First Time Offender Utah Criminal Defense Attorney–Jake Gunter
Have you been charged with a Utah crime? Are you a first time offender? Is this the first time you have ever been accused of a crime? The first time offender criminal defense attorneys at Howard Lewis & Petersen, PC can help you defend your reputation.
Here are some very helpful hints if you are accused of a Utah crime:
(1). Remain Silent. Assert your United States Constitutional and your Utah Constitutional right to remain silent. You do not have to talk to the police and it is not a crime to remain silent. Upon being approached by the police you will need to show them identification, if they ask for it. This Utah law is based on a Utah statute and the police must have reasonable suspicion to ask for your identification. This author believes the law is unconstitutional, but as of 10/2017 this law is still on the books.
The police are busy and the only reason they are talking to you is because they think you may know something about a crime, or that you are the offender or you may be the offender. It is best to just respectfully remain silent and assert your legal rights to an attorney.
(2). Be Respectful but Firm. You need to be respectful to the police officer, but firm. You do not want to be rude, violent or loud with the police. It will not get you anywhere and the police relay this information to the prosecuting attorney who takes these things into consideration regarding any plea bargain that may occur.
(3). Hire a Utah Criminal Defense Attorney. You should immediately hire a Utah criminal defense attorney to act as your shield and intervene between you and the police. Once you hire a Utah criminal defense attorney, that Utah criminal defense lawyer will place the police on written notice that you are represented by counsel. Once you hire an attorney the police cannot talk to you unless your attorney is present.
(4). Do not Consent to a Search. There is nothing illegal about not consenting to a police search of your body, your car, your house or your papers and effects. You cannot be charged with obstruction when you assert your constitutional rights. Lots of people fight for these rights and you should learn your rights and assert your rights.
(5). Pleading Guilty without an Attorney. This author sits in court weekly and watches people without a criminal defense attorney plead guilty to charges at the first court hearing. This is a big mistake. You should rarely, if ever, plead guilty to Utah criminal charges at the first court hearing. Most likely you have not reviewed the police report, witness statements, video or spoken with a Utah criminal defense attorney who can advise you of your constitutional rights.
First time offenders under the law have some special options available to them. A good Utah criminal defense attorney can explore potential diversion agreements, trials or plea in abeyances.
