CRIMINAL DEFENSE

ARE YOU ABOUT TO BE ARRESTED?
HAVE YOU BEEN ARRESTED OR CHARGED WITH A CRIME?

If you are facing criminal prosecution it is important that you speak with an attorney who can guide you through this process. One mistake may make the difference between prison and freedom. You need to protect your rights. To do this you need to talk to an attorney that has experience, knowledge and a desire to protect your rights.

The law firm of Allen, Richards and Pace, P.C. has exactly that. This group of trial attorneys has literally defended tens of thousands of criminal defendants in every type of case imaginable and in State, Federal and Military courts. The aggressive, innovative and well reasoned defense of your case is a guarantee.

We have the experience, we know the judges, we do the research and we get results.

COURTS
STATE COURTS
FEDERAL COURTS
APPELLATE COURTS
MILITARY COURTS

CRIMES OF VIOLENCE
MURDER
HOMICIDE
MANSLAUGHTER
ROBBERY
ASSAULT
DOMESTIC VIOLENCE
ILLEGAL POSSESSION OF WEAPON
VEHICULAR HOMICIDE

SEX CRIMES
RAPE
SEXUAL ASSAULT
SEX WITH A MINOR
COMPUTER SOLICITATION
OTHER SEX CRIMES

PROPERTY CRIMES
THEFT
BURGLARY
THEFT BY DECEPTION
FORGERY
CREDIT CARD CRIMES
COMPUTER CRIMES
EMBEZZLEMENT
FRAUD

DRUG AND ALCOHOL OFFENSES
DUI  (DRUNK DRIVING)
POSSESSION OF CONTROLLED SUBSTANCE
POSSESSION OF PARAPHERNALIA
CLANDESTINE LAB
DISTRIBUTION OF CONTROLLED SUBSTANCE

OTHER CRIMINAL OFFENSES

STATE COURTS
It is important to have an attorney that knows the state court system and knows the Judge that will be hearing your case. This knowledge will allow for the most effective defense, with emphasis being used in appropriate areas. It is also important to know the opposition.  At Allen, Richards and Pace, P.C. one of our attorneys was formerly a prosecutor, giving our firm additional insight that can be used for your benefit.

All of our attorney’s have extensive practice in the state court system, and know the judges that will be assigned to your case.
Consequences for the conviction of a State Crime may potentially include:

Likelihood of any of the above consequences depends upon the following factors:

Defenses of State Crimes may potentially include:

What can you do to improve the outcome of your case?

What can we do to help?

 

FEDERAL COURTS
The jurisdiction exercised by the Federal criminal courts is not obvious. For example, bank robbery is a Federal offense and convenience store robbery is a State offense. However, any crime committed while on Federal property would fall under the jurisdiction of a Federal court. Certain offenses have concurrent jurisdiction, meaning they can be charged in either court.  Typically Federal charges carry stiffer fines and longer prison sentences than the same crime charged in state courts.
It is important to get with an attorney immediately because often an attorney can affect where the charge is filed.

Sentencing in Federal Courts is completely different than state court sentencing. The federal courts use the Federal Sentencing Guideline (some of which have recently been declared unconstitutional by the U.S. Supreme Court). It is important that you have an attorney with federal experience if charged in the federal courts.
Consequences for the conviction of a Federal Crime may potentially include:

Likelihood of any of the above consequences depends upon the following factors:

Defenses of Federal Crimes may potentially include:

What can you do to improve the outcome of your case?

What can we do to help?

APPELLATE COURTS
Appellate court practice is totally different from the trial court experience. The appellate system operates to review the trial court judge’s actions and then determine if errors or constitutional violations occurred. There are exact procedure and time lines that must be followed to the letter. Any deviation from these procedures can result in a dismissal of your case.

