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My daughter was put in jail this weekend in maob utah what…

My daughter was put...

My daughter was put in jail this weekend in maob utah what can i expect

Lawyer's Assistant: Have you talked to a UT lawyer about this?

Have not i have left some messages and no response

Lawyer's Assistant: What steps have you taken so far?

Calling

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Her charges are posession and resisting arrest

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Answered in 5 minutes by:
3/26/2018
Nisha Jones, Esq.
Category: Criminal Law
Satisfied Customers: 2,598
Experience: Managing Attorney at a Law Firm
Verified

Good afternoon, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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I'm sorry to hear about your daughter's situation. Give me just a few minutes to finish typing up some information for you, thanks!

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Customer reply replied 26 days ago
no problem thank you
Customer reply replied 26 days ago
typing will have to work low on funds right now

Your daughter should have already been taken before a judge (within 24 hours of her arrest) to be given a bond amount.

The bond is what can be paid to have her released from jail custody. Generally you can go through a bail bondsman and pay just 10% of the bond amount, which makes it much more affordable.

Your daughter will then be given a court date to attend Arraignment which is where the prosecutor will tell her the formal charges against her, and another court date will be set to substantively address the case, and either close it out with a plea agreement, or announce an intention to move ahead with trial.

If the case goes to a trial, it will be up to the jury to reach a finding of guilty or not guilty after hearing all the evidence and testimony.

These are both misdemeanor offenses which means they are punishable by up to one year in jail and/or up to $2500 in fines.

There are also lesser possibilities such as probation.

If this is your daughter's first ever criminal offense then she may be eligible for pre trial diversion, which is a program for first time offenders that allows her to attend some rehabilitative classes, community service, and/or a fine, and then have the charges dismissed.

It all really comes down to the strength of the prosecutor's case against her, the more evidence and witnesses there are, the stronger the case, and vice versa.

In any event your daughter should consider hiring a defense lawyer to represent her in this process.

If she can't afford one right now, then she should be appointed a public defender at her first court date.

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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The phone call request is actually auto generated by the site, so please feel free to disregard it if it's not something you're interested in right now.

I've sent you a written response above. Thanks!

Nisha Jones, Esq.
Category: Criminal Law
Satisfied Customers: 2,598
Experience: Managing Attorney at a Law Firm
Verified
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Customer reply replied 26 days ago
this is her first offense she was told the public defender rout will take up to two more weeks in jail is there any legal advice she can get while in jail
Customer reply replied 26 days ago
we live in colorado so can she do community service here

Whether she has a public defender or private attorney has no bearing on whether she remains in jail, that is a matter of her bond.

By law, she has to be issued a bond within 24 hours of her arrest.

That means she should already have a bond available to her, if someone pays that bond amount, she can be released now, and will then just need to appear in court on her scheduled court date.

I hope that helps!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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