Criminal Defense

If you’ve been charged with a crime, whether misdemeanor or felony, you need an attorney.  A qualified attorney will know what to look for in defending your case and will be able to help you best decide whether you should go to trial or whether you should take a plea bargain.  Too many people think they can’t afford an attorney or that they can handle the matter themselves, and end up with convictions that have permanent consequences the prosecutor or judge never told them about.  Recently I met with a client who handled a case without the assistance of an attorney.  That person thought that since the prosecutor told them they wouldn’t go to jail and they could “wrap up the case quickly” the plea bargain was a fair resolution.  What that client was NOT told, was that the plea to that particular crime meant they would never be able to hunt or own a firearm ever again.  That is just one of the many consequences you can face.  My question for you is…..can you afford NOT to have an attorney.

Misdemeanor Crimes:

Misdemeanors can carry significant consequences even if you don’t end up in jail.  What you thought was a minor argument with a spouse, a simple shoplifting charge, or a 1^st time DUI can result in jail, fines, loss of driving privileges, loss of gun ownership, and a very long lasting criminal history.

• Class C Misdemeanor:  up to 90 days Jail.
• Class B Misdemeanor:  up to 180 days Jail.
• Class A Misdemeanor:  up to 1 Year Jail.

Felony Crimes:

Felonies are a much more serious level of crime and an experienced criminal defense attorney is a must.  A conviction of any felony can mean the loss of your rights to own guns, to vote, to live in certain areas, and many other consequences.  In addition to the prison sentences below, a felony conviction can also include huge fines.  If you have been charged with a felony, contact me ASAP.

• 3^rd Degree Felony:   0-5 years Prison
• 2^nd Degree Felony:  1-15 years Prison
• 1^st Degree Felony:   Up to Life in Prison
• Capital Felony:        Death

DUI

Utah has some of the strictest DUI laws in the country.  Because of that you need an attorney who handles DUI’s on a regular basis.  The penalties can make your life extremely difficult including loss of driving privileges, jail, fines, and a criminal record for at least 10 years.  This area of law is complicated and requires expertise that only a qualified attorney can give.  Don’t make the mistake of trying to handle it yourself until you have spoken with an attorney.

One of the most common mistakes people make is trying to handle the DUI on their own, or hiring the cheapest attorney available to handle it.  Most attorneys are not familiar with the Constitutional issues or the science that is involved in a DUI arrest.  Too many less expensive attorneys will take your case and then tell you that your blood/breath alcohol content (BAC) is too high to challenge.  They will want you to plead guilty without ever challenging the reasonable suspicion that allowed the officer to stop and test you or the probable cause the officer gave to arrest you.

DUI DO’S & DO NOT’s

Domestic Violence

Domestic Violence (DV) cases are perhaps the most overcharged, blown out of proportion, cases filed in the criminal courts these days and can hold some of the worst penalties, such as losing your right to own or possess firearms.  While the filing of some DV cases is certainly justified, much of the time the matters should have and could have been resolved by the parties without getting the law involved.  You can’t even punch a hole in the wall of your own home without being charged with domestic violence.  I’ve handled cases as crazy as someone throwing a pillow or a marshmallow at someone and then finding themselves charged with assault.

Handling these cases correctly takes a skilled attorney that understands the rights of the accused person as well as the alleged victim.  For example, did you know that a spouse has an absolute right NOT to testify against their husband or wife?  Why would this right ever need to be invoked?  Unfortunately, all it takes is a simple call to the police during an argument, and the government will move forward against you even if the alleged “victim” doesn’t want them to.  Additionally, you can be charged with domestic violence against anyone that has ever lived with you or is related by blood or marriage in any way.  And….if the event happens in the same house where kids are present anywhere in the home, (even sleeping infants), you will have other charges against you for committing DV in the presence of a child.

Do not go into court and accept a plea bargain in these cases, no matter how “simple” it may seem, without consulting with an attorney.  Doing so can lead to very harsh consequences such as loss of hunting privileges, loss of your right to own or possess a firearm, expensive and long counseling sessions for months and months, large fines, drug and alcohol prohibitions and many other untold consequences. Roger A. Kraft, Attorney at Law has handled hundreds of these cases and has the experience you need if you are charged with DV.

