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Criminal Law in Utah

| Staff | Blog
Negotiating with a judge

If you are accused of a criminal offense in Utah, you need a criminal defense attorney. When faced with a criminal charge, you must engage a law firm to protect your legal rights. A criminal lawyer is needed to navigate the often complex criminal justice system. Whether you’re charged with felony or misdemeanor charges, homicide, white collar, drug, juvenile, internet, DUI, or sex crimes, you need an experienced criminal lawyer who will offer counsel with your best interests in mind.

Criminal law encompasses many different types of cases. We handle both federal and state criminal matters.

What Happens if I’m Accused of a Criminal Offense?

Contact an experienced criminal defense lawyer if you’re charged with a criminal offense in Utah. If you’re faced with a criminal charge, you need a respected criminal defender in your corner as soon as possible. If you’re facing a serious charge, look for a criminal lawyer with relevant experience and a good reputation.

Your choice of a criminal defense law firm may impact your freedoms and future choices. An experienced and trusted defense lawyer will assist you with local, state, or federal law enforcement representatives or agencies in an investigation. They will present your case before a grand jury, appear at any and all court proceedings from start to finish. Once you retain an experienced criminal defense lawyer, you’re not alone. You have trusted representation.

What Types of Criminal Offenses Do People Face in Utah?

Some of the types of criminal offenses our criminal defense clients face in Utah include simple or aggravated assault, automobile homicide, discharge of firearms, environmental crimes, exploitation of a minor, communications fraud, gang-related crime, enticing a minor, bad check issuance, rape/child rape, robbery, capital cases, domestic violence, sex abuse of a child, death penalty certified, aggravated sexual solicitation, accident/injury, negligent homicide, failure to register as a sex offender, burglary/robbery, aggravated arson, drug possession/intent to distribute, drugs, federal and state crimes, solicitation of a minor, driving under the influence (DUI), securities fraud, conspiracy, forgery, identity theft, credit card fraud, sex crimes, theft, manslaughter, and more.

What is Record Expungement in Utah?

You may have questions about record expungement in Utah. The process involves sealing your criminal record from public scrutiny. While it doesn’t eradicate your conviction or prior arrest, it means that only you and specific government officials have access to your record. To almost all others, your criminal investigation, arrest, conviction, or detention didn’t happen.

The benefits of record expungement in Utah include:

  • Removal of the matter on your criminal record
  • Ability to state that you weren’t convicted of a felony or misdemeanor on housing or job applications
  • Restoration of some rights forfeited after a conviction

There are two situations in which you may have your records expunged in Utah. Your arrest may qualify for expungement if charges weren’t filed against you, you were acquitted, the case was dismissed, you were arrested 30+ days ago, and you aren’t charged with other criminal matters.

If you were previously convicted in Utah, it’s possible to expunge your misdemeanor under the Utah Traffic Code in 10 years; your felony under Utah Controlled Substance Act in 10 years, and other felonies in seven years. You may request expungement of your Class A misdemeanor record in five years, your Class B misdemeanor record in four years, and other misdemeanor or infraction records in three years.

If you were charged with felony DUI or vehicular homicide or your prior conviction requires you to register as a sex offender, your criminal record in Utah will not be expunged. If you are a repeat offender or were convicted of violent crimes, e.g. first-degree or capital felony matters, your petition for expungement may be denied. In that case, you may petition for pardon.

To expunge your criminal record in Utah, you need a Certificate of Eligibility issued by the Utah Bureau of Criminal Identification. They will ensure that you qualify. In that case, you will receive a Certificate of Eligibility to expunge your record. After you receive the certificate, your lawyer can file a petition with the court in which your case was first heard.

Although expungement in Utah applies to criminal charges, the matter of petitioning is a civil case. You must win the court case before the expungement order is issued. If you want to expunge records in Utah, you need an expert attorney to guide you through the process.

Where Do I Find a Criminal Defense Attorney in Utah?

When you’re accused of a crime in Utah, you face the most difficult challenge of your life. You need sound legal advice, compassion, and advocacy. Contact TR Spencer Law Office to schedule a case evaluation.