Our firm has attorneys with extensive appellate court practice, including Utah Supreme Court, Utah Court of Appeals, United States Supreme Court, and various Federal Appellate Courts. We have one of the highest winning percentages in the appellate courts of any firm in the state. Having the experience to successfully write a brief for the appellate court is a necessity. Have the benefit of extensive oral argument  experience helps ensure that you receive the best possible defense on appeal. 

An appeal is generally done through the writing and filing of a brief. An appellate brief is a lengthy legal document that reviews the facts of your case, the claims of errors and the request for a remedy of those errors. The brief is somewhat like an extensive report, covering the facts of your case and then comparing those facts to other cases that have been reversed on appeal. The research required for these brief is wide-ranging, and the application of logic and reason is an intricate part of your appellate brief.
What can we do to help?

MILITARY COURTS
The military court is a completely different animal. The procedures are different and the terms used are foreign to most state court attorneys. Military trials are called courts-martial and the juries are composed of military personnel, who can be both enlisted and officers, referred to as members. Typically, the court-martial juries are comprised of officers.  Military crimes are ‘referred’ to one of three types of courts-martial: Summary court-martial, where one officer serves as Judge and Jury with the maximum confinement time being 30 days; Special court-martial, the military equivalent of a civilian misdemeanor with the maximum confinement time being 1 year; and General court-martial, the military equivalent of a civilian felony court with the maximum length of confinement determined by the particular crime. There are also a host of non-judicial punishment (NJP) procedures known Article 15 in the Air Force and Army,  Captain’s Mast in the Navy, and Office Hours in the Marine Corps.  These NJP’s  although not permitting confinement, can have the same career-ending consequences as a court-martial conviction. Military rights and rules of practice are very unique, and should be discussed with an attorney specializing in military law. The military courts use a code of laws called the Uniform Code of Military Justice (UCMJ). The prosecutors are called Judge Advocate Generals (JAG).
Consequences for the conviction of a Military Crime may potentially include:

Likelihood of any of the above consequences depends upon the following factors:

Defenses of Military Crimes may potentially include:

What can you do to improve the outcome of your case?

What can we do to help?

MURDER,  HOMICIDE, MANSLAUGHTER
Homicide  is the killing of one human being by another either lawfully or unlawfully. Homicide includes murder and manslaughter, which are unlawful, and the acts of excusable and justifiable homicides, which are lawful.  In Utah, the consequences of an aggravated homicide include the possibility of the DEATH PENALTY.  It is vitally important that you immediately seek competent counsel. Manslaughter is the killing of one human being by another either without the required intent for murder, or under certain circumstances generally known as “heat of passion”.

Consequences for the conviction of Murder may potentially include:

Consequences for the conviction of Murder may potentially include:

Likelihood of any of the above consequences depends upon the following factors:

Defenses of Murder may potentially include:

What can you do to improve the outcome of your case?

What can we do to help?

ROBBERY
A person commits ROBBERY when he/she takes the personal property of some value belonging to another directly from that person. The offense becomes AGGRAVATED ROBBERY  when a weapon is used in the robbery. One of the elements of the offense is that the person took the property and had the specific intent to deprive the alleged victim permanently of that property; and that person carried the property away by obtaining physical possession and control for some period of time and by some movement of the property. There are often significant defenses to the charge of robbery that need to be explored by a competent trial attorney.
Consequences for the conviction of Robbery may potentially include:

Likelihood of any of the above consequences depends upon the following factors:

Defenses of Robbery may potentially include:

What can you do to improve the outcome of your case?

What can we do to help?

ASSAULT AND AGGRAVATED ASSAULT
Assault occurs when one person threatens or uses physical violence on another person. Aggravated Assault occurs when that assault includes the threat or use of a dangerous weapon or serious bodily injury results.
Consequences for the conviction of Assault may potentially include:

Likelihood of any of the above consequences depends upon the following factors:

Defenses of Assault may potentially include:

What can you do to improve the outcome of your case?

What can we do to help?

