Expungement is a valuable process that can help to reduce the impact that your criminal record can have on your future. It is important to work with an experienced criminal law attorney to determine eligibility for expungement and to identify the outcome that it may have on your life. I am knowledgeable regarding the various legal processes that can help you to move forward after your criminal conviction. Here are a few important things to keep in mind about the expungement process. 

Your Criminal Record Can Haunt You

Many people find that their criminal record can haunt them over time. It can make it difficult for them to obtain a good job or work in certain fields. This impact may be further compounded when the original conviction was in a juvenile court and the record follows the individual into their adult life. Working with me can help you to find the appropriate avenue for moving beyond your criminal conviction and rebuilding your life. 

Eligibility for Expungement

Determining whether or not you are eligible for expungement will depend largely on the crime and several other factors. For example, felonies are much more difficult to expunge than other types of crimes. Each state will also have different laws regarding expungement, so some cases may be eligible for expungement in certain states but not in others. The crime committed will further impact the eligibility for expungement. For example, first degree felonies such as homicides, various types of sexual crimes, or certain crimes against people are not eligible for expungement in the state of Utah. It will also be important to keep in mind the time that has passed since the initial conviction. Most states, including Utah, require the individual to serve their sentence or pay their fines before they will be eligible to file for expungement. The expungement period does not begin until the latter of both have been completed. I can help you to go over the details of your case and identify if you are eligible for expungement. 

Benefits of Expungement

There are many reasons why states have begun to see a reform toward expungement laws. Expungement comes with a great deal of benefits for both an individual and their larger community. Having your conviction expunged can help to prevent barriers to obtaining employment, housing, or an array of other processes. On a larger scale, it is economically advantageous for citizens to be able to be employed. These are just a few of the benefits of expungement. If you are considering expungement, it can be extremely beneficial to consult with me to learn about how this process can improve your particular situation. 

What is Expungement?

In order to determine if seeking an expungement is the right choice for you, it is crucial to understand what an expungement is. To expunge something is to erase it or otherwise remove it completely. Legal expungement, therefore, is a situation in which the record of your criminal conviction is sealed from the state or federal record. When you are awarded an expungement, the court will be ordered to treat the initial criminal conviction as though it had never occurred in the first place.

A Legal Pardon

A legal pardon is not the same thing as an expungement. When a legal pardon is awarded, it is essentially extending “forgiveness” for a crime. These situations do not dictate that the crime didn’t take place and, in fact, accepting a pardon often includes formally admitting that the crime did occur. 

Usually a State Affair

In most situations, an expungement will take place at the state level. Federal crimes are incredibly difficult to have expunged. It is also important to note that every state will have different laws that will impact your eligibility to obtain an expungement for your particular case. The most common reasons that people seek expungements are for juvenile records or drug-related crimes. Other crimes may be eligible for an expungement, but these are the most popular reasons. I am knowledgeable about the process in Utah and can help to provide you with the best services to guide you through this process. 

Number of Convictions

It is important to remember that the number of criminal convictions on your record will affect your ability to obtain an expungement. The degree of your convictions will also influence whether you will be eligible to receive an expungement or not. This is a key reason why it is crucial to work with an experienced criminal defense lawyer to obtain an expungement. You will not want to go through the process only to find out you are not eligible due to the number or nature of your criminal convictions. 

Limitations of Expungements 

Though expungements can certainly be valuable additions to your case, it is important to note that they do have their limitations. Expungements are concerned solely with the court. Being awarded an expungement won’t remove the information about the crime from the social media, press, Google, or other public areas. So while this can remove the crime from your record, it can’t necessarily prevent other people from finding out about the crime. You can consult with me to learn more about the potential limitations of expungements and what the best approach will be for your particular situation. 

When you intend to seek an expungement, it will be essential to work with an experienced criminal defense attorney. I can help to provide you with the best guidance throughout the process. There are additional reasons that you should consider the services of an attorney, such as for assistance with your DUI case, especially for commercial DUIs and DUIs with enhanced penalties. To learn more about expungement and the advantages of working with a criminal defense attorney, contact me today!

