Student Defense
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Salt Lake City Student Attorneys
Student Defense in Salt Lake City
As a young adult, being charged with a crime can derail your future and impact your ability to reach your full potential. The team of knowledgeable Salt Lake City student defense lawyers at Nix have unparalleled experience advocating for the rights and futures of Utah students.
We sek justice for countless students across Salt Lake City, prioritizing our clients’ needs and wellbeing at every step of the way. We are ready to stand in your corner and fight for your rights. To begin building your legal defense strategy, consider connecting with us today.
Defending Utah Students From Felony and Misdemeanor Charges
A criminal charge is a serious matter for any person. For a student, a criminal conviction can be particularly devastating, damaging their education, future, and career prospects. As experienced Salt Lake City student defense lawyers, we provide professional and compassionate legal representation to college students facing felony and misdemeanor charges in Salt Lake City.
For the majority of our clients, this is their first involvement with the criminal justice system. They fear that an arrest will limit their future occupational opportunities for years to come. We understand this fear and work tirelessly to not only defend students from criminal charges but also provide effective strategies to mitigate future harm. We have successfully defended a wide array of college student cases, including the following.
Drug Abuse and Possession
Utah has some of the strictest drug laws in the country, and being convicted of drug-related charges can come with severe and long-lasting consequences. One of the most common charges among Utah students is possession, which casts a wide net and encompasses more than you may initially think.
For instance, Utah Code § 58-37-2 specifies that a person can be charged with “joint possession” for merely participating with individuals who were in possession of a controlled substance. We have decades of combined experience handling drug abuse and possession cases in Utah and will leverage our in-depth knowledge and expertise to protect you, or your child, from drug-related charges.
Underage Drinking
According to Utah Code § 32B-4-409, it is unlawful for minors to consume or purchase—or ask another person to purchase—alcohol on their behalf. Underage college students are often tempted to illegally consume alcohol. The Utah criminal justice system regards underage drinking very seriously, and punishments for this crime can be severe, including fines, jail time, and driver’s license suspension. At Nix, we work diligently to have underage drinking charges reduced or dismissed entirely.
Using a Fake ID
A fake ID is any type of state or federal identification that has been modified, forged, or in any way created to falsify the identity of a person. The use of a valid identification card that belongs to someone else is also considered the use of a fake ID. Using a fake ID to procure alcohol, gain access to a bar, or obtain employment in an age-restricted role is considered a criminal offense. Per Utah Code § 53-3-810, fake ID charges can result in jail time and up to $2,500 in fines. Our team of Salt Lake City student defense lawyers has helped countless students get their charges reduced, dropped, or cleared altogether.
Driving Under the Influence
Even the first offense of driving under the influence (DUI) can result in significant legal, social, and financial consequences. In 2018, a change in legislation lowered the DUI limit from 0.8% to 0.5% for individuals aged 21 and above. The law is even more strict for underage college students—the “Not a Drop” law bans all individuals under the age of 21 from driving with any quantity of alcohol in their system (Utah Code § 53-3-231). This law applies to the operation of all motor vehicles, including cars, ATVs, and even boats.
A first offense DUI carries harsh penalties including incarceration, 120-day license suspension, fines, and installation of an Ignition Interlock Device. With the proper defense strategy in place, it is possible to reduce these penalties or have charges dropped completely. We have decades of criminal law experience and will put our extensive skill and expertise to work, making it our priority to help you overcome a DUI charge, including underage DUIs and any academic disciplinary proceedings that arise from the offense.
Sexual Assault
The consequences of sexual assault charges can alter the course of your life, putting your academic future and professional career in jeopardy. Utah universities and colleges will painstakingly investigate these allegations. Many times, students are not provided with the time or resources to develop a defense and protect their innocence.
In some cases, these students are facing expulsion, suspension, or other disciplinary action without the chance to assert their constitutional rights. If you are facing sexual assault charges, it is important to seek legal guidance as soon as possible. An experienced attorney will help you establish a strong legal defense strategy to protect your career and your future.
Domestic Violence
Generally, college and university codes of conduct impose major sanctions on individuals accused of domestic violence. In addition to academic sanctions, a person may face criminal charges as well, which can have consequences that last for years after the incident. If you or your child are facing allegations of domestic violence in a college setting, you must develop an effective defense and fight back against criminal and disciplinary proceedings. In many cases, our team of attorneys can help you avoid the serious long-term legal consequences and potential reputational damage that accompany domestic violence charges in Utah.
Disorderly Conduct
The offense of disorderly conduct is difficult to accurately capture, as there is a vast array of activities that can lead to charges. Disorderly conduct is one of the most common charges among college students in Utah, typically arising when a student is accused of engaging in a behavior that disturbs the public. Starting a fight, making offensive remarks in public, and being unreasonably loud are all common reasons why a person may be charged with disorderly conduct. Regardless of the circumstances, if you believe that your disorderly conduct charge is unfair and unwarranted, we can help.
Trespassing
Utah Code § 76-6-206 prohibits individuals from entering or remaining on another person’s private property to cause annoyance or injury, to cause damage to the property (including the use of graffiti), or to commit a crime. Even if you did not enter the property with the intention to cause damage or harm another person, you may still be charged with trespassing if it is reasonable to know that your presence would have caused someone else to fear their safety. Fortunately, with the right legal team in your corner, several legal defenses can be utilized to reduce or dismiss these charges.
