You really want an attorney who goes to court a lot. You don't want an attorney who never goes to court, who doesn't know the judges, or is just plain scared of the judge.
I explain in this video that I got to court 2-3 times a week. I've been a criminal defense attorney for years. I know the process in and out and I am the one you should call if you have criminal defense questions.
This is my profile on AVVO:
Profile of James R. Balmforth
This is my profile on Guardian Law:
James R. Balmforth Profile
This is the new video I just shot:
Amazing Youtube Video
After you watch it, tell me what you think?
Enjoy,
James R. Balmforth, Esq.
Attorney at Law
Wednesday, March 23, 2016
Monday, March 21, 2016
Saturday, March 19, 2016
What are the maximum penalties for a Class A misdemeanor in Utah?
In Utah, there are 3 classes of misdemeanor crimes.
Class A
Class B
and
Class C.
I'll address a Class A Misdemanor here first, then Class B in another post and lastly Class C in an later post.
"CLASS A"
A "Class A" misdemeanor crime is the most severe or the highest or "worst" criminal offense in the misdemeanor category. Class A misdemeanors are tried in District Court or a court of general jurisdiction in Utah. There is NO prison sentence that can be given for a guilty plea or guilty verdict in a Class A misdemeanor case. However, there IS the possibility of a county jail term.
Some Class A misdemeanors crimes in Utah include "criminal mischief"; DUI when someone what harmed; Negligent Homicide; Theft; Possession of less than 16 oz of Marijuana; assault on a police officer; or an "attempt" crime. An "attempt crime" is one where you attempt to commit a felony crime but you didn't actually commit the crime. You just "attempted" to do it.
So the Maximum possible jail time on a Class A misdemeanor is one year in jail. That is the maximum. If found guilty or plead guilty or "no contest" you could get less. I've personally seen cases where individuals on a guilty plea on a Class A has received no jail time. Just because you could get that, doesn't mean you will. The judge will look at all of the factors in making the determination.
Now, the maximum fine is $2,500.00. Now that is the fine portion. The court can add on what I call "junk fees" which are like public defender re-coupment fees and other costs that are not part of the "fine" -- so it could be more. Additionally, depending on if there was a victim or damage done to property or money lost to the victim, the court can order restitution, which means you have to pay money to the court that will be ultimately given to the victim in the case.
That's the worse case scenario. But like I said, many times it is less.
I hope this information was helpful to you.
Best,
James R. Balmforth, Esq.
801-676-7308
Class A
Class B
and
Class C.
I'll address a Class A Misdemanor here first, then Class B in another post and lastly Class C in an later post.
"CLASS A"
A "Class A" misdemeanor crime is the most severe or the highest or "worst" criminal offense in the misdemeanor category. Class A misdemeanors are tried in District Court or a court of general jurisdiction in Utah. There is NO prison sentence that can be given for a guilty plea or guilty verdict in a Class A misdemeanor case. However, there IS the possibility of a county jail term.
Some Class A misdemeanors crimes in Utah include "criminal mischief"; DUI when someone what harmed; Negligent Homicide; Theft; Possession of less than 16 oz of Marijuana; assault on a police officer; or an "attempt" crime. An "attempt crime" is one where you attempt to commit a felony crime but you didn't actually commit the crime. You just "attempted" to do it.
So the Maximum possible jail time on a Class A misdemeanor is one year in jail. That is the maximum. If found guilty or plead guilty or "no contest" you could get less. I've personally seen cases where individuals on a guilty plea on a Class A has received no jail time. Just because you could get that, doesn't mean you will. The judge will look at all of the factors in making the determination.
Now, the maximum fine is $2,500.00. Now that is the fine portion. The court can add on what I call "junk fees" which are like public defender re-coupment fees and other costs that are not part of the "fine" -- so it could be more. Additionally, depending on if there was a victim or damage done to property or money lost to the victim, the court can order restitution, which means you have to pay money to the court that will be ultimately given to the victim in the case.
That's the worse case scenario. But like I said, many times it is less.
I hope this information was helpful to you.
Best,
James R. Balmforth, Esq.
801-676-7308
Saturday, March 5, 2016
I thought I would start my blog by saying my goal is to help you understand Criminal Law in the State of Utah. So, I'll start by telling you about DUIs. A DUI as you probably know stands for "Driving Under the Influence."
Even if you aren't convicted of a DUI, if you are just charged with a DUI, you will face certain problems. First, your driver's license will be suspended for 90 days. Don't make the mistake of refusing to submit to a blood test or a breathalyzer test because that will get your driver's license suspended for 18 months.
If charged, and it's your first offense, you will likely only be charged with a misdemeanor crime. There are several different options to fight a DUI, and this is why you need to speak with an attorney. There may be circumstances that we can use to challenge the evidence against you to either get the case against your dropped (also called dismissed) or get a plea deal or plea bargain to get you a lesser offense (like reckless driving; careless driving, or even a traffic citation).
There is no silver bullet when it comes to DUI defense. A lot of your case will depend on the facts. When a case is filed, we can get what is called "discovery." Discovery is essentially all of the evidence in your case (both good and bad evidence). A good lawyer goes through the evidence with a fine tooth comb and searches for errors that the police may have made to assist your case. Going through discovery is important so no stone is unturned. If we find a gold nugget - we'll use it to your advantage. Again, facts are everything.
I hope this article has been helpful to you. I will post often. Leave me a question you need answered and I'll do my best to post a reply here.
Until next time.
Even if you aren't convicted of a DUI, if you are just charged with a DUI, you will face certain problems. First, your driver's license will be suspended for 90 days. Don't make the mistake of refusing to submit to a blood test or a breathalyzer test because that will get your driver's license suspended for 18 months.
If charged, and it's your first offense, you will likely only be charged with a misdemeanor crime. There are several different options to fight a DUI, and this is why you need to speak with an attorney. There may be circumstances that we can use to challenge the evidence against you to either get the case against your dropped (also called dismissed) or get a plea deal or plea bargain to get you a lesser offense (like reckless driving; careless driving, or even a traffic citation).
There is no silver bullet when it comes to DUI defense. A lot of your case will depend on the facts. When a case is filed, we can get what is called "discovery." Discovery is essentially all of the evidence in your case (both good and bad evidence). A good lawyer goes through the evidence with a fine tooth comb and searches for errors that the police may have made to assist your case. Going through discovery is important so no stone is unturned. If we find a gold nugget - we'll use it to your advantage. Again, facts are everything.
I hope this article has been helpful to you. I will post often. Leave me a question you need answered and I'll do my best to post a reply here.
Until next time.
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