DOMESTIC VIOLENCE
Domestic violence is an aggravating factor that is added to a charge. Examples are DV assault, DV disorderly conduct, DV interruption of a communication device etc. The added consequences of a Domestic Violence addition to a charge can be severe.
Consequences for the conviction of Domestic violence offense may potentially include:

Likelihood of any of the above consequences depends upon the following factors:

Defenses of Domestic violence may potentially include:

What can you do to improve the outcome of your case?

What can we do to help?

ILLEGAL POSSESSION OF WEAPON
Certain individuals by law are not allowed to possess a dangerous weapon. These individuals include certain convicted felons and individual on parole or probation. They also may include persons with a domestic violence conviction or a person subject to a protective order. The definition of a weapon includes a firearm, knife and sometimes even things such as scissors.
Consequences for the conviction of possession of a weapon may potentially include:

Likelihood of any of the above consequences depends upon the following factors:

Defenses of possession of a weapon may potentially include:

What can you do to improve the outcome of your case?

What can we do to help?

VEHICULAR HOMICIDE
Certain automobile accidents can result in charges of vehicular homicide, if a person dies in the accident and there are allegations of criminal negligence involved in the driving.
Consequences for the conviction of Vehicular homicide may potentially include:

Likelihood of any of the above consequences depends upon the following factors:

Defenses of Vehicular homicide may potentially include:

What can you do to improve the outcome of your case?

What can we do to help?

RAPE
SEXUAL ASSAULT
The crimes of rape and sexual assault are some of he most serious offenses and often the most complicated to defend. These crimes often carry the potential of mandatory prison sentences and lengthy or lifetime sexual reporting requirements. Often these crimes involve little or no physical evidence – just an accusation of the alleged victim. Quite often a DNA analysis must be used or discredited in the defense of these crimes. Due to the nature of these offenses, an attorney of the highest caliber should be called upon. Consequences for the conviction of rape and sexual assault may potentially include:

Likelihood of any of the above consequences depends upon the following factors:

Defenses of rape or sexual assault may potentially include:

What can you do to improve the outcome of your case?

What can we do to help?

SEX WITH A MINOR
The crimes of illegal sexual contact with a minor are some of he most serious offenses and often the most complicated to defend. These crimes often carry the potential of mandatory prison sentences and lengthy or lifetime sexual reporting requirements. Often these crimes involve little or no physical evidence – just an accusation of the alleged victim. Quite often a DNA analysis must be used or discredited in the defense of these crimes. Due to the nature of these offenses, an attorney of the highest caliber should be called upon.
Consequences for the conviction of sex with a minor may potentially include:

Likelihood of any of the above consequences depends upon the following factors:

Defenses of sex with a minor may potentially include:

What can you do to improve the outcome of your case?

What can we do to help?

COMPUTER SOLICITATION

A rather recently passed crime is that of computer solicitation of a minor for sexual purposes. Computer solicitation is one of he most serious offenses and often the most complicated to defend. The prosecutor simply has to prove that you were on the computer and solicited some sexual act from a minor. The general penalty is one degree lower than the offense proposed to be committed. In other words, if you solicited oral sex from a minor, and never even had contact with the minor, you could be convicted of a felony offense. These crimes often carry the potential of prison sentences and lengthy or lifetime sexual reporting requirements. Often these crimes involve little or no physical evidence – just an accusation of the alleged victim. Quite often a DNA analysis must be used or discredited in the defense of these crimes. Due to the nature of these offenses, an attorney of the highest caliber should be called upon.
Consequences for the conviction of computer solicitation may potentially include:

Likelihood of any of the above consequences depends upon the following factors:

Defenses of computer solicitation may potentially include:

What can you do to improve the outcome of your case?

What can we do to help?

