Criminal Defense 2017-07-09T02:47:06+00:00

CRIMINAL DEFENSE

 

Expungement and Conviction – Reduction – Drug Crimes – White Collar Crimes – Misdemeanor Crimes – Felonies, Appeals & Juvenile Offenses – Federal Crimes – Criminal Issues in Immigration

 

CRIMINAL DEFENSE

Provo Criminal Defense Lawyer

Esplin | Weight is an experienced and capable criminal law firm located in Provo, Utah. Our criminal attorneys aggressively defend clients throughout Utah and the Wasatch Front.  We handle all types of felony and misdemeanor criminal cases and in virtually every court from Logan to St. George. In every criminal case, our goal is to protect your rights and freedom.

If you have been arrested or charged with a crime, it is important to get legal counsel right away. Contact one of our criminal attorneys 24 hours a day 7 days a week by calling 801-373-4912.  If you are calling after hours in an emergency situation, dial # 1 and you will be directed to our on-call attorney.

We Defend Clients Against a Variety of Charges

The lawyers at Esplin | Weight, include three former prosecutors. We understand how the prosecution is likely to develop their case and pursue conviction. We know how to uncover the weaknesses in the prosecution’s case and effectively challenge their arguments. We defend clients accused of all types of criminal law violations, including:

  • Felonies, appeals, and juvenile offenses
  • Sex offenses
  • Drug crimes
  • White collar crimes
  • Federal crimes and federal appeals
  • DUI, DWI and related charges
  • Violent crime charges
  • Theft, burglary, and other property crime charges
  • Sex cases
  • Homicide

In addition, we help clients obtain reductions in criminal convictions (often referred to as a “402 motion”) and expungements of criminal arrests and convictions.

We Provide an Aggressive Defense

Utah prosecutors are aggressive and doggedly fight for convictions. To protect your rights and preserve your freedom, you need a criminal defense attorney  team that is just as aggressive. Our attorneys have extensive experience defending clients in all state and federal courts in Utah. We have the ability to evaluate the strength of the prosecution’s case and know how to negotiate for lesser charges or obtain alternative sentencing options.

In the event a resolution acceptable to the client is not available, we have extensive and successful experience in defending all types of criminal cases at the trial level. Our experience includes trials involving the simplest misdemeanor cases to trials of complex criminal cases.

Call for a Consultation With a Utah Defense Lawyer

Whether you have been charged with assault and battery, drug trafficking, insurance fraud, or any other criminal matter, we will work to defend your rights and preserve your freedom. Contact us by calling 801-373-4912 for an initial consultation to discuss your case.

  • Michael D. Esplin
  • Stephen R. Frazier
  • Gary Hill Weight
  • Scott Weight
  • Spencer Thomas
  • Laura Cabanilla

EXPUNGEMENT & CONVICTION REDUCTION

Provo, Utah Expungement and “402 Reduction” Lawyers

A criminal conviction can have a lifelong impact, affecting you long after you have served your debt to society. A conviction can make it difficult to find employment, rent an apartment or obtain certain professional licenses. However, there is a way to get certain crimes removed, or expunged, from your criminal record. At Esplin | Weight, our Provo expungement attorneys are experienced in clearing criminal records so you can get a new start in life.

If a past conviction is haunting you, we are here to help. Contact an attorney for an expungement or for a 402 reduction in charges. Call 801-373-4912 for a free initial consultation.

What Is Expungement?

Expungement is a legal remedy that in essence erases all records related to an arrest, investigation, detention, conviction or dismissal. This means that any record that has been expunged will not be available even through the FBI. Thus, employers, landlords and other individuals will not be able to view these records. When a record has been expunged, you can truthfully state on job applications that you were never arrested nor convicted for that particular crime.

What Crimes Can Be Expunged?

Not every criminal record can be sealed. In general, if you have been arrested but never convicted of the crime, the arrest record can be sealed right away. If you have been convicted of a crime, you can seek to have your record expunged following a certain amount of time after completing probation or court-ordered supervision.

There are certain crimes that cannot be sealed, including violent felonies, vehicular homicide, felony DUI and sex offenses. The attorneys at our Provo DUI defense law firm can review your case and let you know if it is possible to seal your criminal record.

