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We are not attorneys and do not offer legal advice - contact an attorney if you need professional advice.

 


Presentencing
So you committed a crime. Depending on the nature of the crime you may or may not have been taken into police custody. Most of the time in Utah County perpetrators are not taken into custody unless they are a "flight risk" (there is a good chance they will run away from trial) or they are a danger to the community.

Questioning
Don't be surprised if the police knock on your door and want to ask you a few questions. They are usually very friendly and will make you feel at ease regardless of your crime. Remember, their job is not to decide whether you are innocent are guilty - they are just charged with gathering information. You have no obligation to answer their questions - get advice from your lawyer on whether or not you should answer any questions. Sometimes an attorney will suggest that you not answer questions because it may weaken your negotiating hand later when trying to hammer out a plea agreement.

Court Appearance
If the state decides to pursue a criminal lawsuit after the police investigation you will be summoned to be seen in court. Depending on how complicated your case is (ie, the presence of victims, serious financial damages, etc.) you may or may not have an opportunity to enter your plea at this time. Defendants do have a right to a reading of the charges, but typically this right is waived (your attorney will advise you). If you do not already have an attorney and cannot afford one you will be appointed one at this time.

If your case is relatively cut-and-dry (ie, a DUI, drug charge, etc.) you will most likely enter your plea at this time. Otherwise the court will schedule another appearance - if you have a complicated case involving victims you can expect several "continuances" - all this means is that they reschedule the court date. Some cases in Utah County take 6 months to a year before actually deciding innocence or guilt. Although being in limbo is difficult it does play to your advantage - it gives you an opportunity to show the court that you are not a flight risk and build some credibility - your attorney will advise you on the best timing for your case.

Learn about sentencing in Utah County
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