OTHER SEX CRIMES
There are numerous other sex crimes in the state of Utah. Most of these crimes are very serious in nature and carry significant penalties and consequences. These types of crime are some of he most serious offenses and often the most complicated to defend. These crimes often carry the potential of mandatory prison sentences and lengthy or lifetime sexual reporting requirements. Often these crimes involve little or no physical evidence – just an accusation of the alleged victim. Quite often a DNA analysis must be used or discredited in the defense of these crimes. Due to the nature of these offenses, an attorney of the highest caliber should be utilized.
Consequences for the conviction of sex crimes may potentially include:

Likelihood of any of the above consequences depends upon the following factors:

Defenses of sex crimes may potentially include:

What can you do to improve the outcome of your case?

What can we do to help?

THEFT
Theft is the generic term used for the crime of intending to permanently depriving a person of property. There are specific categories of theft that include auto theft, theft of services, etc. Generally the severity of theft crimes depends on the value of the property that was allegedly taken. Some thefts, such as theft of a motor vehicle, or theft of livestock are automatically 2nd degree felonies.
Consequences for the conviction of theft may potentially include:

Likelihood of any of the above consequences depends upon the following factors:

Defenses of theft may potentially include:

What can you do to improve the outcome of your case?

What can we do to help?

 

BURGLARY
Burglary occurs when a person enters or remains in a building without permission or authority with the intent to commit an assault, theft or felony. It is often wrongly believed that a person must “break in” in order to be guilty of the crime of burglary. However, simply entering a building through an unlocked door may constitute the crime in certain circumstances. The category of this offense, whether a 1st, 2nd, or 3rd degree felony, depends on the type of building that is entered and whether or not it is committed in an aggravated manner. 
Consequences for the conviction of burglary may potentially include:

Likelihood of any of the above consequences depends upon the following factors:

Defenses of burglary may potentially include:

What can you do to improve the outcome of your case?

What can we do to help?

THEFT BY DECEPTION
Theft by deception is the specific form of theft that involves the use of deception to commit the crime of intending to permanently depriving a person of property.. Generally the severity of theft by deception crimes depends on the value of the property that was allegedly taken. Some thefts, such as theft of a motor vehicle, or theft of livestock are automatically 2nd degree felonies.
Consequences for the conviction of theft may potentially include:

Likelihood of any of the above consequences depends upon the following factors:

Defenses of theft may potentially include:

What can you do to improve the outcome of your case?

What can we do to help?


FORGERY
Forgery involves the act of signing or passing a document that is purported to be that of another. It is often mistakenly believed that if you don’t do the signing you can’t be found guilty of forgery. The crime actually covers acts such as that.  There are numerous defenses to the crime of forgery which may include the use of handwriting analysts.
Consequences for the conviction of Forgery may potentially include:

Likelihood of any of the above consequences depends upon the following factors:

Defenses of Forgery may potentially include:

What can you do to improve the outcome of your case?

What can we do to help?

COMPUTER CRIMES
Computer crimes cover a vast array of criminal acts in which a computer is utilized. These crimes can include the use of a computer to forge documents, the use of a computer to change or transfer money or accounts, and the use of a computer to conduct fraudulent schemes. Computer transfer or sale of pornography can be a federal offense. Often computer crimes are prosecuted in the federal courts due to the interstate nature of these crimes. Due to the technical skills needed for this type of defense, it is important to have an attorney with the proper resources to handle this type of criminal defense.
Consequences for the conviction of computer crimes may potentially include:

Likelihood of any of the above consequences depends upon the following factors:

Defenses of computer crimes may potentially include:

What can you do to improve the outcome of your case?

What can we do to help?

EMBEZZLEMENT
Embezzlement involves the taking of funds, money or other item of value from a place of employment or from another. The offenses of embezzlement are varied and a defense which works on one type of embezzlement, may not work in another type of embezzlement. The defense of these crimes is often complicated and requires an attorney with experience and ingenuity.
Consequences for the conviction of embezzlement  may potentially include:

Likelihood of any of the above consequences depends upon the following factors:

Defenses of embezzlement crimes may potentially include:

What can you do to improve the outcome of your case?

