What Are My Rights When Charged with A Crime?

As US citizens, we have a number of important rights when charged with a crime. The United States Constitution provides certain protections designed to protect an innocent defendant from being convicted. In addition, Utah Code 77-1-6 entitles additional rights for an individual charged with a criminal action for any violation of Utah state statutes or the violation of county or municipal ordinances.

If you or someone you love has been charged with a crime in Utah and you are left wondering, ‘what are my rights when charged with a crime?’, it is important to find an experienced criminal defense attorney to advise you of your rights and legal options.

If you feel your constitutional or state rights are being violated, or you were not read your Miranda Rights at the time of your arrest, contact Wasatch Defense Attorneys for your free, no-obligation case review.

Overview of Your Rights

It is important to be aware of your rights, especially when you are facing criminal charges. Crimes are classified into three categories: infractions, misdemeanors and felonies. While your rights as a defendant remain the same, the legal actions taken against you will differ depending on the classification as it is specified in the applicable criminal statute.

If you have been arrested for criminal violations or have been indicted by a grand jury, your rights will ensure that you are presumed innocent of the charges against you. Your presumed innocence will remain with you throughout your trial and you will not be punished for those charges unless you have been proven guilty beyond a reasonable doubt in a court of law.

Listed below is a general overview of your constitutional rights and the rights you are entitled to as a defendant in the Beehive State:

Your Constitutional Rights

  • The Right to Remain Silent
  • The Right to Legal Counsel
  • The Right to Court Appointed Legal Counsel if you cannot afford an attorney
  • The Right to a Public and Speedy Trial
  • The Right to a Enter a Plea of Not Guilty
  • The Right to an Impartial Jury Trial
  • The Right to Testify on your own behalf
  • The Right to Present Evidence
  • The Right to Subpoena One or More Witnesses to testify
  • The Right to Confront Witnesses against you in court
  • The Right to a Unanimous Jury Verdict (all 12 jurors must agree on a verdict or declare a mistrial)
  • The Right to Appeal to a higher court to review a judgement

Additional Rights as a Defendant in Utah

  • The Right to Receive a Copy of Accusations filed against you
  • The Right to Appear in Person
  • The Right to Defend Yourself in Person or by Counsel
  • The Right to Post Bail in accordance with provisions of the court, or
  • The Right to a Trial Within 30 Days post arraignment
  • The Right to Protection Against Double Jeopardy

Furthermore, a defendant under criminal prosecution in the state of Utah will not be forced to give evidence against themselves and a defendant’s spouse shall not be compelled to testify against his or her wife or husband.

Find an Experienced Criminal Defense Attorney in Utah

In order to prepare and present the most effect defense strategy for the best possible outcome, you’ll need the knowledge and resources of an experienced criminal defense attorney in Utah. The skilled and attentive legal defense team at Wasatch Defense Lawyers are here to help. Contact Us today for your free, confidential case review.

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Craig R. Chlarson

Craig R. Chlarson

Everyone deserves aggressive, experienced legal representation.  Your solution begins with Wasatch Defense Lawyers.
Craig R. Chlarson

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