Tips for Choosing a Criminal Defense Attorney

Choosing a criminal defense attorney can feel like a difficult undertaking, especially considering the impact that your criminal defense attorney will have on your case. I understand the importance of choosing the right criminal defense attorney to obtain the best outcome from your case. I offer an array of services in the criminal defense field to ensure that your needs can be met throughout your case. If you are unsure about choosing the right criminal defense attorney to meet your needs, contact me at (801) 317-4764 for more information.

Consider Their Experience

It is important to understand the experience that your criminal defense attorney has before you make a decision. For example, you will want to ensure that they have experience practicing in the same field that you need legal guidance in. I have been practicing law for over 7 years and generally specialize in criminal defense. When you work with me, you can be confident that you’re obtaining the services of a legal professional that is experienced in the criminal defense field.

Meets Your Specific Needs

Consider the exact needs that you have for your criminal defense case. Are you facing a DUI charge? Do you need legal representation for a drug charge? Whatever your specific situation is will dictate the right criminal defense attorney to meet your needs. Consult with me to learn more about the various industries and case types that I have experience in.

Specializes in Your Field

Law is an incredibly vast field. Due to this, it is extremely difficult for any lawyer to practice in all fields of law. When you are facing a criminal charge, you need to focus specifically on obtaining the services of a criminal defense attorney. This doesn’t mean that your lawyer needs to only practice criminal law, but they do need to specialize in this field. I offer primarily criminal defense services to ensure that you can obtain the best services to meet the needs of your criminal charge.

Experienced in Local Courts

Each local court may operate slightly differently. Due to this, it can be extremely advantageous to ensure that you choose an attorney that is experienced in the local courts that your case will be going through. Every state has slightly different laws and an attorney has to be licensed in a specific state in order to practice law there. I practice law primarily in Northern Utah counties, such as Weber, Morgan, and Davis, but I also travel throughout the state. My experience in courts across Utah can provide you with the ideal services to meet all of your needs.

Responsive

A criminal charge has many different aspects and it can be extremely difficult to undertake without the appropriate guidance. Due to this, you will want to ensure that you choose a criminal defense attorney that is responsive to all of your needs and communications. I strive to get back to you as quickly as possible in order to answer all of your questions and address all of your specific concerns.

Read Reviews

Whenever you are unsure about the attorney that you are looking into, you will need to ensure that you read reviews on their website. For example, you can visit my website and read the reviews of prior clients that are posted there. This can help to give you information regarding the experience you can expect to have with me.

Gauge Confidence Level

The confidence level of your attorney is another important thing to consider when you choose an attorney. Your attorney should be very confident, but they should never give you absolutes. A good attorney will never make promises that they can’t fulfill regarding the outcome of your case.

Listens to You

You are your attorney’s priority. It is important to pay attention to how well your attorney listens to you and considers your needs throughout your case. If you have any concerns regarding your specific case, I am passionate about ensuring that all of these specific concerns are met.

Good Communication

The outcome of your case will depend on many different factors. Due to this, it is critical to practice good communication with your attorney to prevent misunderstandings and problems that may otherwise crop up. Consider the communication style of your attorney and think about how well it meshes with your own style of communication. Clear, concise communication is critical in procuring the best outcome for your case.

Trust Your Instincts

Your instincts often tell you things that your conscious doesn’t pick up. If you have an uneasy feeling regarding an attorney that you are considering, you should likely try to find the services of another attorney. The communication with your attorney is absolutely critical in obtaining the best outcome for your case. When you don’t fully trust your attorney, you may find yourself hiding things that can make a substantial difference in the case. Trust your instincts and choose an attorney that you feel comfortable with.