We Also Handle Conviction Reductions

It may be possible to have your record expunged even sooner than what is required by law through a conviction reduction or “402 motion”. Our Criminal Defense Lawyers can file a motion that may get your conviction reduced by up to two degrees. For example, if you were convicted of a Class A misdemeanor, you will not be eligible to have that record sealed until five years later. However, if it can be reduced to a Class B or C misdemeanor, you will only have to wait three years. We can let you know what your options are. Also it may be possible to reduce a Second Degree Felony to a Class A Misdemeanor, depending on the circumstances.

Call for a Consultation With an Attorney to Expunge, Reduce, or Seal Your Criminal History

We can help you put your criminal history behind you.  Contact Esplin | Weight at 801-373-4912 for an initial consultation to discuss your options for 402 reduction or expungement.

DRUG CRIMES

Provo Utah Drug Charge Lawyer

Attorneys for People Charged With Drug Offenses

If you’ve been charged with a drug crime, you are facing some potentially very serious consequences, including not only jail time and fines but also a long-term criminal record and driver’s license consequences. You need a defense attorney who is fully familiar with all possible ways of responding to a drug charge.

At Esplin | Weight, we have helped many clients avoid or reduce the consequences of drug crime charges using a variety of strategies. Contact us at our offices in Provo to arrange a free initial consultation about your charges or those of a family member or associate who is currently in jail.

Pursuing All Available Criminal Defense Options

Our defense attorneys defend clients against a full range of Utah drug charges, including felonies and misdemeanors. We handle cases involving possession and/or distribution of illegal drugs such as marijuana, methamphetamine, and heroin, as well as cases involving prescription fraud or prescription abuse.

We are experienced with all of the options for resolving a drug charge. Depending on the exact nature of your case, these may include plea bargaining, reduction of your charges, or dismissal in a drug court rehabilitation program. We have extensive experience with Drug Courts and will look at that as a viable option to resolve a case and gain a maximum benefit to the client. We can also help clients in finding a treatment provider if there is a need.

Although we explore the full range of options with each client, we also immediately begin preparing each case for the possibility of going to trial. Being prepared for trial is extremely important if you and your attorney are going to be taken seriously by the prosecutor.

We will also investigate the circumstances of your arrest to determine whether there was an illegal search and/or seizure, which could lead to dismissal of your charges.

Pursuing Reasonable Bail Terms for Clients in Jail

If you are contacting us on behalf of someone who has been arrested and is still in jail, we can attend the bail hearing on behalf of your client and try to get a lower bail that requires less out-of-pocket cash to get the accused person out of jail.

Whether you or a family member is facing a drug charge, don’t hesitate to contact us to get an experienced criminal defense lawyer working on the case and protecting the accused person’s rights throughout the process.  To speak to a criminal attorney 24/7, call 801-373-4912.  Dial 1 if you need emergency help after hours to be directed to an on call defense lawyer or for bail bond referrals.

WHITE COLLAR CRIMES

Provo UT Fraud Charge Defense Lawyer

Attorneys for Clients Accused of Financial Crimes

If you’ve been charged with a white collar crime such as fraud or embezzlement, you could be facing significant jail time, as well as financial penalties and a long-term criminal record. You need an attorney who is prepared to fight for your rights and take your case to trial if necessary.

At Esplin | Weight, we have defended many clients against Utah white collar crime charges. Contact us at our offices in Provo to schedule a free initial consultation with one of our criminal defense lawyers.

Defending You Against Serious Accusations

White collar crime is a general term for criminal offenses involving the theft of money or property through some sort of dishonest, though nonviolent, behavior. Common white collar charges under Utah law include:

  • Investment fraud (including securities fraud)
  • Communications fraud (including wire fraud and mail fraud)
  • Check fraud
  • Embezzlement

Any alleged white collar crime involving more than $5000 in cash or valuable goods will generally be charged in Utah as a felony, which may involve imprisonment for more than a year. Having a white collar crime on your criminal record can also have serious future employment consequences. It is extremely important for you to consult an experienced criminal defenselawyer as soon as possible.

