What to Do if Your Out-of-State Student is Charged with a Crime in the State of Utah

If your child is considering college in Utah, they would be making a good choice. According to U.S. News & World Report, it ranks number five in tuition and fees and seven in higher education. Utah is also a fairly safe state with some of the lowest homicide rates in the nation. 

However, that doesn’t mean it’s free from crime. It’s just like any other place — people are charged, and there’s a legal system to determine the punishment.

If your out-of-state student is accused of committing a crime, here’s what you should do.

Hire a Qualified Utah Attorney

This is absolutely the first and possibly most important thing that you should do if your out-of-state student is accused of a crime in Utah. 

It’s not enough to just put your family lawyer on the case, especially if you live somewhere else. Every state has different laws, and Utah is no exception. That is why you need someone who specializes in criminal defense and is licensed to practice law in Utah. 

You’ll find that with any of the lawyers at Brown, Bradshaw & Moffat. All of them have years of experience defending clients in the Beehive State. If your student is accused of a crime, tell us about your case, and we’ll get back to you.

Make Sure Your Student Listens to the Lawyer

A good attorney will be one who both attended law school and has practiced the profession for years. This means their lawyer will have a deep understanding of Utah laws as well as the legal process. Both are extremely important. Navigating the court system can be a minefield, and it works differently in every state.

For these reasons, it’s important for your student to talk to the lawyer about the case and take all advice seriously. The attorney will know the best course of action based on what your child is accused of and what evidence the state has against them.

Help Your Student Understand Their Legal Rights

This is something that should be done preemptively, before your student steps foot in Utah. While the state may have different laws, the rights that you have are the same throughout the United States. 

In particular, your student should know one part of the Fifth Amendment to the Constitution:

“No person…shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law….”

In other words, your student has the right not to incriminate themselves. That doesn’t just apply to court. It’s whenever they are talking to a police officer or any other representative of the state. Your student shouldn’t talk with anyone without first consulting with their defense attorney, even if they did not commit the crime.

Some Crimes College Students Commit in Utah

Before your student goes to college in Utah, it’s important to have a discussion with them about the legal consequences that their actions can have. This also includes helping them to understand some of the laws that might be different from your state. Here are some of the common laws that college students tend to break and the punishments they may expect:

  • Marijuana laws: THC products are only legal for medicinal use. Otherwise, possession is a class B misdemeanor — up to six months in jail and a fine of up to $1,000.
  • Driving under the influence (DUI): In most states, the legal limit for blood alcohol content while operating a vehicle is 0.08. In Utah, that number is 0.05. It is a class B misdemeanor.
  • Other drug-related offenses: Possession of Schedule I and II drugs are a class A misdemeanor — 364 days in jail and up to $2,500 in fines. Controlled substances besides that are a class B misdemeanor.
  • Theft and property crimes: The severity of these crimes depends on how much the property is worth. For $5,000 or more your student could be facing a second-degree felony — one to 15 years in prison and up to $10,000 in fines.
  • Underage drinking: If your student is younger than 21, it is illegal for them to buy or consume alcohol at all. However, instead of criminal charges, they’ll have to complete an educational series or undergo treatment depending on the situation.
  • Fake IDs: Using a false or altered ID to get alcohol is a class B misdemeanor.
  • Disorderly Conduct: This is generally when you’re either being disruptive in public or you don’t comply with officers when they tell you to leave a public place or governmental meeting. It is generally an infraction — a fine and possibly community service. However, it can escalate to more severe charges.
  • Sexual Assault: Engaging in sexual activity without someone’s consent is illegal, and the severity of charges can range from a class B misdemeanor to a first-degree felony — five years to life in prison and up to $10,000 in fines.
  • Assault and aggravated assault: Using unlawful force to injure another person is assault,  a class B felony. However, if your student uses a dangerous weapon, that can be aggravated assault, a third-degree felony — up to five years in prison and $5,000 in fines.
  • Hazing: If your student is affiliated with a group and makes someone else who is also affiliated with it go through extreme conditions that can endanger physical or mental health that is considered hazing. It is a class B misdemeanor, but it can escalate to a third-degree felony.
  • Cyberstalking: Harassing someone online can land your student with a class B misdemeanor.

Support Your Student as Much as You Can

Whether your student committed the crime or not, the legal process they are about to go through can be emotionally and financially draining. Being the support system your student needs can go a long way. This can include helping them pay for legal services, but it can just be staying present in their lives, offering words of encouragement, and staying up-to-date with the case.

That kind of support can go a long way and help your child end up with the best outcome possible.

Utah Defense Attorneys Who Can Help

If you or your stuent is accused of a crime in Utah, the attorneys at Brown, Bradshaw & Moffat would love to help you out.

To get started, fill out this form and tell us about your case. We’ll get right back to you.

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