Frequently Asked Questions

What will it cost to defend me?

Robert M. Archuleta offers a free initial consultation in his Salt Lake City Office.  Once he understands your criminal situation, the nature of the charges against you and what is required, Robert M. Archuleta will then discuss his fee with you.  It has always been his policy that his professional fee must be honest in fact for services rendered. 

When am I under arrest?

You are under arrest when a law enforcement officer takes you into custody or deprives you of your freedom of movement in order to hold you to answer questions about a criminal offense.  Be advised, it is always in your best interest to remain silent.

Can an officer detain me without arresting me?

An officer may require you to identify yourself and explain your presence at a particular time.  If the officer believes you are armed and may be dangerous, the officer may conduct a limited search of your clothing.  The officer may question you.  You can decide not to answer any questions. At the conclusion of this temporary detention, the officer must either arrest you or let you go.

What should I do if I have been arrested?

If you have been arrested, answer all questions about your identification – such as your name, address, and birth date – truthfully.  You have a right to refuse to answer self-incriminating questions, and you have a right to have your attorney with you while answering questions. 

What happens after I am arrested?

The officers will take you to a police station, jail, or other detention facility for interrogation.  You may be asked to provide samples of your hair, blood, breath, etc.  If you refuse to provide these samples, a request for a court order to obtain these samples may result.  You will be processed into the jail and taken before a magistrate or judge as soon as possible to face criminal charges.  Please be advised that it is very rarely in your best interest to answer any police induced questions.

What is self-surrender?

Just as it sounds, if you have been charged with a crime, you can arrange to surrender to authorities with your attorney present.  Obviously, this will assist you in securing your release on bail or your own recognizance.

What is the difference between a misdemeanor and a felony?

The difference between a misdemeanor and a felony depends on the severity of the crime.  A misdemeanor is generally a crime where the maximum penalty is one year or less in jail and fines of up to $2,500.  Conviction of a felony can result in jail or prison time for more than one year and up to life, up to $10,000 in fines plus an 85 percent surcharge, and can also result in other serious legal repercussions, such as having to register as a sex offender. 

Does every case involve a trial?

No.  Every criminal defendant has a right to a trial, but in many cases a defendant and his or her attorney can reach a favorable settlement of the charges which can help the defendant avoid the cost, stress and notoriety often surrounding a trial.

What is a bench trial?

A bench trial is a trial without a jury in which the judge decides your case.   Seldom is it advisable to opt for a bench trial, unless you have the right facts and the right judge.

What is “reasonable doubt”?

In order to convict a person accused of a crime, the prosecution must prove the allegations to a judge or jury beyond a reasonable doubt.  If the jurors are not entirely convinced of the person's guilt, the accused is entitled to acquittal on the charges.

What is the difference between and state and federal court?

Federal courts are established by the United States government to punish individuals for designated federal offenses.  Federal courts have a more limited jurisdiction than state courts and generally decide cases in which the United States is a party, cases involving a violation of federal laws or the constitution, cases between citizens of different states and cases involving bankruptcy, patent law and maritime law.

State courts are established by a state legislative body, county or city legislative bodies and are courts of general jurisdiction, which means they handle a larger number and broader variety of cases than the federal courts.  While they are required to enforce the federal laws and Constitution, they are mostly responsible for enforcing the state laws and the Utah constitution. 

How does a criminal case get into federal court?

Federal criminal cases begin when a U.S. Attorney or Assistant U.S. Attorney, representing the United States of America presents evidence to a federal grand jury in which the government seeks to convince the grand jury that a federal offense has occurred.  If the grand jury agrees that a federal offense has occurred, it issues a formal accusation, called an indictment.  The person indicted may be arrested before or after the grand jury proceeding.

After the indictment, the next step is a first appearance where the defendant is brought before a U.S. Magistrate Judge and asked to plead “guilty” or “not guilty.”  If the defendant pleads guilty, a date is set for sentencing and sentencing is governed by the U.S. Sentencing Guidelines.  If the plea is not guilty, the Speedy Trial Act comes into play and the court is required to set trial within 45 days of the entry of the plea of not guilty. 

In most cases, grand jury indictments are used for serious federal offenses.  In less serious misdemeanor cases, the U.S. Attorney or a special prosecutor issues a criminal information, charging the defendant with a misdemeanor grade offense.