1. Lack of evidence – The prosecution must prove that you committed the crime beyond a reasonable doubt. If they can’t produce enough evidence to support their case, the charges will likely be dismissed.
2. Statute of limitations – Every state has a statute of limitations for certain crimes. If the crime you’re accused of committing is outside of the statute of limitations, the charges will be dismissed.
3. Double jeopardy – If you’ve been tried and acquitted or convicted of the same crime before, you can’t be tried for it again. This is known as double jeopardy, and it’s a defense that can lead to a criminal case being dismissed.
4. Ineffective assistance of counsel – If your lawyer didn’t provide adequate representation during your trial, you may be able to get the conviction overturned. This is known as ineffective assistance of counsel, and it’s a difficult defense to win.
5. Insanity plea – If you can prove that you were insane at the time of the crime, you may be able to have the charges against you dismissed. This is known as an insanity plea, and it’s a difficult defense to win.

If you’ve been charged with a crime, your best chance at getting the charges dismissed is to hire a good criminal defense attorney. Utah has some of the best criminal defense lawyers in the country, and they will know which defenses are most likely to work in your case. Contact a Utah criminal defense lawyer today to discuss your case and start building your defense.

Facts surrounding a criminal case

1. Where you were and who you were with

Prosecutors need to put people at the crime scene within a timeframe when the alleged crime had occurred. If a person can show they were somewhere else, it can challenge the government’s evidence linking that person to the scene of the crime. Alibis can also be made if you were with someone else at the time and can show it through receipts or video evidence.

1. If anyone witnessed the crime

Are there any witnesses to the crime that can identify someone other than the charged person with the crime? It is important to find other people out there who may shed light on a case by providing their statements detectives.

1. A warrant and Miranda Rights

We all know that a warrant is not always required for an arrest to be made. Depending on the circumstances, someone may be wrongfully arrested if officers searched or seized your property without a warrant. If evidence has been gathered unlawfully, this evidence may be thrown out. Before conducting an interrogation, police must read your Miranda rights. Depending on the circumstance’s things said during questioning may also be deemed as inadmissible.

Remember that just because you have been charged with a crime does not mean that you are guilty. The criminal justice system is supposed to protect victims and those charged with a crime equally. If you or a loved one has been charged with a crime, it is important to seek legal counsel. Contact Utah Criminal Defense Attorneys today at 801-987-8409 to speak with an attorney are request a case review.

Items to avoid after being charged with a crime

1. Being arrested again for another crime.

If you or a loved one is awaiting trial, the last thing you want to do is to get arrested for another crime. During this time, you want to keep a low-profile and do the things you need to do to help show the judge that you are taking the right steps to reform yourself and your life. If possible, it is a good idea to keep a distance from family and even friends who might break the law.

1. Failing to request the prosecution’s evidence

If you are the defendant of a crime, you have the right to know what evidence the prosecution intends to use against you in the court. This is a right that is entitled under the Sixth Amendment and is a process known as discovery. While we are talking about evidence, you should always consult a criminal defense attorney to learn more about your case and legal options. This is especially important if you have been charged with severe crime ranging from burglary, assault, weapons offenses, and drug crimes.

1. Not understanding the consequences of a conviction.

Utah is known for its severe punishments for both first-time and repeats offenders alike. Do not merely think that because this is the first time you have been charged with a crime, the judge will go easy. Even a misdemeanor crime can have significant impacts on your personal and family life. The fact of the matter is that the more energy and attention your case has, the more likely you will gain a favorable outcome.

1. Assuming you are innocent or guilty

One of the most challenging aspects of dealing with the criminal justice system is that there are no guarantees. Even if you believe that the state has a weak case or think you are genuinely innocent of breaking any laws. The court is not a perfect system, and innocent people get convicted of crimes at an alarming rate. On the other hand, you cannot assume that you will be found guilty by a jury of your peers. The law is a complicated thing, and there could be several defenses for your case that you are not aware of. In the same vein, police officers and prosecutors can make mistakes, and perhaps they failed to follow protocol in your case.

How to protect yourself

Being charged with a crime is always a serious manner. The best way to help ensure that you are being protected and your rights are being upheld is to speak with a defense lawyer. Many law firms offer consultations where you can ask questions and see where you truly stand in the eyes of the law.

The United States justice system was created around the principle that any person has to be proven guilty under a court of law, rather than in public opinion. Under the Sixth Amendment, Cornell University Law School points out that people have the right to act as their legal representative, or they could hire a qualified attorney. For people facing possible charges in Utah, it could be tempting to handle this matter on their defense, but this could be a terrible idea.

The system is complicated.

Outside of the trial and negotiations for a plea bargain, navigating the legal system is very complicated. Utah courts are stringent when certain documents need to be filed, and if people miss deadlines, it could jeopardize the result of their case. For example, the defendant only has so many days to submit pretrial motions to avoid evidence or present evidence in their defense.

This can be avoided by hiring an attorney who understands these rules and has a supporting team to ensure that all necessary resources are being provided to the court in a timely manner. They can also act as the defendant’s counselor and educate the defendant on what to expect in the criminal process.

No Experience / Knowledge

Imagine if people needed to undergo surgery, typically, they’d want to find a qualified surgeon with the experience in performing that procedure. The same applies to those who are facing criminal charges. The American Bar Association states that attorneys spend various years gathering knowledge about the legal system. They know how specific rules apply to cases, including when formal charges must be filed, how evidence is to be collected, and what type of evidence to look for.

Lack of Legal Advice

The Utah State Bar states that court staff and judges cannot provide anyone with any advice referring to their case. This would violate the role of a judge, whose purpose is to be a neutral third party that listens to both sides and then makes a ruling after reviewing the arguments and evidence provided.

Emotional Decisions

People must acknowledge that the legal court system is one that is designed around logic and reasoning. To represent themselves, the defendant must act within these parameters and view their case with an objective eye, examining the strength of the evidence against them while simultaneously planning the best strategy to follow. However, most people are too emotionally attached since they are the ones being accused and facing charges.

An attorney has all the skills necessary to help people see the long-term picture and choose options that will give them the best possible outcome to their situation. When defendants in Utah find themselves as the center of a criminal investigation, it may help to meet with a Salt Lake City criminal defense attorney.