Sharon Preston:
What type of sentence may the
defendant expect to receive?
There are a myriad of sentencing
options for the judge to consider. Sentencing is based on the
nature of the case, the defendant's past history, and the
defendant's threat to the community. Some sentencing options
include jail time, probation, fine, community service, treatment
or imprisonment in a penitentiary.
Why should the defendant plead
guilty?
Sometimes the best result is a
guilty plea. By avoiding a possible court trial, the defendant
may plead to a lesser charge and therefore avoid a potential
stiffer penalty. Most judges will offer a lighter sentence in
exchange for a guilty plea at the arraignment. In addition, a
guilty plea speeds the process forward and eliminates a long,
drawn out trial process.
Will people know the defendant
has a conviction on his record?
A conviction is public record and
may be reviewed by the general public. The ability to expunge a
conviction varies from state to state depending on the nature of
the crime.
How long does a misdemeanor trial
take?
A misdemeanor trial may take
anywhere from one day to two weeks.
Is a misdemeanor conviction
public record?
Yes.
How long does a felony trial
take?
The length of a felony trial
depends on the nature of the case. Generally, felony cases take
between two months and one year to complete.
Is a felony conviction public
record?
Yes.
Do I have to talk to the judge or
jury?
No. The defendant has a
Constitutional right to remain silent. Whether to put the
defendant on the witness stand is a decision the defendant and
his attorney must make. Defense attorneys agree that it is
sometimes better to keep the defendant off the witness stand,
except in special cases. Once the defendant testifies, he opens
himself to cross-examination by the prosecution. Because of this
Constitutional right, the judge will instruct the jury that the
defendant's failure to testify must not be considered in any way
a sign that the defendant is guilty. Of course, if a defendant
is entering a plea or accepting a plea bargain, he must answer
the judge's basic questions with regard to his understanding of
these actions.
Why do I keep seeing different
attorneys and judges?
It is important that the
defendant be comfortable with his legal team. A defendant may
have one attorney or several, as each may be a specialist in a
different area of law pertaining to the case. Prosecuting
attorneys may work in teams as well. The defendant may appear
before several judges throughout the process.
Is the police officer coming to
court?
The police officer is a member of
the prosecution's team. He will come to court only if the
prosecutor wants him to. The police officers and the prosecutors
work together to present a case against the defendant. In some
cases, if the police officer fails to show in court, the case
may end in a dismissal.
When do I bring witnesses to
court?
Witnesses may be key allies to
the defense. The defense attorney is responsible for gauging the
proper time to introduce witnesses in court. Witnesses usually
first appear during trial.
What rights do I have at the time
of arrest?
The Miranda rights for each
citizen and non citizen are guaranteed by the United States
Constitution. They are not required to be issued by police at
the time of arrest. If this happens, your lawyer may ask that
any statements made to the police not be used against you in
court. These rights include the right to remain silent, the
right to a lawyer present while you are questioned, and the
right to an appointed lawyer if you cannot afford one.
When do I tell my story?
The defendant's story is a
critical piece of information that helps the judge and jury
decide a case. The defendant presents his story to his attorney.
After that, the attorney will tell the defendant's story. It is
critical to remember that what the defendant says may be used
against him. What the defense attorney says will not be used
against the defendant. Of course the trial is the primary period
of time where the defendant has the opportunity to present his
story.
Can I be questioned once issued
my rights?
Yes. However, you can change your
mind at anytime.
What if I don't show up? Can my
attorney represent me?
The defendant's attorney may
represent his client at different stages of the criminal
process. The defendant must check with his attorney for when the
defendant must appear. If the defendant cannot appear, the
defendant must contact his attorney or the courtroom clerk
immediately.
What is the difference between
federal and state laws?
Federal laws supercede state laws
when the two come into play against one another.
May I appeal a decision?
Every decision can initially be
appealed. The defendants attorney will present the defendant
with a complete appeals process. Appeals may be heard from both
the state and federal level to the U.S. Supreme Court.
How do I appeal a decision?
Each state has different laws and
timelines. Normally the defendant has between seven and ten days
from final judgment to file an initial appeal.
How many times may I appeal?
The appeal process begins with
the next highest court and ends when the highest court, either
the state supreme court or the U.S. Supreme Court, decides not
to hear the case.
What is the time frame to appeal?
Each state has a different time
frame. Consult with an attorney. The rule of thumb is that
appeals should be processed as soon as possible after
conviction.
How can I withdraw my plea?
The defendant may withdraw a plea
by bringing a motion to withdraw a plea. A written motion has to
be filed. In some jurisdictions the attorney prepares a written
motion. In others, a court clerk will provide a form. In either
case, the written document must be filed and a hearing for the
request takes place.
May I represent myself without
the benefit of an attorney?
Any defendant can represent
himself without the benefit of an attorney. But, it it advisable
to get an attorney to represent you even for minor criminal
charges.
When can a police officer conduct
a search?
As long as you provide consent an
officer can make a search. Or, the officer can make a search
upon presentation of a search warrant.
When can an officer search you or
your possessions without a warrant?
An officer can conduct random
searches of the car, body and home upon probable cause. An
officer can search your car in an emergency or for probable
cause. Home searches are confined to the area the defendant is
taken into custody. Body searches can occur at the time of
arrest.
How can I get bail reduced?
Bail is set at the time of
arraignment. It is determined by the seriousness of the defense.
Bail is not mandatory. The judge has the right to refuse to
issue bail. The defense attorney may bring a motion to reduce
bail during any proceeding in front of the court. The judge will
look at factors such as family history, background, professional
responsibilities, past criminal history, and circumstances
surrounding the case.
What if I don't like my public
defender?
A request for a new public
defender is rarely granted. The defendant's rights are limited
to the appointment of an attorney and not to the attorney of
their choice. The defendant must prove to the court that
representation is sub-standard, even incompetent. That may be
done through claiming personality conflicts, or differences in
communication, ethics, strategy, or through a potential bias.
What if I think the judge or
prosecutor is biased?
The defense attorney may ask the
judge to recuse himself (withdraw from the case) or he may file
a motion with the court. In some states it is the automatic
right of the defendant to recuse a judge on the basis the
defendant believes the judge to be biased.
A
mandatory 2 day jail sentence, 6 month jail sentence, suspended
license, revoked license, pretrial arraignment, and ignition lock
device are all potential penalties associated with a DUI charge.
If
you have a blood alcohol level of .08 or higher you will be charged
with a DUI. However, blood alcohol levels below .08 can also be
deemed as unsafe driving and result in an unsafe driving charge.
Utah
has some of the most severe DUI penalties in the country. A first
time offender can find themselves facing stiff penalties such as a
mandatory jail sentence and a hefty fine. Driving under the influence of
alcohol is a serious offense, and the state of Utah is known for its
enforcement of these offenses. One way in which they do this is
called an interlock device. This does not allow someone who has
been convicted of a DUI charge to start their car without blowing into
a blood alcohol monitor.
A
DUI conviction can also result in an inability to work. In all
DUI cases, work permits are not allowed, and motor vehicles can not be
operated. Clients, who work construction, taxicab drivers, or bus
drivers, are all in jeopardy of not being able to work if they are
convicted.