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Fight Your Felony!
Don't kid yourself. A felony charge represents the collective power of the State of Utah trying to put you in prison.
If you have questions, email us through our web form.
Avoiding Felony
Conviction in Utah
The Felony Process in Utah
You cannot overestimate the severity of a felony conviction in Utah. A felony is the most serious type of crime and, in Utah, is defined as a crime which has a potential punishment of one year or more in prison. Common Utah felony charges include murder, possession of narcotics, rape, assault, arson and theft. Felony convictions mean substantial time in a Utah state prison; restrictions on a person's freedom during parole; and collateral consequences like difficulty finding a job.
If you've been arrested or are under investigation for a felony, now is the time to fight back. We will protect your rights from through the entire felony process, including:
- Bail Hearing
- Preliminary Hearing
- Arraignment
- Trial
The paragraphs below briefly explain each of these stages.
Bail Hearing
In Utah, the first step in a felony case is bail. A judge sets bail to insure an your appearance throughout a case. Our goal is to get you the smallest bail possible or none at all.
We gather and present evidence showing your firm roots in Utah. We also encourage conditions like pretrial supervision to get you out of jail quickly.
Preliminary Hearings
A preliminary hearing (commonly called a "Prelim") is a proceeding where the state of Utah (represented by the county District Attorney) must prove they have probable cause to file charges against you.
As a general rule we request a preliminary hearing in almost every felony case. This hearing gives us a preview of the State's case; it allows us to examine and cross-examine witnesses; we are able to show cracks in the State's case to gain the upper hand in plea negotiations; and if State fails to put on enough evidence, we can stop the charges there.
Arraignment
An arraignment is where you enter your plea to the charges. While your plea is always "Not Guilty," this hearing gives the State of Utah the chance to offer a good plea agreement.
The Trial
Everything we do is geared towards trial. Here is your day in court, the opportunity to confront the witnesses against you. Our job is to show your jury that reasonable doubt exists. This means that the facts are not as the government alleges. Whether that means actual innocence or simply contradicting facts (such as self-defense, improper charges, insufficient evidence) is determined on a case by case basis.
Regardless of how we get there, our goal is to win. We want to return your to your family and return you to your life.
Call us or write us so we can begin defending you today!
In Utah, what are the punishments for felonies?
Utah classifies felonies in four categories: Capital, First, Second, and Third degrees.
The felony category determines the sentence.
- Capital felonies (like murdering a police officer) are punishable by death, 25 years to life in prison, or life in prison without parole.
- First degree felonies (like aggravated sexual exploitation of a minor) are punishable by 5 years to life in prison and a fine of no more than $10,000.
- Second degree felonies (like robbery) are punishable by 1 to 15 years in prison and a fine of no more than $10,000.
- Third degree felonies (like theft of more than $1,000 but less than $5,000) are punishable by 0 to 5 years in prison and a fine of no more than $5,000.
What does X-to-y sentencing mean?
When punishing felonies, Utah uses indeterminate sentences. That means the time a person must spend in prison is from X (the minimum) to Y (the maximum). So on a 0-5 sentence, a convict avoid prison all together.
Once in prison, the sentence is controlled by the Utah Board of Pardons and Parole. The Board can parole a person; it can also terminate or commute a sentence.
Collateral Consequences
In Utah, unlike most states, unincarcerated convicted felons can vote. But convicted felons cannot possess firearms or ammunition, cannot qualify for many professional and specialized licenses.