Facing a felony criminal charge in Utah can be a daunting and life-changing experience. Many individuals may be tempted to accept a plea deal, especially for their first felony, to avoid a trial's uncertainty and potential consequences. However, it is important to understand why fighting your first felony may be a better course of action. If you are facing a felony charge, contact a lawyer to ensure you can protect your rights and interests in the criminal proceeding.

Presumption of Innocence

Of course, one of the fundamental principles of the criminal justice system in this country is the presumption of innocence. Every person charged with a crime is considered innocent until proven guilty. This guilt must be proven beyond a reasonable doubt. By fighting your first felony, you assert your right to be presumed innocent and force the prosecution to meet the burden of proof.

Four Reasons Why You Should Fight Your First Felony

1. Challenging the evidence - Fighting a felony charge provides an opportunity to scrutinize the evidence against you. Through a thorough investigation, your defense attorney may locate weaknesses or inconsistencies in the prosecution's case. This can include issues with witness credibility, flaws in forensic evidence, or even constitutional violations during the arrest or search process. Challenging the evidence increases the chances of obtaining a favorable outcome.
2. Mitigating potential circumstances - Accepting a plea deal may seem like a quick resolution, but it often involves admitting guilt and accepting the associated penalties. By fighting your first felony, you have the potential to mitigate the consequences or even have the charges dismissed. This is particularly important for individuals facing severe collateral consequences, such as loss of employment, professional licenses, or immigration status.
3. Protecting your future - A felony conviction can have long-lasting repercussions, affecting various aspects of your life, including job prospects, housing opportunities, and the ability to obtain loans or financial aid. By fighting your first felony, you maintain the possibility of preserving your future by preventing a conviction that could hinder your personal and professional growth. 
4. Preserving your rights – Fighting your first felony allows you to exercise and protect your constitutional rights. This includes the right to a fair trial, the right to confront and cross-examine witnesses, and the right to present a defense. By taking your case to trial, you ensure that these rights are upheld and that the prosecution must meet their burden of proof.

Contact a Salt Lake City Criminal Defense Lawyer 

For legal guidance in battling your felony charge, contact the experienced Davis County criminal defense attorneys with Collins Rupp, P.C.. Call 385-777-2753 for a free consultation.  

Aggravated murder is one of the most serious crimes under Utah law, carrying severe potential consequences, including the death penalty. Today, we will examine what constitutes aggravated murder in Utah, exploring its legal definitions and penalties. Understanding the nuances of this offense is necessary if you have been charged because your freedom and possibly life are in grave danger. Contact a criminal defense lawyer immediately to secure the legal representation you need. 

Definition of Aggravated Murder

Aggravated murder is defined as the intentional and premeditated killing of another person under specific circumstances, as outlined in the Utah Code. To be considered aggravated murder, certain aggravating factors must be present, which elevates the offense to a higher degree of severity than regular murder charges.

Aggravating Factors 

Utah law identifies several factors that, if present during the commission of murder, can lead to charges of aggravated murder. Some of these factors include:

Probation violations can have serious consequences that may result in an Order to Show Cause (OSC) hearing. Today, we will discuss what an OSC hearing entails in Utah and provide tips to help you prepare. There is an old saying that failing to prepare is preparing to fail. Such can be said about OSC hearings, as preparing for the hearing is essential to keeping your freedom and staying out of jail. Contact a criminal defense lawyer to ensure you are well prepared for your hearing, as this will give you the best chance at a positive hearing outcome. 

Understanding the Order to Show Cause Hearing

When a person on probation in Utah is believed to have violated the terms and conditions of their probation, an OSC hearing is scheduled. This hearing is an opportunity for the probationer to respond to the allegations and present evidence or arguments formally. 

Gathering Evidence 

Before the OSC hearing, gathering and organizing evidence supporting your case is crucial. This may include any relevant documents, such as proof of completion of certain programs or treatment, employment records, witness statements, or other evidence showing you kept your probation terms.

Sex crimes are taken very seriously in Utah, and when certain aggravating factors are present, they can enhance the severity of the offense and increase the potential penalties faced by the defendant. Familiarizing oneself with these aggravating factors can provide a clearer understanding of the legal implications associated with sex crimes in Utah. If you have been charged with a sex crime, hire a criminal defense attorney to ensure you have the legal representation you need during this perilous time. 

Non Consensual Conduct

Engaging in sexual activity without the consent of the individual is a fundamental aggravating factor in many sex crime cases. Lack of consent highlights a violation of the individual’s autonomy and personal boundaries, which will be taken into account during the legal proceedings. 

Age of Individual 

In Utah, if the individual who the sex crime was perpetrated against is particularly vulnerable due to their age, such as being under 14 years old, it is considered an aggravating factor. Crimes against minors often carry heightened penalties to ensure their protection and well-being.

The intent to distribute drugs is a serious offense that involves proving an individual’s intention to distribute illegal substances. Apart from other crucial factors, the amount of substances found and the presence of paraphernalia, such as bags and scales, play a crucial role in establishing intent. Today, we will explore how these aspects may demonstrate the intent to distribute drugs. If you have been charged with a serious drug crime such as this, contact an experienced criminal defense attorney today to ensure the protection of your rights. 

The Importance of Substance Amounts 

The amount of drugs possessed is a significant factor in determining the intent to distribute. 

Legislators and law enforcement agencies pay attention to large quantities of controlled substances as they suggest a purpose beyond personal use. If the amount exceeds what is typically associated with personal consumption, it can be seen as evidence of an intent to supply or sell.