CRIMINAL LAW QUESTIONS AND ANSWERS

1. What happens to my Driver License if I don’t submit to the tests requested by the officer at the jail after being arrested for a DUI?

      a. If you refuse to submit to ANY of the tests the law enforcement officer asks you to submit to, your Driver’s License may be suspended for 18 months the first time you refuse.  If you are arrested and refuse to submit to tests a second or subsequent time, your Driver License may be suspended for 2 years. 

      b.If you submit to the tests as the officer asks, and you are convicted of a DUI, your license may be suspended for 90 days for your first arrest.  If you are convicted of a second DUI, your Driver License may be suspended for one year.

      c. AFTER ANY SUSPENSION HAS EXPIRED, THE DRIVER LICENSE DIVISION REQUIRES YOU TO PAY A REINSTATMENT FEE TO HAVE  YOUR LICENSE REINSTATED.

 

2. What do I do if I get a traffic ticket?

Follow the instructions on your citation.  Usually you are instructed to contact the Court not sooner than 5 days but not longer than 14 days after you receive the citation, to set up an initial appearance with the Court.  When you call, you may be allowed to simply pay a fine depending on the type of traffic offense.

 

3. Is there a class I can take to remove points from my Driver License record?

You can take a class offered by the Utah Safety Council to remove 50 points from your license.  More information can be obtained on their website at www.utahsafetycouncil.org.

 

 

4. What is the difference between a misdemeanor and a felony?

      a. The type of punishment for the crime. 

      b. Misdemeanors have a maximum of 1 year in jail and a maximum fine
of $2,500 plus surcharge (85%). 

      c. Felonies include prison (not jail) and higher fines of up to $10,000 plus surcharge  (85%).

     

5. What can a lawyer do for me in a criminal case?

In a criminal case, one of the most important things a lawyer can do for you is make sure that your rights are protected. A lawyer can help you navigate through the criminal justice system.  In addition, in serious cases, a lawyer identifies Constitutional issues, evidentiary issues, knows the rules of the Court when there are hearings in the case or if there is a trial.

 

6. What is a plea in abeyance?

 A plea in abeyance is a plea bargain which allows the Court to hold your plea of  guilty or no contest without entering it onto your record.  If you abide by the conditions of the deal during the “abeyance period,” the charges will be dropped or reduced as agreed in the deal with the prosecutor prior to the entry of your plea.

 

 

7. Can I get my record expunged?

Expungement eligibility and time frames vary depending on the type of crime.  Some convictions may not be expunged, and others can be.  In order to have your record expunged, you need to file paperwork with the Bureau of Criminal Identification pay a fee, take your paperwork to the prosecutor’s office, and file the papers with the Court.

 

8. How can I find out if I have a criminal record?

Contact the Bureau of Criminal Identification at 3888 West 5400 South, Salt Lake City, Utah 84118, 801-965-4445, www.bci.utah.gov.

 

9. What is the difference between a Jury trial and a Bench trial?

      a.A Jury trial is a trial in front of a Jury that is picked by the lawyers and the defendant, or the parties if it is a civil case.

      b. A Bench trial is a trial where there is no Jury, the Judge makes the decision.

 

10. Does it count against me to start with a not guilty plea and then plea guilty later?

      No.  It is very common to start your case with a not guilty plea. 
The Court understands that it may be the only way for you to speak with
the prosecutor and does not hold it against you.