Don’t Fixate on Price

As with most things in life, you often get what you pay for when it comes to legal guidance and other legal-related services. The price of the legal services shouldn’t be your primary concern when you choose an attorney for your criminal defense charge. It is crucial to pay attention to all of the previously discussed factors when you choose an attorney, rather than choosing your attorney solely on the basis of price. While price will inevitably be a part of your decision making, it is important to consider these other aspects, as well.

Choosing the right criminal defense attorney will help you to obtain the best outcome for your criminal charge. I, Zachary C. Holbrook, offer an array of criminal defense services to help guide you through the court process. Doing your research is an important part of ensuring that you choose the right attorney to meet all of your specific needs. If you have any more questions regarding how to choose a criminal defense attorney or how my services could be a good fit for you, contact me at (801) 317-4764 for more information.

What is Prescription Fraud?

It is critical to ensure that you work with an experienced criminal defense attorney, such as myself, when you have been charged with prescription fraud. These can be rather serious charges that can have a lasting impact on your life. I strive to provide the appropriate legal guidance to help you obtain the best possible outcome for your prescription fraud case. The right services will help to ensure that you can make the ideal decisions for your case and situation. Here are a few important points that you need to keep in mind if you have been charged with prescription fraud. 

Why Prescription Fraud is Considered a Serious Crime

Though specific laws vary between states, it is important to note that in most places, prescription fraud in considered a serious crime. This is because prescription fraud is an action that is capable of having a substantial impact on other people, besides just the perpetrator. When prescription fraud occurs in a high degree, it can lead to increases in healthcare premiums that everyone is required to pay. It also tends to result in higher healthcare costs, deductibles, and taxes. While this is generally when prescription fraud is a serious problem in an area, individual cases are considered to be particularly serious, as well. There are several other factors that may impact the perceived severity of your particular case. Consulting with me, Zachary C. Holbrook, can help you to identify what you should generally expect throughout your case. This helps to ensure the ideal outcome for your specific case. 

Types of Prescription Fraud

There are several ways in which prescription fraud can occur. The type of fraud will often result in differences between the charges, as well. If an individual lies to a pharmacist or their doctor in order to obtain a medical prescription, they are likely engaging in fraud. Doctor shopping is a particularly common type of prescription fraud. In these situations, an individual visits multiple doctors for prescriptions, without telling them that they are receiving prescriptions from other doctors. Doctors can also be perpetrators of prescription fraud. In these scenarios, the doctor is often charged for prescribing patients with medications that don’t serve them a particular purpose. 

The Importance of a Good Defense

It is absolutely critical to plan a good defense for your case when you have been charged with prescription fraud. I offer criminal defense services to help ensure that you can obtain the best outcome for your particular situation. The charges for this type of fraud can fluctuate substantially, depending on many different factors. The guidelines will vary between each state and the penalties will similarly vary depending on the factors of the specific situation. In Utah, these charges can range from a misdemeanor to a felony. Any prescription fraud cases can result in substantial penalties that can have a lasting impact on your life. Due to these potential penalties, it is critical to consult with me for excellent guidance throughout your case. 

Common Prescription Fraud Defenses

There are several types of defenses that are often used in prescription fraud cases. The best defense will depend on the factors of the case, as well as the state. Understanding some of the most common prescription fraud defenses can help you to know what to expect throughout your own case. When you work with me, we will develop the best defense for your particular situation. This will go a long way toward providing the most effective defense that will result in the best outcome. 

If the defendant is a doctor, it is very common to adopt the “good faith” defense. In this defense, it is argued that the doctor was acting in good faith and would not have prescribed the medication if they had known a specific fact about the person they prescribed it to. Another common defense in prescription fraud is to argue that the evidence was collected illegally. For example, if the premises was searched without a warrant, the evidence was not collected legally and can usually not be implemented in a court. 

Contact Me

Prescription fraud cases can be very serious. It is crucial to ensure that you contact me for guidance throughout your case when you have been charged with fraud. I can help to develop the ideal defense and legal guidance to make it throughout your case. There are many ways in which you can potentially be charged with this, which can result in substantial issues that impact your life. To obtain the best legal representation for your case, contact me today!