What can we do to help?

FRAUD
Fraud, typically a second degree felony, generally involves the use of a plan of deception in a theft of something of value. Due to the technical skills needed for this type of defense, it is important to have an attorney with the proper resources to handle this type of criminal defense.
Consequences for the conviction of fraud may potentially include:

Likelihood of any of the above consequences depends upon the following factors:

Defenses of fraud may potentially include:

What can you do to improve the outcome of your case?

What can we do to help?

DUI  (DRUNK DRIVING)
DUI is one of the most common criminal offenses, and is usually a class B misdemeanor. On a third or subsequent offense, the crime of DUI can become a felony. Even at the misdemeanor level, it is arguably the most serious offense and carries expensive and long lasting consequences. In addition to the general punishments, a DUI may entail the loss of driving privileges and potential increase of insurance. The cost of SR-22 insurance generally increases premiums by over $100 per month.  If a blood alcohol level exceed .16 or it is a second offense the court may require an interlock device be put on every car you own at an approximate cost of $4000. It is important to have an experienced attorney to prevent or reduce these type of consequences.

You may also lose your privilege to drive for 3 or more months simply on an arrest.
It is important that you retain counsel immediately in order to request a driver’s license hearing within 10 days of arrest or citation or you can automatically lose your driving privileges for a minimum of 3 months to 18 months or more.
Consequences for the conviction of DUI may potentially include:

Likelihood of any of the above consequences depends upon the following factors:

Defenses of DUI may potentially include:

What can you do to improve the outcome of your case?

What can we do to help?

POSSESSION OF CONTROLLED SUBSTANCE
POSSESSION OF PARAPHERNALIA
Any drug related offense carries long-lasting consequences. Many of these charges are felonies, and are often enhanced due to multiple convictions or possessing the drugs in a “drug free zone” (DFZ). There are various constitutional and evidentiary defense to drug offenses. There are also possible non-judicial alternatives that an attorney may utilize on your  behalf.
Consequences for the conviction of Drug offenses may potentially include:

Likelihood of any of the above consequences depends upon the following factors:

Defenses of Possession of drugs or paraphernalia may potentially include:

What can you do to improve the outcome of your case?

What can we do to help?


CLANDESTINE LAB
DISTRIBUTION OF CONTROLLED SUBSTANCE
Any drug related offense carries long-lasting consequences. The distribution of drugs or the operation of a clandestine lab  can make the charges even more severe. Many of these charges are often enhanced due to multiple convictions or possessing the drugs in a “drug free zone” (DFZ). There are various constitutional and evidentiary defense to drug offenses.
Consequences for the conviction of distribution or lab offenses may potentially include:

Likelihood of any of the above consequences depends upon the following factors:

Defenses of distribution or clandestine lab may potentially include:

What can you do to improve the outcome of your case?

What can we do to help?


OTHER CRIMINAL OFFENSES
The Utah law contains literally hundreds of criminal offenses. Each offense has its own elements, and consequently each has a particular defense. This is not the type of case where “one size fits all”.  The potential for imprisonment or the loss of freedoms and rights is high. You need to protect your rights. To do this you need to talk to an attorney that has experience, knowledge and a desire to protect your rights.  The law firm of Allen, Richards and Pace, P.C. has literally defended tens of thousands of criminal defendants in every type of case imaginable and in State, Federal and Military courts.

Consequences for the conviction of criminal offenses may potentially include:

Likelihood of any of the above consequences depends upon the following factors:

Defenses for various criminal offenses may potentially include:

What can you do to improve the outcome of your case?

What can we do to help?

DISCLAIMER

The statements above are not legal advice! This statements are not intended to be a comprehensive statement of law of your particular case. This statement is intended to give you a very general understanding of what is involved in this type of crime. Please consult an attorney to find out what law applies to your particular case.