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What Are Some Common Mistakes People Make After An Arrest?

After an arrest, people often make the mistake of committing the same crime or incurring a new charge altogether, which can be very problematic, especially for enhance able offenses such as drug crimes, theft, domestic violence (DV), and DUI. For example, if a person was arrested for domestic violence, they might make the mistake of contacting the victim in an attempt to discuss what they will say to the police, prosecutor, or judge. Doing so is a horrible mistake because it is a separate criminal felony offense called witness tampering. Hiding evidence or wanted persons is also another problematic and illegal course of action, which results in obstruction of justice charges being filed. With respect to no-contact orders imposed in assault or domestic violence cases, people need to be careful to strictly follow no-contact orders that are imposed by the jail. Ultimately, people need to be extremely careful and sure that they are not committing any further violations of law while they are out of custody and unresolved charges are pending.

What Happens To My Physical Driving License In A DUI Arrest?

If you have a Utah license, the physical Utah license will be confiscated. You were to be issued a citation that will serve as your license to drive for 30 days. You have 10 calendar days to request an administrative hearing given by the Driver’s License Division of the Utah Department of Public Safety on the issue of whether or not the officer had reasonable grounds to believe that you were DUI. Statute requires the hearing to be provided within 30 days of the arrest. Once those 30 days expire and the hearing has been held, you person is required to stop driving unless and until you get notice from the division that you license is not suspended. If that is the case, then the division will send you back your physical Utah license.

If you have an out-of-state license, then that license should have been given back to you. It is still valid in the 49 other states unless and until the home issuing state takes action. In Utah, a file number will is created for you, and your privilege to drive in Utah would be suspended after the 30-day window.

Will I Have A Criminal Court Appearance In The First Month Following An Arrest?

You may or may not have a criminal court appearance in the first month following an arrest. Due to scheduling and logistical reasons, sometimes cases aren’t heard for months. There can also be a long period of time between an arrest and the time that charges are actually brought into court. I’ve seen instances where cases were not filed for six or more months. In Utah, the statute of limitations for a felony is typically four years, and typically 2 years for a misdemeanor. That means that the government has that long to file a case (if not longer in some instances).

How Often Should I Expect To Meet With My Attorney In The First Month Following An Arrest?

The frequency with which you will meet with your attorney in the first month following an arrest will depend on the nature of the case. You should meet with your attorney as often as is necessary to address the specific issues of your case and get all your questions answered. If there are very time-sensitive issues that need to be worked out right away, then that should be a priority. When discovery is obtain and needs to be reviewed, then you should meet with your attorney as required. On the other hand, if nothing is happening with the case and it is in a resting phase or “limbo”, then there may be no reason at all to meet with your attorney within the first 30 days.

Will I Have To Meet With Some Sort Of Pre-Trial Probation Officer?

It is possible that you will have to meet with a pre-trial probation officer. In Salt Lake County, we have pre-trial services. If someone is arrested for a non-violent, low-level crime, then they will usually be released to the supervision of pretrial services rather than having to post a bail or being released on their own recognizance. This is beneficial because it allows the person to be released without having to post any more money. However, it does require that person to be in daily contact with and supervised by a probation officer.

Can Pre-Trial Counseling Help My Criminal Case?

In certain cases, pre-trial counseling can be very helpful. There are certainly cases in which I advise my clients to get an assessment and begin treatment. However, there are also circumstances under which it is not advisable. Anyone who is unsure should discuss all the pros and cons of each alternative with their attorney.

For more information on Common Mistakes After Arrest, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 455-1743 today.

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