limit for the state.
   
   ¥ Is there anyway to avoid a DUI?
   It sounds simple, but don`t drink and drive. Take a taxi, designate a driver, walk, call a friend, but no matter what, do not drink and drive.
   
   ¥ Can I still be in trouble for driving, even if my BAC is below the legal limit?
   Yes. It is also unlawful to drive with your normal faculties impaired. Normal faculties are those faculties of a person, such as the ability to walk, talk, judge distances, drive an automobile, make judgements, act in emergencies, etc.
   
   ¥ Does the car have to be moving for me to be guilty of DUI?
   No. You can be arrested for DUI by driving while over the legal BAC in your state or while impaired. But, you need not actually operate the car in order to be arrested. You can still be found guilty if you had the capability and power to dominate, direct, or regulate the vehicle, regardless of whether you were exercising that capability or power at the time of the arrest. In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI by being in actual physical control of the car.
   
   ¥ Do I have to submit to a breath, blood, or urine test?
   No. However, refusing such tests is generally not a good idea. The laws of most states permit the motor vehicle department to suspend your privilege to drive. In addition, your refusal to submit to a test upon the request of a law enforcement officer is admissible in any criminal proceeding against you as evidence of you consciousness of guilt.
   By accepting the privilege extended by the laws of most states to drive, the courts have determined that you have given your consent to submit to an approved chemical or physical test of your breath for the purposes of determining your BAC, and to a urine test for the purposes of detecting the presence of drugs. Therefore, when you sign your name on your license, you are saying that if stopped for a possible DUI, you will accept to take the test.
   
   ¥ Can I fight my DUI arrest?
   Yes. You may request a review of the driver`s license suspension by the department of motor vehicles within 10 days following your arrest. At a formal review, the hearing officer is authorized to administer oaths, examine witnesses and take testimony. If you request an informal review hearing, it shall consist solely of an examination by the department of the written materials submitted by the arresting officer, as well as anything you wish to submit. You generally cannot attend an informal hearing.
   
   ¥ If I am arrested for a DUI, will I lose my license?
   Yes, the law enforcement officer will seize your license if you are arrested for DUI with an unlawful BAC or after you refused to submit to a chemical or physical test. Your license will be seized, and the officer will issue you a traffic ticket, which acts as both a temporary driver`s license and as your notice of suspension.
   
   ¥ How long will I lose my license?
   This will vary from state to state. However, if you have refused to submit to a chemical or physical test, your license will likely be suspended for a period of one year for a first refusal, or for eighteen months if you have previously refused to submit to such a test. If you have an unlawful BAC, your driving privilege will likely be suspended for six months for a first offense, and one year for a second offense.
   
   ¥ What else will happen to me?
   Once again, this varies from state to state. But more than likely, you will be given a jail term. Most states require a mandatory one-night stay on the first offense. In addition, most second offenses within five years, results in a mandatory 30 day jail term and a third offense usually results in a sentence of no less than ninety days. Furthermore, your insurance company may discontinue its coverage or at the very least, assign you to a high-risk category, resulting in a substantial increase in your premiums.

10. COOK, SKEEN & ROBINSON:

    
    IF YOU HAVE BEEN ARRESTED FOR DRIVING UNDER THE INFLUENCE IN UTAH, A A DUI ATTORNEY WILL PROTECT YOUR RIGHTS! If you have been arrested for DUI, contact a Utah DUI attorney for a free initial consultation in which you can discuss your options with an attorney. The decisions you make from the time of arrest for DUI / DWI violations are critical. Drivers convicted of driving under the influence may be subject to:

    License suspension or loss of driving privileges
    Fines
    Jail or prison time
    Ignition Interlock Device requirement
    Enhanced consequences for later offenses
    Embarrassment
    High automobile insurance rates
    Felony or misdemeanor criminal record

    A Utah DWI / DUI defense lawyer will explain the law concerning:

    Implied consent
    Refusal to test
    Sobriety checkpoints
    ÒNot a DropÓ juvenile DUI
    Measurable Amount of Metabolized Marijuana (MAMM)
    DriverÕs license hearings
    DUI and the Òthree-strikesÓ law
    Felony drunk driving
    ÒUnder the InfluenceÓ definition
    Speed measurement

    YOU NEED TO TAKE ALL NECESSARY STEPS TO ENSURE THE BEST OUTCOME POSSIBLE FOR YOUR CASE.
    Utah DUI charges or other criminal charges sometimes can be reduced or dismissed if the right steps are taken by your lawyer. If you have already been convicted or have pled guilty to a DUI offense, it is important to have representation at sentencing and regarding restoration of your driving privileges.

11. Culbertson Law Office: Without the professional and seasoned advice of an attorney, criminal charges and accusations can be threatening. Every individual involved in the criminal justice system chances losing the protection of fundamental rights and risks their future by acting without knowledgeable legal advice. Criminal law matters are serious and can be complicated. Trust your best interests to experience.
12. Druyon Law Offices: Consequences for misdemeanors and felony convictions are entirely different. A defendant must understand which crime he has been charged with in order to understand what will happen f convicted. Generally, a misdemeanor crime is punishable by up to one year in county jail. Misdemeanor trials are held in the state's lower court, sometimes referred to as Justice Court.  Examples of misdemeanor crimes include drunk driving, disorderly conduct or shoplifting. A felony crime, on the other hand, is punishable by one year or more in state prison or a penitentiary. Felonies are only handled in the District Court.   Sample felony crimes include murder, rape, or armed robbery. The misdemeanor and felony arraignment processes are virtually identical to one another.  It is recommended that the defendant receive legal representation prior to arraignment. A public defender may have little time to review the case before arraignment, or may not even be assigned the case until arraignment. Preparation is key to a successful defense. A private attorney can meet with the defendant prior to arraignment, review the case, and provide the defendant with step-by-step options prior to the arraignment process.
13. Ashworth Hunt: If you have been charged with a DUI, you must get to our office as soon as possible. It is possible for you to gain a hearing in front of the driverÕs license division of the Department of Motor Vehicles. This hearing may aid in charges being dismissed or never being officially filed. However, you only have 10 days to get this hearing after you have been cited for drunk driving. This is why is it so important that you gain legal representation immediately following the incident in which you were stopped.
14. Long, Larry: Most people convicted of a DUI are unfamiliar with the DUI law and as a result are unfairly pursuaded by the arresting officer and the prosecuting attorney to plead guilty, thereby giving up their right to defend themselves. Everyone is entitled to a vigorous defense of their rights regardless of the charges.