Facing a criminal or DUI charge? Branson West Law is an experienced attorney that can help you understand your charges and how to avoid jail time. Follow this guide to learn more.
Expert Advice from Branson West Law
How to Avoid Jail Time in Utah
Smart Steps You Can Take When Facing Criminal or DUI Charges in Utah
Facing criminal charges in Utah can be overwhelming, and the consequences can be life-changing if you’re not careful. Many people worry about the possibility of jail time, but there are steps you can take to protect yourself and improve your outcome. Understanding your rights, making strategic decisions, and having the right legal support are all critical in navigating the system.
If you’re looking for expert guidance on how to avoid jail time in Utah, Branson West Law is here to help. Learn more below and discover the strategies that can protect your future and give you the best possible outcome.
How to Avoid Jail Time in Utah
Follow these steps to protect yourself when facing criminal or DUI charges in Utah:
Having an attorney makes all the difference in the world, even if you're guilty. Most people think that if they committed the crime there is nothing an attorney can do. They're wrong. If you choose to give up your constitutional rights, you should get something in return. Often times, even if your case is bad, an attorney has control over sentencing and can keep you out of jail. Having the right person fighting for you is critical.
If you plead guilty, a judge is required to sentence you, and may impose harsh punishments, including jail time. The judge will have very little opportunity to get to know you or know why you deserve a break. The only way you can avoid this is by pleading NOT GUILTY. Do not be fooled. Pleading not guilty does not mean that you didn't break the law. It doesn't mean that you are lying or not accepting responsibility for your actions. It simply means that you are exploring your alternatives and making sure you get the best possible outcome. You can still plead guilty later, if you change your mind. But if you plead guilty up front, you can never go back! Don't give your rights up!
By hiring the right attorney, you can get charges reduced or dismissed. This is usually one of the best ways to avoid jail time. You need someone who knows the prosecutors and the judges and will know what to expect for you. If they won't give you the deal you need, you need someone who will fight until they do, or you beat the charge!
If all else fails, get an evaluation. Most cases involving drugs or alcohol will require a substance abuse evaluation and/or treatment, regardless of how the case is resolved. If you proactively get that done it will accomplish two things:
- a. it will allow you to pick the place you want based on location/price/people/ etc.
- b. it will show the judge and prosecutor that you are not a danger to yourself or the community, that you are responsible, and will never be in trouble again. It's a GREAT way to convince a hesitant prosecutor to give you a deal, including no jail time.
Frequently Asked Questions
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 attorney may ask that any statements made to the police not be used against you in a Utah Court.
These rights include:
- the right to remain silent
- the right to a lawyer present while you are questioned
- the right to an appointed lawyer if you cannot afford one.
An arrest can be frightening and stressful. Don't hesitate to call {phone} for a free and confidential consultation or to get all your questions about your rights answered.
Even if your significant other does not testify, there can still be a case against you. If they refuse to testify, they become unavailable witnesses, but their previous statements can still be used against you. If they filled out a report on the date of your arrest, that report can be entered against you, and may be worse than if they testified at your criminal trial.
Unfortunately, the victim does not represent the government or Utah Courts. Although they are required to consider the victim's circumstances and wishes, the prosecutors ultimately represent the people of Utah and the respective cities--not the victim. They are not paid by, nor do they represent the victim, or the police, for that matter. Even if the victim, or any other involved individual wanted the prosecutor to drop a case, the decision to do so still belongs to the prosecutors.
Unfortunately, providing character witnesses won't convince a prosecutor to drop your criminal or DUI charges. Most people can find someone to vouch for them if it comes down to it. Whether or not you are a good person is not the question. You may be a valuable contributor to society, but that ultimately will not matter to the prosecutor. Their job is to evaluate the evidence and get a conviction where possible. Save your breath and hire an experienced criminal defense attorney!
This is something I hear all too often. Sometimes well-meaning cops make mistakes and sometimes they let their emotions get the best of them. Either way, this is a great reason for a criminal defense trial in Utah. Just because they said you did something, doesn't make it true! Assert your rights and fight for the truth at your trial! You would be surprised how often a jury won't believe a policeman. Do they face consequences for lying? Not unless you fight them. Make them come to court and defend their lies. You have a right to testify, if you choose, and your word is just as valuable as theirs!
Important Deadlines for Your DUI Case
While being charged with a DUI can be overwhelming, it’s important not to let the chaos distract you from two crucial deadlines. These deadlines come up quickly and missing them can result in severe consequences.
The 10 Day Deadline
You have only 10 calendar days from the date of your arrest to request a hearing with the Driver License Division. If you miss this deadline, your license will be automatically suspended, no matter how strong your case is. Unfortunately, no attorney can reverse this once the deadline passes.
The 5-14 Day Deadline
You must also contact the court within 5 to 14 days of your arrest. Failure to do so will result in the court issuing a bench warrant for your arrest. This could mean an officer showing up at your home or workplace to take you into custody.
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Branson West Law knows the Utah courts inside and out and has handled thousands of cases where jail time was a possibility. He will carefully review your case and the circumstances surrounding it, craft a strong defense, and aggressively fight the charges to help you achieve the best possible outcome.
Contact Branson K. West today to schedule your free, no-obligation consultation.