Posts Tagged ‘Utah Lawyer’

How To Hire A Utah Criminal Defense Attorney

Jul
03
Utah Criminal Defense Blog, on the topic of  Constitutional Rights, Hiring a Lawyer
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Hiring a Utah criminal defense attorney does not need to be a difficult process.  Some attorneys may charge a nominal consultation fee to meet with you but bear in mind that paying a large consultation fee is far better than paying a full retainer only to find out later that you have hired the wrong Utah criminal defense attorney.

 When looking for a criminal attorney, look for someone who:

*Has a great reputation in the legal community.

*You feel comfortable with. Remember that simply because an attorney pops up first in a google search it does not mean they are a good attorney

*Identifies the issues in your case and raises those issues in an appropriate, understandable, and compelling way

*Is smart, convincing, and credible

 Be particularly weary of attorneys who promise certain results. Remember that even the best criminal defense lawyers can not guarantee a particular result. An attorney who promises the moon, lacks credibility and is probably not respected by prosecutors, judges, and a future jury.

 Be sure to do research before hiring an attorney. Ask questions such as:

*How many trials they have done in the last year?

*How many cases were dismissed or resolved by a defense   motion?

*Have they repeatedly secured favorable outcomes for their clients?

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Posted in Constitutional Rights, Hiring a Lawyer | 1 Comment »

How to Hire the Best Utah Criminal Attorney for a Family Member Who is in Jail

Jan
13
Clayton Simms, Criminal Defense Attorney, on the topic of  Hiring a Lawyer
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Hiring the best Utah criminal attorney for a family member charged with a crime can be a daunting task. It is especially challenging if that family member is in jail and can not meet with a lawyer. If you conduct a google search for “Best Utah Criminal Attorney”, you’ll find hundreds of Utah criminal defense attorneys. The top 10 criminal defense attorneys may not appear in top 10 google results for criminal attorneys. You need to dig a little deeper and determine if they are recognized as a Super Lawyer or Legal Elite in Criminal Defense by Utah Business Magazine. Has the attorney you are hiring been recognized by fellow attorneys through an High AVVO ranking or an award such as Lawyer of the Year?

If you ask multiple friends for attorney recommendations, you’ll likely get a few different answers.  What can you do to find the best Salt Lake criminal defense attorney for you?  Here’s a checklist of questions to ask any attorney before hiring them.

1. What experience do you have with representing someone with the charges I’m facing? What strategies did you use in those cases?

2. How many jury trials have you handled? This question is more important than how long someone has been a lawyer. An older lawyer may have 25 years of practice, but may have tried less than 10 jury trials. The best Utah criminal attorneys try cases. It is the only way to test the prosecution’s case.

3. Is criminal defense all you do? Prosecutors are specialists and only focus on criminal law. You also need a lawyer who only defends people charged with crimes.

4. What are the possible outcomes of my case? If a lawyer doesn’t tell you that every criminal case is serious and that you face jail or prison time, then they are not being honest with you. Never hire an attorney who can’t tell you the truth about your case. The best attorneys don’t make promises they can’t keep just to get you to pay their fee.

5. What are you fees? If an attorney is inexpensive, then he may not have a good reputation or will plea bargain the case, rather than fight.

The most important question is whether you feel confident that this Utah criminal defense attorney can help your loved one. Again, finding a criminal attorney is not a challenge, but finding the best Utah criminal attorney for your loved one can be.

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Question: Can I change my Utah Criminal Defense attorney?

Oct
22
Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Hiring a Lawyer, Question
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Q: I hired an Utah Criminal Defense attorney that I thought was going to help me, but now I’m not so sure.  In fact, I don’t like my attorney and want to get a different attorney.  Can I do that, or am I stuck with my bad attorney?  If I can change attorneys, what should I do?

You have an absolute right to choose your Utah criminal defense attorney.  If you don’t like your current attorney, you can fire him or her and hire a new one.  (However, the best policy is to investigate who is an aggressive, smart and expert  criminal defense attorney upfront.  Hint: rely on factors like 1) the number of jury trials the attorney has handled, 2) Membership in prestigious criminal defense organizations like the American Board of Criminal Lawyers, or 3) Reputation in the community including awards and recognition from other attorneys.)

To fire your attorney, simply call them and say, “I no longer need your services.”  Then follow up by sending him or her a letter saying the same thing.  You can include the reasons you are firing him or her in your letter.  As long as you don’t have an outstanding bill with your attorney, you have the right to your file that is in the attorney’s possession.

That said, you should really ask yourself why you are firing your attorney.  Is it because they don’t communicate?  This is solvable if you send your attorney a non-threatening letter expressing your feelings.  Usually, the attorney will call you to respond (especially if you ask them to).  Remember your attorney may be filing the appropriate motions and preparing for trial in their office, and you just might not see it.   The best criminal defense attorneys in Salt Lake City will most likely be in court a lot.   Being charged with a crime is stressful and you may not like your attorney because the legal process is stressful and difficult.  Don’t fire your attorney too quickly because the next attorney may have the same advice.  For example, if you get a second opinion from another Doctor, this does not mean the diagnosis will change.