Sex Crimes

There is nothing short of capital murder that is more serious than being charged with a sex crime.  The punishment and the stigma attached to just being charged with such a crime can have lifelong effects.  These crimes do not even have to have victims for you to be punished severely and put on a sex offender registry for the rest of your life.  These cases require an attorney that has experience in these delicate matters.  This is especially true when children are involved as alleged victims or witnesses.  When children are involved you need an attorney that understands the correct process the police have to use when interviewing children as well an attorney that can cross examine a child without coming across in a way that offends a jury.  It’s a delicate balance and an inexperienced attorney may mean the difference between a guilty or not-guilty verdict.  Society (your government) has penalties in place for sex crimes that can be even more severe than if you had killed someone.  That should be reason enough to know that you need an experienced attorney to handle such matters.  Roger A. Kraft, Attorney at Law, has the experience you need when you’ve been charged with a sex crime of any level.

White Collar

White collar crimes, such as check fraud, embezzlement, mortgage fraud etc. can be tedious and very frustrating because they usually involve following a paper trail as well as the need to hire other experts to assist in the case.  The penalties can be stiff because in many such cases the person accused of such a crime is a working professional such as an account, loan officer, bank teller, doctor, nurse or other professional that stands to lose their professional license and livelihood if there is a conviction in the case.

Juvenile

Juvenile cases are a different world altogether in Utah.  If you or your child has been charged with a crime in the juvenile court, you need an attorney that has experience in the juvenile court.  Most attorneys do not have such experience and do not understand the process, the objectives, or the lingo that is all part of the Utah juvenile system.  For example, a juvenile will never plead “guilty” or “not-guilty” in a juvenile court.  Rather they will “admit” or “deny.”  The process the juvenile court follows is much different than the adult criminal court and an experienced attorney should be able to sit down with you and explain it.  Roger A. Kraft, Attorney at Law, has vast experience handling juvenile cases.

Other Misdemeanors & Felonies

There are many other types of crimes that Roger A. Kraft, Attorney at Law, handles, including retail theft, lewdness, assault, drugs, weapons charges and many others.  It is important to get the advice of counsel in all of these cases because each one carries a possible jail sentence.  Make an appointment today and we’ll discuss your case at no charge.

Testimonials:

The following are actual clients and testimonials about actual cases.

When I was charged with a crime, I knew that my position as a professional athlete was going to be a major problem.  I needed to resolve the case in a quick and quiet fashion.  Mr. Kraft helped me through the process, kept it out of the media and off of my record.  I never even had to appear in court.  Well worth the money.    - Professional Athlete –

When I was serving as a judge, a close family member was accused of attempted murder. I hired Mr. Kraft to defend my family member.  Mr. Kraft confronted and cross-examined the alleged victims with precision and established the innocence of my family member.  The case was dismissed.   – Former Judge –

I’m a police officer and was charged with a crime when my girlfriend and I got into an argument.  Even though neither of us touched each other, I was the one charged with a crime.  I am a cop and could not afford to lose my job.  My supervisor told me that if I were found guilty he would have no choice but to fire me.  I hired Mr. Kraft and he got the case dismissed.  Even cops need a lawyer once in a while.  – Police Officer -

In 2009 I was wrongfully charged with abusing my handicap child.  I found my name and picture all over the news and knew that I needed someone with experience to handle the difficult case and all the media that came along with it.  Mr. Kraft represented me so professionally.  He refused to budge when prosecutors tried to get me to plead guilty.  He set the case for a jury trial and finally the State was forced to dismiss the case.  – Holly Kimball – .

I’m a lawyer and tried to represent myself in a traffic matter.  I soon realized that I was up against an experienced, difficult, prosecutor and my driving privileges were in jeopardy.   I hired Mr. Kraft and he was able to resolve my case quickly and without the loss of my driving privileges.    –Attorney, Ogden, Utah -