Representing Salt Lake City Students at Major Utah Universities
Salt Lake City is home to over a dozen colleges and universities, making this a vibrant city for college students to learn, explore, and flourish. Our Salt Lake City student defense lawyers have worked alongside students from all of the major institutions in the area, including the University of Utah, Westminster University, Brigham Young University, Weber State University, and Utah Valley University, among many others. We use our connections to these institutions and our rich understanding of the diverse and unique college experiences offered by these major universities to inform our legal practice.
Frequently Asked Questions
As a premier criminal defense law firm with decades of experience handling student charges, students and their families often approach us with questions regarding their rights and privileges under the law. The following are some of the most frequently asked questions that we receive from current and prospective clients.
Do Colleges Find Out About Arrests?
Whether or not your college finds out about an arrest varies from case to case. If you have been arrested while enrolled in college—even if the arrest occurred off campus—it is wise to assume that your institution will find out. Major Utah universities have adopted strict codes of conduct regarding acceptable and unacceptable behavior from students and many local police departments work with campus authorities to inform them of arrests. Moreover, your criminal history report is public, meaning your college has the ability to retrieve information if you are convicted of a crime.
Can You Get Kicked Out of School if You Are Arrested During College?
Many incidents that result in arrests are a violation of college codes of conduct. School administrative proceedings operate outside of the legal system, meaning universities have full discretion when it comes to expelling students who have been arrested. Some universities are stricter than others, so it is important to refer to your college’s unique policies and procedures to gain a clearer understanding of whether the crime is punishable by expulsion. Depending on the crime, if your school maintains a strict code of conduct, you may face expulsion.
Hiring a Salt Lake City Student Defense Lawyer Near You
Criminal charges come with severe consequences that can hamper your future, your career, and your personal life. Being convicted of a crime may harm your chances of achieving your dreams and goals, jeopardizing the time you have spent investing in your education.
At Nix, we ensure that your future remains bright by helping you navigate even the most challenging legal matters. Whether you are a parent or student, it is important to understand and exercise your legal rights. To discuss your next steps with our team of experienced Salt Lake City student defense lawyers, contact us today.
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Driving under the influence (DUI) in Utah carries serious legal and administrative consequences. Penalties vary based on the offender’s blood alcohol concentration, prior offenses, and aggravating factors:
- Criminal Penalties: A first-time DUI is generally a Class B misdemeanor, punishable by up to 180 days in jail and fines exceeding $1,000 with surcharges.
- License Suspension: The Utah Driver License Division may suspend a driver’s license for 120 days for a first offense and up to two years for repeat offenders.
- Ignition Interlock Device: Installation may be required for 18 months or longer, especially for high-BAC or repeat offenders.
- Alcohol Education or Treatment: Courts often mandate participation in substance abuse education or treatment programs.
- Felony DUI: A third DUI offense within 10 years is a third-degree felony, which may result in up to five years in prison.
The burden of proof in criminal cases is with the prosecution who must prove your guilt beyond reasonable doubt. Our team’s role is to ensure this burden is discharged. If necessary, we help you negotiate plea deals to ensure the consequences and penalties are minimized.
How Nix Law Can Help
Being charged with DUI in Utah can have serious legal, financial, and personal consequences. A DUI defense attorney plays a critical role in helping defendants understand and navigate the complex legal process.
Here are several ways our Attorney Jesse Nix can assist:
- Explaining Legal Rights: We ensure defendants understand their rights under Utah law, including protections against self-incrimination and unlawful searches.
- Evaluating Evidence: We review field sobriety tests, breathalyzer results, and police reports to identify potential procedural or technical errors.
- Challenging Arrest Procedures: If law enforcement failed to follow proper DUI arrest protocols, we can move to suppress improperly obtained evidence.
- Negotiating with Prosecutors: Skilled negotiation may reduce charges or penalties, particularly for first-time or low-BAC offenders.
- Representing in Court: We advocate during hearings, plea negotiations, and trials, ensuring fair application of the law.
- Managing Administrative Hearings: We can represent you in Driver License Division (DLD) hearings to contest license suspensions.
An attorney’s guidance helps protect legal rights and supports informed decision-making throughout Utah’s DUI process. Contact a Utah DUI defense lawyer at Nix Law today.
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Frequently Asked Questions
What qualifies as a DUI under Utah law?
Under Utah Code §41-6a-502, a DUI occurs when a driver operates a vehicle with a blood alcohol concentration (BAC) of 0.05% or higher, or is impaired by alcohol, drugs, or both. Utah has one of the strictest DUI thresholds in the U.S.
What are the penalties for a first-time DUI offense in Utah?
A first DUI offense may result in up to 180 days in jail, fines, driver’s license suspension (120 days), and mandatory participation in an alcohol education or treatment program (Utah Department of Public Safety – Driver License Division).
What happens if someone refuses a chemical test?
Under Utah’s implied consent law, refusing a chemical test leads to automatic license suspension and may be used as evidence in court.
Can a DUI affect professional and personal life?
Yes. A DUI conviction may impact employment, insurance rates, and professional licensing, particularly in regulated fields. It also remains on an individual’s criminal record unless expunged.
How can Nix Law assist in a DUI case?
Nix Law can help clients understand Utah’s DUI process, evaluate evidence such as breath or blood tests, and ensure that constitutional and procedural rights are protected throughout court proceedings.