Criminal Process in Utah

Helping clients in Utah understand their charges

The Law Office of Harold W. Stone, III knows that navigating the legal system can be a confusing and infuriating experience for clients. Get the information you need to help you understand the challenges you face throughout the criminal process, including detailed information on:

An overview of the criminal justice process

  • Stop. The police may stop you for questioning. You have the right to refuse to answer.
  • Search. You can refuse to allow the police to search you or your car if they do not have a search warrant. Search warrants are issued if probable cause exists to justify looking for items that may be connected to an alleged crime. However, warrants are not necessary for all searches.
  • Arrest. In order for you to be arrested, there must be probable cause that a crime was committed and that you committed it. You have two important Constitutional rights: the right to remain silent and the right to an attorney. If the police question you, the only thing you should say is that you wish to contact your attorney.
  • Booking. Following your arrest, the police escort you to the police station for booking. At the station, you will be fingerprinted, interrogated, searched, and photographed. When you face questioning at the police station, you can again invoke your Constitutional right to an attorney and remain silent.
  • Bail. After you are booked, you may be entitled to bail. Bail can be in the form of cash, a bail bond or a pledge of property to ensure you appear for further criminal proceedings.
  • Arraignment. Once criminal charges are filed, you appear in court and are asked to enter a plea in response to your charges. In Utah, you can enter the following pleas:
    • Guilty 
    • Not guilty 
    • Nolo contendere — If you enter a nolo contendere, or “no contest” plea, you do not admit your guilt, but do not contest the charge. This can be good because guilty pleas can be used against you later in the process.
    • Alford plea — This plea lets a defendant admit that prosecutors have enough evidence to convict him but permits the individual to maintain his innocence
    • If you plead guilty, enter a no contest plea or enter an Alford plea, you will be sentenced without trial.
  • Plea agreement. Most cases end in plea agreements, where a defendant agrees to plead guilty in exchange for a reduced sentence from the prosecutor. However, pleading guilty to crimes can have a significant impact on your life, inhibiting your ability to vote, find employment or travel overseas. It is critical to know the consequences of your actions at this stage.
  • Trial. If you do not reach a plea agreement, your case moves toward trial. Depending on the charges, you may have the right to a trial by jury.
  • Appeal. In the event you are found guilty, you have the right to an appeal, usually 14 days after judgment.
  • Expungement. If convincted, you may be able to later have your record wiped clean. Find out more about expungements.

Act now to protect your rights

If have been charged with a crime and have questions about your case or its consequences, call the Law Office of Harold W. Stone, III at 1-801-913-7055, or contact the firm online to schedule your initial consultation. Based in Midvale, Attorney Harold Stone represents clients throughout Utah in all criminal cases.