Court of Appeals Reverses 2 Sentences

Utah Defense Attorney – Provo, Salt Lake City

The Utah State Court of Appeals tossed out 2 sentences from the district court in St. George regarding sentencing and failing to register as a sex offender. In 2 separate cases, a St. George Judge suspended jail time for individuals who pleaded guilty to failing to register as sex offenders. Failing to register as a sex offender in Utah is a Class A misdemeanor and carries a 90 day jail sentence with 1 year of probation. In the cases reviewed by the appeals court, the defendants were sentenced to 1 year of jail and the time was suspended, rather than being sentenced to the 90 day requirement. In both cases, the court of appeals determined that the sentences were outside the realm of what the district court could impose and that each actually constituted an illegal sentence.

What happens now?

Both defendants will now be resentenced in district court. Both could likely be facing the 90 days in jail as a result. As such, this is not necessarily a win for these defendants because they did not have to do any jail time with the prior sentences. Now, it is almost a guarantee that they will be serving the 90 day sentence in jail.

Registering as a Sex Offender

Many individuals who are convicted of sex crimes do not understand the registration process and end up being charged with failing to register. Following the decision by the Appeals Court, individuals who fail to register may likely serve the 90 day jail sentence even if they did not serve any time for the actual offense committed. For those people who have to comply with these requirements, make sure you seek competent legal counsel to help ensure you understand the registration process and do not face further non compliance charges down the road.

Salcido Law Firm – Criminal Defense Lawyers

If you have been charged with a crime, call us today to get started on your defense. At Salcido Law Firm, we take seriously your right to competent legal counsel. We understand that not all individuals accused of crimes are guilty and we will work hard on your behalf to see your case through from beginning to end. To speak with a Utah criminal defense lawyer, call anytime at 801.618.1334.

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