Yes. Yes, you can. In the common law system of the United States, misdemeanor offenses are part of statutory criminal codes; in terms of severity, they fall between administrative offenses and felonies, which mean that they may be punished with a term of incarceration in addition to probation and monetary fines. Even though they are considered to be criminal acts, not all misdemeanors will land defendants in jail. For the most part, the maximum sentences associated with misdemeanors involve spending less than a year in a county jail, but the reality is that judicial systems in many jurisdictions prefer not to impose this type of punishment. When it comes to misdemeanors, court systems observe statutes, levels, factors, sentencing guidelines, and rules of procedure, jury findings, prosecutorial recommendations, and requests from defendants prior to dictating a jail sentence. Even when statutes call for a term of incarceration, judges can choose to reduce or suspend sentences, thereby keeping defendants out of jail. Relatively minor offenses such as shoplifting and disorderly conduct do not generally convey jail sentences. Even if there are aggravating factors that elevate the sentencing guidelines to a maximum of 90 days in a county jail, chances are that the incarceration term can be suspended because of external mitigating factors. The criminal codes in most jurisdictions feature jail terms for defendants convicted of gross or aggravated misdemeanors; however, this does not necessarily mean that the sentence will be imposed and enforced. In Utah, for example, driving under the influence is a gross misdemeanor that could result in 364 days in jail, but rarely will defendants end up behind bars for a first offense. Also, a state where DUI offenses are not technically misdemeanors but still carry a jail sentence, judges will suspend jail sentences for cases that do not involve injury or property damage. In Utah, aggravated misdemeanors may result in what is known as active sentences, which consist of jail terms up to a year. In some cases, judges may not be able to reduce active sentences if the offense involved assault with a weapon and the defendant has a prior conviction. Sexual battery is an example of an aggravating factor that often requires active sentences to be carried out The primary distinction between a misdemeanor and a felony is the amount of jail time a person faces if convicted. Misdemeanors, generally, do not allow jail sentences of more than one year, while felony convictions can carry sentences starting at one year going all the way up to life sentences, and in some states, death sentences. Another distinction is that felony convictions will require jail sentences be served at state run facilities, often referred to as prisons, while misdemeanor sentences are generally served at local or county run facilities, which get referred to as jails. With any conviction, the court is going to assess fines not just for the crime itself, but for court costs, processing costs, and potentially even the costs to house you in jail. Typically, the fines for a misdemeanor conviction in any given state are going to be less than those assessed against an individual convicted of a felony, but can still be rather substantial. Many states also qualify some misdemeanors as petty crimes. Petty crimes usually carry lesser fines and lesser maximum jail sentences. It should be noted that many times the terms expungement and sealed are used interchangeably, but that is not the case. If records are only sealed, then in some cases, state law may allow for them to be opened under very specific cases. Sometimes this may be when law enforcement personnel are investigating a case or if a person is arrested or facing conviction of a serious crime at a later date. If your state only seals records, it may be in your best interests to investigate further the circumstances that may lead to the unsealing of a legal record. One of the most powerful forms of expungement is a Certificate of Actual Innocence. These can be issued if a person is charged with a crime, but those charges are later dropped, or the defendant is found not guilty after going through a trial. Obtaining a certificate counteracts any possibility that a record may be unsealed and cause issues for a person at any point in the future. It basically proves that a legal record should have never existed at all in any form. Another possible avenue for someone who has been convicted and seeking expungement is to obtain proof of rehabilitation. This proof can stand on its own or be used as part of the petition. It provides evidentiary proof that a person has taken the necessary steps to live a life of exemplary conduct, taking steps to be proactive in correcting any past possible wrongs they may have committed. This includes demonstrated remorse and full payment of any restitution due to victims. Expungement may also take the form of a pardon from state law enforcement officials. A pardon does not erase the crime you committed, but it does provide an official notice that you have been forgiven for that crime. You will still need to disclose information about past criminal activity when required, but a pardon will offset the impact of that record to some degree. The single biggest benefit of a successful expungement is that you can truthfully and legally say you were never arrested, accused or charged with a crime. It is as if the entire incident never happened and restores you to your state in life before you were ever arrested, charged or convicted. When you apply for a job, or if you are already working for an employer, they are not allowed to ask about an expunged conviction. It cannot be used against you in any employment decision either. An expunged conviction will also not show up in most all employer background checks as well. Because you can legally answer no on job applications regarding whether or not you have a criminal history, you can become eligible to apply for better jobs that pay more, increasing your earning capacity and lot in life. In addition, many landlords not only run credit checks, but criminal background checks as well. After an expungement, no activity will pop up, meaning you won’t be denied from living where you want to live. The same also applies when making an application for a mortgage or a credit card in some cases as well. Most states treat the expungement of records for minors differently than they do for adults. In some states, the expungement of records for minors is even mandatory. Many states also seal records of minors automatically and immediately. The premise is to not have a youthful offender suffer the consequences of a legal record follow them around into adulthood, negatively impacting them for an extended period of time. With few exceptions, and if all conditions are met, the expungement process will typically start by filing an application or a petition for an expungement. Misdemeanor Defense Lawyer Free ConsultationWhen you need legal help with a misdemeanor in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. 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
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Does A DUI Show Up On A Background Check Before Conviction? Can An Executor Refuse To Pay A Beneficiary? Which Is Better Divorce Or Separation? via Michael Anderson https://www.ascentlawfirm.com/can-you-get-jail-time-for-misdemeanors/
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