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Understanding Utah Criminal Law
If you have been charged with a crime in Utah, understanding the legal system is crucial to protecting your rights and preparing your defense. Criminal law in Utah is first and foremost structured around the Utah Criminal Code, which is found in Title 76 of the Utah Code. This set of provisions outlines the definitions of criminal offenses, classifications of crimes, and the penalties associated with each offense.
Sources of the Law
- General Provisions (§76-1-101 et seq.)
- Offenses Against the Person (§76-5-101 et seq.)
- Offenses Against Property (§76-6-101 et seq.)
- Controlled Substances Act (§58-37-1 et seq.)
- Offenses Against Public Order & Decency (§76-9-101 et seq.)
Title 76 is divided into several key sections that categorize offenses and legal procedures. Some of the most important parts include Chapter 1, which defines general legal principles such as the statute of limitations and the burden of proof; Chapter 5, which covers crimes such as assault, homicide, domestic violence, and sexual offenses; and Chapter 6, which delves into theft, burglary, robbery, and fraud offenses.
The legislature also maintains Title 77 of the Utah Code, which governs the rules of criminal procedure—the legal framework that dictates how criminal cases move through the justice system. While Title 76 defines crimes and penalties, Title 77 outlines the steps law enforcement, prosecutors, and courts must follow to ensure your rights are protected at every stage. Key sections of Title 77 include arrest and detention procedures (Chapter 7), rules for search warrants (Chapter 23), pretrial release and bail (Chapter 20), and trial and sentencing procedures (Chapter 18). These provisions, along with the dedicated Utah Rules of Criminal Procedure followed by every court in Utah, help ensure that criminal cases are handled fairly from the moment of an arrest to the announcement of the final verdict.
As if this weren't complicated enough, case law from present and past judges provides yet another critical source of law that might dictate how your case is resolved. From the decisions of the Utah Court of Appeals and Utah Supreme Court, all the way up to the federal decisions of the United States Supreme Court, attorneys must sift through thousands of judicial "opinions" interpreting Utah statutes and our State and Federal Constitutions in order to form a complete picture of your legal rights.
Building a Practical Defense
Understanding these various sources of law can feel overwhelming to the average citizen who suddenly finds himself facing criminal charges for the first time. That's where we come in. With over a decade of experience and an unmatched eagerness to serve our community, The Robinson Law Firm will guide you through the complexities of the justice system with clarity, patience, and understanding.
Procedural missteps by law enforcement or the prosecution could form the basis for a strong defense. The prosecution's case may also lack sufficient evidence about the your state of mind to prove you intended to commit a crime, or that you were even present when the crime took place. The question that would be posed to a jury is not whether you are in fact guilty, but whether the City or the State can prove you are guilty "beyond a reasonable doubt."
For a breakdown of each stage in a criminal case, see our recent blog post on The Stages of a Utah Criminal Case. Because every case presents its own unique facts and challenges, there is no substitute for a one-on-one free consultation where we dive into the specifics of your circumstances and tailor our services to meet your needs.
Below are the answers to some of our most frequently asked questions. For more, visit our dedicated FAQ page, or contact us today.
What types of cases does your law firm handle?
The Robinson Law Firm handles every type of criminal case, from traffic tickets to first-degree felonies. Whatever your charges, you've come to the right place.
How long will my case take?
While every case is different, the average misdemeanor case lasts somewhere between three and six months, with one hearing taking place each month. However, your case may be resolved much quicker or take longer depending on the complexities at play.
How much will legal representation cost?
We usually represent clients on a flat-fee basis so you know upfront how much representation will cost. The specific price varies from case to case depending on the severity of the charges and the complexity of the issues presented. Please contact us for a free consultation.