Criminal Defense

The primary role of a criminal defense attorney is to represent clients and/or organizations who have been accused of criminal misconduct.

Criminal charges can have severe effects on an accused person’s finances, freedom and rights. Convictions can results in jail time, prison, fines, treatment, loss of driving privileges and gun ownership rights, and property forfeitures. A dismissal is the goal of every criminal case. But even when a dismissal is not obtained, there are many more benefits of having an experienced and qualified defense attorney on your side. A criminal defense attorney may be able to assist a defendant in avoiding or minimizing these negative consequences. An attorney can also explain the process, ensure that the state follow the proper procedure and recommend the best course to navigate through the case.

Criminal defense is among the most challenging areas of law, and protecting the rights and interests of defendants requires substantial skills, experience and local expertise.

Drug-Related Criminal Defense

Individuals convicted of drug-related crimes can expect strict penalties and undesirable consequences. A criminal defense attorney can assist you with how to best defend your case whether it be to attack the validity of the search or seizure, warrant or confidential informant that led to the charges.

Although marijuana has become legal in may surrounding states, it remains illegal for recreational use in the State of Utah. Whether your case involves simple possession or possession with intent to distribute, there are specific defenses we can explore in the case in order to obtain the best result. Marijuana remains one of the most charged classifications of drug cases in the state.

Possession of “hard’ drugs such as methamphetamine, cocaine, heroine, mushrooms are often treated more seriously by the state. If you have been caught in possession of any such substance, we can discuss how the state found the drugs, what the best defense would be and what you can do to minimize the consequences of the situation.

Here are just some of the consequences associated with drug-related crime:

Drivers License Consequences –
If you’ve been convicted for drug possession, or an attempt to commit a drug-related crime, you may have your drivers licence suspended for a period of 6 months. If you are able to obtain a Plea in Abeyance, this consequence may be avoided. It is important that your attorney be in the best position possible to obtain the Plea in Abeyance from the prosecution. A judge does not have the authority to give you a Plea in Abeyance without consent of the prosecution.

Deportation –
For individuals who are not U.S. citizens, a simple marijuana possession charge can result in ineligibility for citizenship, or even deportation.

Loss of Job –
A conviction for a drug-related offense can result in the loss of your professional license, depending on your job field.

Ineligible for Government Aid –
Convictions which are drug-related can make a person ineligible for certain forms of government aid, including financial aid for higher education.

How can I avoid a drug-related conviction?

1. Motions to Suppress: The first option for avoiding a drug-related conviction, is to have said charge dismissed on a Motion to Suppress. Find an attorney with extensive experience successfully understanding search and seizure law and in advancing search and seizure defenses at evidentiary hearings. In reviewing the police report, he will be able to explain to you any possible weaknesses or illegalities in your case and will advise you on how to move an aggressive defense forward.

2. Plea in Abeyance: Assuming there is no basis for have the case thrown out on constitutional grounds, the next option would be to negotiate a Plea in Abeyance to the charges. This is a great option for first-time offenders and for cases where the defendant has shown that there is little risk of recidivism. The net result of a Plea in Abeyance is a full dismissal after the defendant has completed any agreed upon terms. After the dismissal, the attorney can discuss your options regarding Expungement of the offense. A Plea in Abeyance is a customized solution with the terms being fully negotiable. No two cases are the same. The best solution for your case takes into account the facts, your needs, you as a person and can be tailored to your needs.

Drug Possession Charges

A conviction for drug possession in Utah, even for a small amount of marijuana, can result in very serious consequences. That said, it is highly worth your while to hire an experienced criminal defense lawyer to defend you.

When you hire a criminal defense attorney:

Assessment of the Case –

A top-notch and well educated defense attorney will take the time to assess each and every case thoroughly. This includes taking into account all aspects of the case. Regardless of whether or not the defendant is at fault, the criminal defense attorney must handle the case with knowledge, a smart and methodical approach, as well as suggesting all measures to tackle the problem.

Information Collection –

Criminal defense attorneys will collect as much information as possible regarding the case and individual they are representing. Often, when necessary, the defense attorney will visit the scene of the crime in order to collect proof, or other valuable information, which can be used to strengthen the case. If the case involves witnesses, the attorney will speak with them to gather useful information.

Updating Clients Regularly –

Part of being a criminal defense attorney, is to appear in court promptly, without any delay, whenever their presence is requested. In addition to that, a good defense attorney must update his client regarding all progress related to the case.

Knowledgeable and experienced –

In order to protect the client’s interests and produce a positive outcome, criminal defense lawyers must be extremely knowledgeable in regards to the laws and appeals that will be used when representing a client. In-depth knowledge regarding their client’s rights are a must, so that your attorney can emphasize on these facts while dealing with the prosecution.

Capable of Analyzing Situations Properly –

Criminal defense attorneys must be capable of analyzing, as well as judging, a situation property and thoroughly. This is due to the fact that an attorney’s responsibility includes identifying any and all loopholes in the prosecution’s case, and figuring out the proper strategies they can leverage to support the defendant and get his charges lowered or dismissed.

Managing Stressful Situations –

As a defense attorney, working hours may fluctuate. The attorney needs to be able to handle stressful, unexpected situations and be willing to devote himself to his duties.

Prior to hiring a criminal defense attorney, it is critically important to know and understand his roles and responsibilities. This is so you can keep proper track of his work and progress, and better understand your case and situation as he updates and explains it to you. Since a criminal defense attorney plays a majorly important role in the legal system, it’s important to hire one who is committed to his roles and responsibilities, so that you, as the defendant, can get a fair judgement.