Understanding Why You Should Fight Your First Felony

 Posted on September 19, 2023 in Criminal Defense

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.