Utah has laws that are different from other regions in the United States. If you’re on vacation from another state, and you break one of them, you may end up facing legal consequences. In some cases, that might mean not being able to go home. Here’s a breakdown of what you should do if you are charged with a crime in Utah, but you’re not from the state.
If you are arrested, it’s important to remain calm and comply with demands. Running away or fighting with police can land you with an interference with a peace officer charge — a class B misdemeanor punishable by up to six months in jail and $1,000 in fines.
If the police have probable cause, they will take you to jail, where you’ll be booked. A judge will later set the bail amount. This is a certain amount of money that needs to be paid in order for you to be released. You can get it refunded as long as you make it to all of the court dates that are set for you.
You don’t have the right to resist being arrested or booked. However, you do have the right not to incriminate yourself. When police officers ask you questions about the incident they are arresting you for, you should not answer them.
Police have an important job in society, but ultimately, they are not your friends when you are being arrested. They will do anything to make sure the arrest they made is justified, and they can skew anything you say to make it look worse for your case.
The only person you should discuss your case with is an attorney who is well-versed in Utah laws and procedures. This is a person who has been practicing for years and knows the ins and outs of the legal process.
Your attorney is the one person that you can and should open up to. What you tell them is confidential, and it won’t incriminate you. Based on what you say and the evidence the state has against you, they’ll help you determine the best course of action — whether it’s a plea deal or taking the case to trial.
This may be easier said than done if you live in a different state, and this is one advantage of having a lawyer by your side. They’ll be able to present your unique situation to the court and make sure that you have reasonable accommodations.
In most cases, this means that you’ll be able to attend hearings through a video conferencing service. The service that Utah courts use is Webex.
If you fail to make it to your court hearings, the state can issue a warrant for your arrest. This means authorities from other states can detain and extradite you back to Utah.
If you were charged with a misdemeanor, your lawyer can help you avoid coming back to Utah at all, and that includes your sentence. In a lot of cases, they’ll help you make a plea deal with prosecutors that allows you to serve probation, and you can do so from your state.
However, if you are found guilty after pleading not guilty to any crime, that’s a different story. You’ll likely have to spend time in a Utah jail or prison because the courts are more lenient if you don’t take the case to trial.
One of the standard probation conditions in Utah is that you cannot leave the state without permission from your probation officer. If you were just visiting the state, your lawyer can make arrangements so that you serve your probation under the supervision of where you reside.
The way it works is that your probation will be transferred through the Interstate Commission for Adult Offender Supervision. This is often used for probationers who want to move and need to request a transfer, and there are several criteria that you have to meet:
If you violate your probation in your state the receiving state Utah will be notified. This means you’ll be subject to punishments from Utah, which may include jail or prison time.
Most of the laws in Utah that you can violate are pretty similar to other states. If you hurt people, destroy property, or partake of illicit drugs, you can get arrested. However, there are a couple key differences that you should look out for.
In most states, the minimum blood alcohol content for an arrest is 0.08. In Utah, it’s 0.05. This means it’s much easier to get charged with a DUI than in other places. It is a class B misdemeanor for a first-time offense.
In Utah, THC is legal as long as you have a Utah medical cannabis card, and that can include one from a different state. If you are caught in possession of it without a card, that is a class B misdemeanor. CBD products are completely legal.
If you are planning to go out to the bar, you should arrange a designated driver, a rideshare, or a taxi to pick you up. You should also avoid THC products unless you have a medical card.
In Utah, there is no law that is considered vandalism. However, there are a variety of crimes that the term can encompass including criminal mischief, property damage or destruction, and graffiti.
Punishments for these crimes are mostly based on the amount of damage that you caused to the property. Criminal mischief and property damage or destruction come with the exact same penalties:
If you’re accused of a crime in Utah, the attorneys at Brown, Bradshaw & Moffat would love to help you out. They have all been practicing the law for years. They are highly competent and ready to help you get the best outcome possible.
To get started, fill out this form and tell us about your case. We’ll get right back to you.