If you are a week away from trial, it probably isn’t in your best interest to fire your attorney.  Your new attorney will probably charge you to get up to speed on your case and won’t be as familiar with the case as your first attorney.  If your case is still at the beginning and you don’t like your attorney, then you can probably fire your attorney without any hardship to you.

In order to not get into a situation where you might not like your attorney, do your homework before hiring them.  Ensure that you will get along with them, that you trust them, and that you think they can handle your case competently.

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Self Representation vs. Hiring an Utah Criminal Defense Lawyer

Oct
14
Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Constitutional Rights, Hiring a Lawyer, Legal Process
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The Utah Constitution gives every Utah citizen the right to represent themselves in court.  (“A judge shall accord to every person who has a legal interest in a proceeding, or that person’s lawyer, full right to be heard according to law. Judicial Canon III b 8).  It is called pro se representation.  But should you take advantage of that right?

Defendant will represent themselves for various reasons:
•    Defendant doesn’t want a lawyer.
•    Defendant doesn’t want to hire a lawyer.
•    Defendant thinks it will be fun to act like a lawyer.
•    Defendant can hire a lawyer, but the crime is so small that they don’t want to pay for a lawyer
•    Defendant watches television shows with lawyers and thinks being a lawyer is easy.
•    Defendant thinks he knows the rules of the court.
•    Defendant is in jail and wants to write her own appeal to the Supreme Court.

Generally, it is a good idea to hire a lawyer. (Hint: when hiring a lawyer, please do your homework.   Great criminal defense lawyers will often receive awards and recognition from fellow lawyers,  are members in prestigious criminal defense organizations like the American Board of Criminal Lawyers and have extensive trial experience, which is at least 100 jury trials.)

After all, it is a lawyer’s job to know how to navigate the court system.  All lawyers go to law school for three years to learn how to be a lawyer, so reading a book on how to represent yourself in court is not a good idea if you’re going up against a prosecutor with years of experience.

However, there are some instances where a person wouldn’t need a lawyer.  If someone is charged with a small crime, like a traffic ticket, it might not make sense to hire a lawyer.  But if a person is charged with a DUI, they definitely need a lawyer.

To decide whether to hire an lawyer or not, the first thing you should do is find out the maximum punishment  for the crime you are charged with.  If the punishment is a $50 fine, you probably don’t need an lawyer.  But if the punishment is $1,000 and up to six months in jail, you need an lawyer to help you.

A lawyers will know the rules of evidence, how to address everyone in the courtroom, and will know the rules of the court.  A judge doesn’t have to explain things to a lawyer as she would with someone representing themselves.  Although you may ultimately choose to represent yourself, judges can sometimes be more tolerant with pro se litigants than with lawyers.  But that tolerance will only go so far–the judge will know that one party knows the law and the other party thinks they know the law.

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Phone Books: Secret Tool of Utah Criminal Defense Attorneys

Jun
02
Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Hiring a Lawyer
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After you are arrested, you get one phone call.  Imagine if you want to call an attorney, but you don’t know one.  You can’t search the internet or call a friend to get a recommendation.  What are you left with?  The phone book that is sitting in your jail cell.

If you open the phone book, you’ll find full page ads for certain criminal defense attorneys.  You will find other criminal defense attorneys that don’t have big ads, just their name and a telephone number.  Obviously, the attorney with the bigger ad is the better attorney because he can afford the big expensive ad, right?

WRONG!

Don’t be fooled into thinking that you will get the best result from attorneys who spend lots of money on those full page ads, or fill their ads with words like, “aggressive”, “fight for you”, or “tough.”  Those are just advertising gimmicks that you shouldn’t fall for.

Many great attorneys in the legal community do not pay for phone book ads because they depend on a different kind of advertisement: word of mouth.  These attorneys do a fantastic job for a client,  then the client tells a friend about their attorney,  then the friend hires the attorney.  Would you hire a contractor or babysitter out of the phone book?  No!  You’d probably talk to your friends first and see if they have recommendations.

Attorneys who pay for large advertisements in the phone book aren’t necessarily bad attorneys.  But when choosing an attorney, don’t fall for the advertising gimmick.  Don’t ignore attorneys with the smaller advertisements or no advertisements at all.  Research your attorney before hiring one to defend your rights.

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Your Right to a Utah Attorney in a Criminal Case

May
20
Clayton Simms, Criminal Defense Attorney, on the topic of  Constitutional Rights, Dealing with Police, Hiring a Lawyer
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After you are arrested by cops in Salt Lake, Utah the first thing they will do is give you a Miranda Warning:

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you?”

Sometimes, a cop will also ask, “With these rights in mind, do you wish to speak to me?” Just say no! Even if you are innocent, say no.  It is better to have an experienced Utah criminal attorney by your side protecting your rights than to do it by yourself.  Although police might intimidate you into talking, they could turn what you say into an admission of guilt.  Don’t let them!  Innocent people try to explain themselves to the police.  This is a mistake because your words could be twisted by police.  Don’t say a damn thing!

You have a 6th Amendment right that guarantees you the right to be represented by a Utah attorney in a criminal case where jail or prison time may be imposed.  If questioned by the police remember to remain silent and ask for an attorney. Remember it is the police’s job to put you in jail, so don’t be afraid to ask for your Utah criminal attorney.

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Posted in Constitutional Rights, Dealing with Police, Hiring a Lawyer | Comments Off