Weber County Criminal Defense Lawyer Archives - Ogden Criminal Defense Lawyer

Justice Court v. District Court in Utah

Todd Peterson — Wed, 30 Dec 2015 21:40:42 +0000

In Utah the adult criminal justice system is divided primarily into two courts, the justice court and the district court. Depending on the level of charge an individual is facing they were either be in the District Court or the Justice Court and there are many similarities between the two but there are three main areas where they are distinct.

Level of Offense

The first thing to consider is what separates justice court criminal charges from district court criminal charges. In Utah all class B misdemeanors, class A misdemeanors and infractions are handled in the justice court. Everything above a class B misdemeanor, so class A misdemeanors and felonies are handled in the district court. Due to this distinction the process of the district court are normally a little more rigid as they are dealing with more serious offenses. In a couple jurisdictions in the state, such as Layton and Bountiful, there are no justice courts and all criminal charges are handled in the district court.

Hearings in Justice Court and District Court

The next thing that separates justice courts from district courts are the types of hearings that are required in the process of a criminal case. In the justice court the procedural history will normally start with an arraignment (which can be waived if you have counsel), and then move right to a pretrial conference before ultimately going to trial. In District Court on the other hand the process starts with an initial appearance (this cannot be waived by counsel), and there is an additional hearing called a preliminary hearing that is not required in justice court proceedings. The preliminary hearing a stage where the prosecutor must show to the court that there is sufficient evidence to continue with the case. The preliminary hearing involves an extremely low burden on the prosecutor and the majority of cases are “bound over” for trial, meaning they move forward with the process until the Defendant either takes a deal or goes to trial.

Appeal

Finally, the courts differ in how their decisions can be appealed. The justice court is not considered a court of record in Utah which means their decisions can be appealed to the District court as de novo proceedings. What that means is the district court simply starts the entire process over of the case, they are not reviewing the justice courts decision to see if they did everything right they just start fresh. So if an individual is convicted of a crime in the justice court and they file an appeal then the case is moved to the district court and process starts over with a new judge in a new court. In district court, on the other hand, an appeal goes to the court of appeals and they review the case to see if the district court did something wrong, and they do not start the process over, and as such it is not a de novo review.

Ogden Criminal Defense Attorneys

If you are facing criminal charges in either the justice court or the district court then you should call the attorneys at Ogden Criminal Defense for help. Our attorneys work in all levels of court in Northern Utah and we can help protect your rights.

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Taking a Case to Trial in Utah

Todd Peterson — Fri, 05 Jul 2013 16:01:45 +0000

A lot of people think that what lawyers do for work is what they see portrayed on t.v. in law and order shows or Matlock. As usual, however, reality is not really the same as what we see on t.v. and that is definitely the case for criminal defense lawyers. The t.v. shows almost solely depict trial proceedings and the reality is that most cases never go to trial, instead most cases settle before trial because of the huge incentives on both sides to avoid trial. In criminal cases the prosecutor will usually offer the defendant a plea bargain, which gives the defendant an opportunity to avoid the uncertainty of trial while allowing the prosecutor to still get some level of a conviction without all the work of a trial.

The Trial Process

If the parties cannot come to an agreement, however, then they must take the case to trial. The first step in the trial process is deciding who the decision maker will be as to the facts of the case. In Utah if the defendant is being charged with a crime that is a class C misdemeanor or greater then they have the right to a jury trial. If the charge is only an infraction then only the judge can decide the case. In every case however you can decide to have the judge decide the case instead of the jury. Once the decision maker set and the jury is selected if there is going to be one, then the prosecution puts on their case, meaning they have the burden of proving that the defendant is guilty beyond a reasonable doubt. The defense has a chance to cross examine the witnesses called by the prosecution and then at the end they have the opportunity to put forward their defense and call any witnesses they would like as well. After both the prosecution and defense rest, the case is turned over to the decision maker to decide whether or not the defendant is guilty or not. If the defendant is found guilty then the judge will conduct sentencing, usually at a later hearing, but the jury never sentences the defendant only the judge, even in a jury trial.

Utah Criminal Trial Attorney

If you are being prosecuted for criminal charges and would like to take your case to trial then call the trial attorney’s at Ogden Criminal Defense Lawyer. Our lawyers have been through the trial procedure and can help you in your case to understand the process and defend your rights. Call or email us today to find out more.