Sorting Out the Complexities of Your Charges

There are several things that stand out about white collar crime cases. Often, these cases involve multiple, overlapping criminal accusations that require careful analysis by your criminal defense attorney. Also, there are often many alleged victims, each of which has a distinct claim.

Depending on the details of your case, the prosecutor may be seeking restitution for the alleged victims. We will carefully weigh the restitution that is being sought with the potential jail time consequences when advising you about your options.

If you’ve been accused of a white collar charge such as fraud or embezzlement, don’t hesitate to contact us to get an experienced criminal defense trial lawyer working on your case.

MISDEMEANOR CRIMES

Provo UT Misdemeanor Defense Lawyer

Taking Misdemeanor Charges Very Seriously

A misdemeanor may sound like a minor criminal charge, but if you’ve been charged with a misdemeanor crime in Utah, you could be facing up to a year in jail as well as other serious consequences. You need an experienced criminal defense lawyer to help you explore all of your options.

At Esplin | Weight in Provo, we take misdemeanor cases just as seriously as felony cases, vigorously defending each client against whatever charges they face. Contact us to schedule a free initial consultation with one of our criminal defense attorneys.

Handling a Full Range of Utah Misdemeanors

Our firm can defend you against any misdemeanor charge brought against you under Utahcriminal law. Misdemeanors are categorized as Class A (with a maximum penalty of a year in jail), Class B (six months) and Class C (90 days). The following are among the most common misdemeanor criminal charges:

  • Drug crimes: Even if you are charged with a drug crime that is classified as a misdemeanor, conviction can still have serious, long-term consequences for your criminal record and your driver’s license.
  • DUI: If you’ve been accused of drunk driving or driving under the influence of illegal or prescription drugs, you could be looking at jail time as well as revocation of your driver’s license.
  • Assault: All types of assault are considered violent crimes, even if you are not accused of physically striking someone. Conviction on an assault charge can affect your job and your right to own firearms.
  • Domestic violence: If you’ve been accused of domestic violence, you may be facing a restraining order hearing as well as a criminal charge. Like simple assault, domestic violence does not necessary mean physically hitting someone.

Nobody wants to spend a year or even a month in the county jail, and as the examples above demonstrate, many misdemeanor charges carry potential consequences other than jail time that can be long-lasting and catastrophic.

We vigorously defend all misdemeanor charges, preparing each case for the possibility of going to trial just as we would do in a felony case. We take more misdemeanor cases to trial than any other law firm in Utah County, so you can be confident that we are prepared to defend you in court if necessary.

If you’ve been charged with a misdemeanor in Utah, don’t hesitate to contact us at Esplin | Weight.

FELONIES, APPEALS & JUVENILE OFFENSES

Provo Litigation & Appeals Attorney

Esplin|Weight has a very active criminal defense practice encompassing all aspects of criminal litigation and appeals. Our defense team includes three highly experienced former prosecutors and three additional lawyers—all of whom are committed to protecting the rights and freedom of their clients.

Successful Felony Defense

Our lawyers have extensive experience defending clients accused of all types of felony crimes in both the state and federal court systems of Utah. Successful felony defense requires an understanding of the rules of procedure and the rules of evidence, as well as hard work and determination. We build each case from the ground up—by looking at all facts leading up to the alleged crime and subsequent events. We hire skilled investigators who can confirm elements of the client’s story and challenge those of accusers.

We defend clients accused of all types of felonies, including homicide, manslaughter, assault and battery, sexual assault, theft, and white collar crimes such as identity theft and computer fraud.

Appeals and Post-Conviction Matters

We frequently receive appeal cases as referrals from other attorneys. Success in such cases hinges upon a close review of the trial record and evidence to uncover possible appeal strategies.

Our lawyers vigorously pursue all appeals up to and including the Supreme Court of Utah and the Supreme Court of the United States.

Preserving the Futures of Juvenile Offenders

Esplin|Weight represents many clients in both juvenile court and adult court who have been accused of juvenile crime, ranging from shoplifting to simple drug possession to street gang violence. An important goal in this area of our practice is to preserve the futures and career options of our clients to the greatest extent possible. We understand the various alternative sentencing and deferred judgment programs available, and how to negotiate with prosecutors to obtain results that enable the client to successfully move beyond the event.

