Criminal Defense FAQ
Answers from Our Salt Lake City Criminal Defense Attorneys
The criminal justice system is a complex and convoluted legal process for both first time and repeat offenders. At Lokken & Putnam, P.C., we have represented clients charged with many types of criminal offenses and helped them protect their rights. Here are answers to a few of the most common criminal defense questions we are asked.
Of course, a website cannot answer every question in full – speaking with an attorney is the best way to get a complete answer.
To schedule a consultation with a knowledgeable attorney, call (801) 829-9783.
Should I speak with law enforcement after an arrest?
After an arrest, even well-intentioned statements to law enforcement may cause complications with your criminal defense. People charged with a crime have the right to remain silent, beyond providing basic identity information. After an arrest, a person should remain respectful and ask to speak with an attorney as soon as possible. Legal representation can review the facts of your case, prevent you from making contradictory statements, and make you aware of your rights.
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What is the difference between a felony and a misdemeanor?
A misdemeanor is a lower offense than a felony. Utah splits misdemeanor charges into three categories (Class A, Class B, and Class C) which carry varying punishments depending on the charges. The usual punishment for a misdemeanor conviction is up to a year in county jail and up to a $2,500 fine depending on the charges.
A felony is a more serious offense than a misdemeanor and is usually reserved for major crimes. Utah splits felony charges into four categories (capital, first degree, second degree, and third degree), which all carry varying prison terms and potential fines. Depending on the circumstances and the degree of the felony, a conviction can result in a sentence of up to life in prison, up to $10,000 in fines, or capital punishment (the death penalty) for some convictions involving aggravating circumstances. In addition to the punishments, a felony conviction may also affect a person's right to vote, possess a firearm, and various other rights depending on the criminal charges.
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Will I lose my driver’s license after a DUI arrest?
After a DUI arrest, an arresting officer will confiscate the drivers' license and replace it with a citation that acts as a temporary license for 29 days. A person charged with a DUI then has 10 days to file for an administrative process hearing, which may allow them to get their driver’s license back. The person charged with a DUI or their representation can get their license back if they convince an employee at the Utah Driver's License Division that the officer did not have probable cause for the DUI arrest. This is not a criminal case and will not affect license suspension as the result of a conviction.
Call our law firm at (801) 829-9783 or contact us online to schedule your consultation today.
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