Understanding what it means to have charges dropped as opposed to dismissed is very important if you are facing criminal charges. When you go to court, the prosecutor has a lot of flexibility to decide whether your charges will continue, and what crimes should be added or removed from your list of charges. This is called “prosecutorial discretion,” and is an important part of our criminal justice system in Utah and across the country. If charges seem overly harsh, do not fit the facts, or come from illegal police activity, the prosecutor can choose to drop charges. A prosecutor’s job is to ensure that justice is done, not to simply get convictions. This means prosecutors will often drop unjust charges. Alternatively, charges can only be dismissed by a judge. When your case goes to court, it is the government’s responsibility to prove you committed the crimes as charged. This means they must meet the burden of proof. At a preliminary hearing, the burden of proof is to show there was probable cause that you committed the crime. This means proving that it is likely that a crime occurred, and you were likely responsible. At trial, the burden of proof is beyond a reasonable doubt. This means showing that you undoubtedly committed the crime as charged. If the government cannot meet their burden or the judge finds the charges do not fit the alleged activity, the judge may dismiss the charges. Any criminal charge is eligible to be dropped or dismissed. However, many prosecutors may have instructions from their superiors or a personal rule that they will not drop charges. This may make it difficult to convince them your DUI charge is unjustified, but there is always the option of dismissal. Judges are held to a very high standard, and they cannot allow illegal or unjustified charges to go through. If your DUI charges do not fit the conduct or were the result of illegal police activity, your lawyer may be able to convince a judge to dismiss the charges. After a DUI arrest in Utah, you may be able to enter a plea to the reduced charge of impaired driving, but only under the circumstances described here. In Utah, impaired driving is a class B misdemeanor punishable by up to six months in jail and a fine of up to $1000.00. There are two ways that you may be allowed to enter a plea to impaired driving. The first way requires that the prosecutor agree to an impaired driving plea, and that you complete all the requirements of court ordered probation. The second way that you can plead to impaired driving, requires that the prosecutor agree to it, and that the court find that the impaired driving plea is in the interest of justice. What this means is that there are two types of impaired driving pleas. The first type of impaired driving plea is conditioned on the successful completion of probation. This means that you can plea to impaired driving, but if you fail to successfully complete the terms and conditions of probation, the court will change the reduced impaired driving plea to a full DUI conviction. Utah’s DUI laws prohibit all motorists from operating a motor vehicle: A conviction on a DUI charge will have immediate serious effects on your life. To begin with there are the court imposed fines. A first time DUI conviction carries a minimum fine and fee of $1,420. If the circumstances warrant, the judge has the discretion to raise the fines and fees to $1,920. In addition, if your DUI involved an accident where any person was injured, or if there was a child in your vehicle under 18 years of age at the time of your arrest, the conviction carries a fine and fee of $4,625. Next, there is the potential for incarceration. There is a mandatory minimum sentence of two days in jail for a first time DUI conviction. In general, judges usually order a defendant to perform two days of community service in lieu of jail time. If the circumstances warrant, this sentence can be increased up to 180 days. If your DUI involved an accident where any person was injured, or if there was a child in your vehicle under 18 years of age at the time of your arrest, conviction is punishable by up to 365 days in jail. Then you have the suspension of your driver’s license. If you are over 19 years of age but less than 21 years of age, a first time DUI conviction comes with a mandatory six month suspension of your driver’s license. If you are younger than 19, the suspension time is increased to one year. If you are 21 years of age or older, the suspension period is 120 days, if there was no refusal, which carries an 18 to 36 month revocation. Next, we have probation. A first time DUI conviction also comes with a possibility of a period of probation up to 18 months. This means that the court could keep your case open for 18 months following the date of conviction. During this time, the clerk of the court will verify that you have followed all the conditions of probation, including paying your fine, performing community service, and attending alcohol/drug education classes. In some sense, this is a form of not taking the charges against you seriously enough. You’ve just seen what the penalties are for a first time DUI conviction. When you represent yourself, you greatly increase the odds that you will be hit with each and every one of these penalties when your case goes to court. Utah’s DUI laws are complex. Utah’s judges and prosecutors know these laws inside and out. The prosecutor who handles your case has likely dealt with hundreds of DUI cases just like yours. The courtroom is their home court and the laws that govern it are a playbook that they know like the back of their hand. You will walk into that court as a rookie in a room full of seasoned professionals. Because of this, any chances that you may have had to avoid conviction or the worst aspects of the penalties for conviction will vanish like smoke. The prosecutor will see your case as an easy win and will treat you accordingly. DUI Attorney Free ConsultationWhen you need legal help with a DUI Charge in Utah, please call Ascent Law today for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Does Wife Get Half In Divorce? Criminal Defense Lawyer Magna Utah via Michael Anderson https://www.ascentlawfirm.com/can-a-dui-charge-be-dropped/
0 Comments
Leave a Reply. |
Probate LawyerProbate Lawyer in West Jordan Utah. If you need probate lawyer, trust attorney, inheritance counsel, living trust, last will and testament, call 801-676-5506 now for a free consultation. Archives
April 2023
Categories |