For an initial consultation with a litigation and appeals attorney at Esplin|Weight, call 801.373.4912, or contact us online.

FEDERAL CRIMES

Provo UT Federal Charge Criminal Defense Lawyer

Defending Utah Clients Against Federal Charges

If you’ve been charged with a crime in federal court, it is extremely important that you contact an experienced federal criminal defense lawyer as soon as possible. While most criminal charges are brought by state and local prosecutors, federal charges mean you are dealing with a unique criminal justice system.

At Esplin | Weight, we have defended many clients against federal criminal charges and have tried cases to judgment in the U.S. District Court for the District of Utah and the U.S. Court of Appeals for the 10th Circuit. If you’ve been charged with a federal crime, don’t hesitate to contact us at our offices in Provo to arrange a free initial consultation.

Understanding the Federal Criminal Justice System

In the overlapping system of criminal law that we have in the United States, many criminal charges can be brought by either state or federal prosecutors. Typical federal charges include:

  • Drug crimes
  • White collar crimes
  • Sex crimes
  • Federal tax evasion
  • Immigration violations

There are several things that set federal criminal defense apart from Utah criminal defense. In most areas — with the exception of sex crimes — federal penalties are typically harsher than state penalties. There are mandatory minimum jail sentences, and probation is often not available. Your chances of ending up in prison if you’ve been charged with a federal crime are therefore higher.

Experienced With Federal Criminal Negotiations and Trials

If you’ve been accused of a federal criminal offense, it is very important for you to get in touch with a lawyer who is experienced with the federal system. Due to mandatory sentencing, there are often constraints, including time constraints, on your attorney’s ability to negotiate with the prosecutors. We are experienced at working within these constraints to pursue acceptable plea deals for our clients.

We are also experienced at trying federal criminal cases when a good plea deal is not available. In the federal system, it is often advantageous for an accused person to pursue a full criminal defense at trial. We are fully prepared for this possibility.

To get an experienced federal criminal defense trial attorney working on your case, contact us at Esplin | Weight today.

CRIMINAL ISSUES IN IMMIGRATION

Provo Immigration & Criminal Law Matters Lawyer

Representing Noncitizen Criminal Defendants

If you are not a U.S. citizen and you are charged with a crime, you could have the best criminal defense lawyer in the world and still face very serious harm if your lawyer doesn’t understand the potential immigration consequences of a criminal conviction.

At Esplin | Weight in Provo, Utah, our law firm brings together experienced criminal defense and immigration attorneys to skillfully represent immigrants and other noncitizens in criminal cases. If you’ve been charged with a crime, contact us to schedule a free initial consultation about your case.

Evaluating Your Case Based on Potential Immigration Consequences

Our criminal defense lawyers work with immigration attorneys to pursue appropriate criminal defense strategies for clients who are not U.S. citizens and who are arrested in Utah on criminal charges. We are experienced at helping all categories of criminal cases and will consult with the proper immigration attorneys to make sure every right to citizenship is preserved as much as possible.

Non-U.S. Citizens charged with a crime must take into account how a criminal charge may affect immigration status. It is important for your criminal defense attorney to take these consequences into account when going over your options with you.

In order to make an informed decision about going to trial, accepting a plea bargain or pursuing an alternative rehabilitative option, you need to understand the potential impact of your decision on your immigration status. We will make sure you get the answers you need, whether that involves our attorneys consulting with outside counsel who are experts in immigration law or directing the client to an immigration attorney to represent their needs. Either way our lawyers will look to protect your rights to citizenship.

Carefully Analyzing Complex Legal Circumstances

Many have claimed that immigration law is second only to tax law in terms of its complexity, and the complexity only increases when criminal law is included in the analysis. Our attorneys are experienced at working as a team with immigration experts to effectively analyze immigration issues in criminal defense cases.

When you need a legal advocate who understands the unique impact of immigration status on criminal defense decision-making, don’t hesitate to contact us at Esplin | Weight. 801-373-4912.