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Suppressing Evidence in Utah DUI Cases

Todd Peterson — Mon, 29 Apr 2013 22:36:48 +0000

In Utah DUI cases are prosecuted very heavily, in fact Utah is one of the worst states to be charged with a DUI because there is such little leeway for defendants. Two scenarios where DUIs are especially difficult to fight are when the charged individual has a high BAC or when its a second DUI. In Utah a second DUI means a mandatory 10 days in jail or 240 hours of community service. However, some prosecutors will not allow for the 240 hours of community service option so the defendants in those cases will have to serve the 10 days of jail. Furthermore, some prosecutors will refuse to make a deal with defense attorneys even on a first DUI if the BAC is over a certain level, that level is different depending which prosecuting officer your case is with.

Fighting Tough DUI Cases in Utah

Even though these types of DUI cases are tough to fight in Utah, with the help of an attorney from Ogden Criminal Defense Lawyer you can still find a way to win these cases. One of the ways to fight tough cases like this is to try and get the evidence obtained by police suppressed because of violations of the constitution. If the police didn’t follow the right procedure or somehow violated your rights when you were pulled over and arrested for DUI then there may be a chance that the lawyers here at Ogden Criminal Defense Lawyer could get the evidence in your case suppressed and the case dismissed. While this chance is sometimes small and very unlikely to be successful it may be the best option in some DUI cases and at Ogden Criminal Defense Lawyer we do our best to give you every option at a successful outcome.

Call Ogden Criminal Defense Lawyer for Your Ogden Criminal Defense

A DUI is a very common yet very serious offense in Utah, and if you are facing a DUI charge in Layton, Kaysville, Brigham City, or Logan then call the experts at Ogden Criminal Defense Lawyer to help you get the best outcome available.

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Out of State Criminal Cases

Todd Peterson — Fri, 08 Mar 2013 17:42:32 +0000

Being charged with a crime can obviously be a very difficult and trying scenario. The law is quite foreign to most people and the states power over individuals convicted of a crime makes for a very uncertain and frightening situation. However, facing criminal charges can get even more stressful if you are charged with a crime in a different far from your home. A lot of individuals find themselves facing criminal charges from their time on vacation or while traveling to or through a neighboring state to their own.

Benefits of Legal Counsel in an Out of State Case

If you have been charged with a crime in Utah and you don’t live in Utah or maybe you were charged in Northern Utah and live in Southern Utah, then you essentially have two options. First you can try to deal with the case on your own or with the help of a public defender. If this is your choice then you will have to return to the area where you were cited to attend court proceedings at least a couple of times before your case is resolved. The second option is to hire private counsel like the attorney’s at Ogden Criminal Defense Lawyer to represent you. At Ogden Criminal Defense Lawyer we will make sure that your appearance is waived from the court proceedings, making it so you will not have to travel long distances for court proceedings and we will communicate with you in a way that will give you all the information you need to make an educated decision about your case.

Northern Utah Criminal Defense Attorney

If you have been charged with a crime in Ogden, Farmington, Logan, or some other part of Northern Utah and you live out-of-state or in a distant part of Utah then call Ogden Criminal Defense Lawyer today to find out how we can help you. Our attorneys are skilled and experienced criminal defense lawyers who know the prosecutors and judges in the area and know how to get their clients the best results available. Contact us today to get started on protecting your rights with expert legal defense.

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Weber County Criminal Defense Lawyer | Ogden DUI Attorneys

Todd Peterson — Fri, 05 Oct 2012 16:55:21 +0000

A Weber County Criminal Defense Lawyer in our Ogden office can help you resolve your criminal charges and keep you protected in a system that may be prejudiced against you. The Ogden and Northern Utah area continues to grow and many people living in this beautiful place find themselves facing charges of all sorts from domestic violence or assault, to marijuana possession or DUI. Whatever your case may be, we can help. We understand how the courts work in the Weber area and know what it takes to get you out of a bad situation in the best way possible. Over recent years, drug charges in Weber County have increased especially with the number of new synthetic drugs such as spice and bath salts showing up in smoke shops all over Ogden, Layton, Centerville, Roy, and other areas.

Ogden DUI Attorneys

We represent many clients each year from Ogden and surrounding areas in DUIs. Ogden City Police are known for making many DUI arrests each month and are constantly on the prowl for suspected drunk drivers. Don’t take any chances by going to court alone. If you were charged with a DUI in Weber County, call us as soon as you can. Following a DUI arrest, you have a limited number of days to request a hearing with the Driver License Division or your license may be automatically suspended for a long period of time. We appear on your behalf both in court and at the license hearing.

Criminal Charges in Weber County

If you are charged with a lower level misdemeanor offense, you will likely find yourself in one of the many Justice Court in the county. If you are charged with higher misdemeanor or felony offense, you will be charged in District Court. We represent individuals charged in all types of crimes and have experience in both the justice court and district courts, and also the juvenile court. So no matter your particular situation, we are likely the firm for you. Contact a Utah Criminal Defense Attorney today.

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