Posts Tagged ‘not-guilty’

Is a Utah Criminal Defendant More Likely to get a Not Guilty Verdict if he Wears Glasses?

Clayton Simms, Criminal Defense Attorney, on the topic of  Crimes, Legal Process
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A Utah criminal defendant, who wears glasses at a jury trial, is more likely to get a not guilty verdict if the crime is a violent crime, but he would be less likely to get a not guilty verdict if the crime involves fraud or theft.

The jury expert conducted research on the affect of wearing glasses for people charged with crimes. The jury expert discovered that wearing glasses increased the perception of “intelligence, dependability, industriousness and honesty.” Those that wore glasses were generally viewed as less threatening, which would be an advantage in crimes of violence, like robbery, kidnapping or assault. However, the advantages of wearing eyeglasses disappears for financial crimes, like mortgage fraud, securities fraud and theft.

A Utah criminal defendant who wears glasses in a fraud or swindle jury trial may be perceived as more intelligent and thus more likely to commit a white collar crime. In a financial crime a jury may determine that a defendant with glasses possesses smarts and skills necessary to carryout a white collar crime.

One of the more fascinating discoveries in the study was at an “attractive” defendant was more likely to receive a not guilty verdict. In addition, attractive criminal defendants received lighter sentences and were punished less severely when they were convicted.

Check out the full article of the art and science behind Eyeglasses and Juror Decisions

Possible Pleas in Utah

Utah Criminal Defense Blog, on the topic of  Utah Legal Definition
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When it comes to entering a plea in a criminal case in Utah, there are more options than just guilty or not guilty. A Utah criminal defense attorney can give you the best advice about what type of plea is appropriate for your particular circumstances.

Five Kinds of Pleas

Photo: Ged Carroll

There are five types of pleas:

• Guilty;
• Not guilty;
• No contest;
• Not guilty by reason of insanity; or
• Guilty with a mental illness at the time of the offense.

Effects of Each Plea

Every plea that is entered will be recorded with the court and have its own effect.

• A plea of guilty is an acknowledgment that the accused is guilty of the offense charged.
• A plea of not guilty means that the accused is denying any guilt in the offense charged and puts in issue every material allegation of the information or indictment.
• A plea of no contest means that the accused does not challenge the charges. If the court accepts the no contest plea, it will have the same effect as a plea of guilty and any sentence may be given as if a guilty plea had been entered. The court will only accept a no contest plea after looking at the entire situation and the interest of the public in the case.

If a defendant is entering a plea in a felony case, he must do so in open court where the proceedings can be recorded. When a defendant does not enter a plea on his own behalf, the court automatically enters a plea of not guilty for him.

Withdrawing a Plea

• A not guilty plea may be withdrawn at any time prior to a person’s conviction.
• A plea of guilty or no contest may be withdrawn only when granted by the court and a showing that it was not knowingly and voluntarily made.
• A request to withdraw a plea of guilty or no contest, except for a plea held in abeyance, shall be made by motion before sentence is announced. Sentence may not be announced unless the motion is denied. For a plea held in abeyance, a motion to withdraw the plea shall be made within 30 days of pleading guilty or no contest.

As stated earlier, your Utah criminal defense attorney is the right person to advise you on entering any plea in a Utah court. This is a time when you need to rely on the expertise of a qualified attorney who understands Utah criminal law.

Ben Roethlisberger’s Big Night Photo Evidence Released

Jessica, on the topic of  Crimes, Legal Process
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photo: Georgia Bureau of Investigation Evidence

photo: Georgia Bureau of Investigation Evidence

Ben Roethlisberger was accused of rape in a Georgia nightclub earlier this year but he was able to afford a very successful criminal defense attorney who had the charges dropped. Big Ben’s career is no longer in jeopardy because of this. However, if Ben went to trial and was found not guilty, he still may have had further sanctions by the NFL and/or his sponsors. A trial by jury is a more serious matter then simple sexual assault charges that are not deemed viable by a court of law. The Georgia Bureau of Investigation released photographic evidence of his night, and video from the night as well as the investigation can also be seen here.

Defenses to Utah Crimes

Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Legal Process, Utah Law
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When you are charged with a crime, you have to plead guilty, not-guilty, or no-contest in some circumstances.  If you plead not-guilty, you have to present a defense to the charges.  Here are some typical defenses that are used:

I Didn’t Do It

Prove that I did it: The prosecution has the burden of proving that you actually committed the crime because you are presumed innocent until proven guilty.  This mean that the prosecution has to convince a judge or jury that you were in the right place, at the right time, and you committed the crime.  You, as the defendant, are not obligated to present a case, call witnesses, or even argue that the prosecutor is wrong.  If the judge or jury doesn’t believe the prosecution’s story, then you will be found not-guilty.

I Wasn’t There

If you were charged with robbery of a bank at 3pm, your alibi defense would be that you were working across town from 1pm-5pm and couldn’t have robbed the bank.  For an alibi defense to work, you will have to convince the jury with evidence that your alibi is truthful.

I Did It, But It Was Self Defense!

Charges of battery (hitting someone), assault, and murder will often result in a self-defense claim.  The defendant will argue that their actions were justified because of the other person’s (the victim) threatening actions.  The questions that will be important here are (1) who was the aggressor, (2) was the threat that the defendant perceived a reasonable threat, and (3) did the defendant use only the reasonable force necessary to protect himself?  If a reasonable person in similar circumstances would have been justified in using the same force that the defendant used, then the defendant has the right to protect himself.  But the defendant can only use force that is reasonable to combat the threat (fist vs. fist okay, but shooting someone with a gun who only threatens you with a fist is not okay).

I Did It, But I Was Insane!

This defense rarely works, and when it does, the defendant doesn’t simply go free.  To prove insanity, the defendant must prove insanity, which can only be accomplished by involving psychiatrists.  The defendant must go through complex testing of their mental state.  If the defendant is found not guilty by reason of insanity, the defendant will be moved to a psychiatric hospital where they will be treated.  Sometimes, the time spent in this hospital will be longer than the prison sentence they would have gotten with a guilty plea.

In Utah, the insanity defense will not work because the state abolished it.  However, a defendant can be found guilty but mentally ill.

Whatever defense you want to present, having the assistance of a skilled Utah Criminal defense attorney will help you to decide what kind of defense is best for you.

Jury Verdicts in Utah

Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Legal Process, Utah Law
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After a trial, there are only four verdicts available.  All verdicts in a criminal case must be unanimous.

Guilty: If a jury finds the defendant guilty, the defendant’s next step is a sentencing hearing.  The defendant has the right to be sentenced within 30 days, or if he chooses, the same day of conviction.

Not-guilty: If a jury finds the defendant not-guilty, the defendant is free to leave and the case is over.  The defendant cannot be charged again for the same crime on the same facts (double jeopardy).

Not-guilty by reason of insanity:  If a jury finds the defendant not-guilty by reason of insanity, the defendant may be moved to a psychiatric hospital where they will be treated.  Sometimes, the time spent in this hospital will be longer than the prison sentence they would have gotten with a guilty plea.

Guilty and mentally ill:  If a jury finds the defendant guilty and mentally ill, the defendant will go to prison, a psychiatric hospital, or a combination of both.