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Utah Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Utah on
Q: I thought I would have a trial after pleading not guilty but instead I'm facing disposition in court today. Why.
Lance E. Bastian
Lance E. Bastian answered on Jan 31, 2022

It sounds like whoever set the disposition hearing was under the impression you were ready to change your plea. If you have been arraigned (which is to say you have formally entered a not-guilty plea), that would be the only reason to set it for disposition. Don't worry, though. Unless you go... Read more »

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Utah on

“But the interpretive rule of legislative acquiescence bars us from disregarding that body’s failure to amend the drug possession statute for the last 40 years.” - IN THE SUPREME COURT OF THE STATE OF WASHINGTON "...statute was unconstitutional, violating due process clause protections... Read more »

Lance E. Bastian
Lance E. Bastian answered on Jan 31, 2022

The short answer is "yes." Prior precedent within the state is referred to as binding or controlling, as lower courts are required to follow it and appellate courts (simply put) would have to overrule it to depart from it. Authority from other jurisdictions is considered... Read more »

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2 Answers | Asked in Criminal Law and Civil Rights for Utah on
Q: Can cops write multiple warrents at my house at diff times in same day.

I was recently raided with a search for fire arms and electronic devices. While they were searching some of the officers seen allegedly other stolen items. The officers then got another warrent after searching house. Is that legal?

Aric M. Cramer
Aric M. Cramer answered on Jan 30, 2022

Of course you can get charged. Proving it is another question. You need an attorney right now. You can't defend this on your own.

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1 Answer | Asked in Personal Injury, Civil Rights and Health Care Law for Utah on
Q: My HIPPA was grossly violated by 2 clinics. One in Utah and one in Chicago.

I filed this with the Federal Government. My husband is a physician & I work in healthcare as well . Because of that, I am having a hard time finding an attorney that doesn’t do malpractice and HIPPA violations. Does anyone know who I can talk to about this? This is a very serious HIPPA... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 6, 2021

I'm not sure what you mean by your HIPAA being violated but the short answer to your question is that in their wisdom Congress in enacting HIPAA did not provide any remedy for a violation, other than potential injunctive or declaratory relief which means no money therefore no attorney would... Read more »

1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and Immigration Law for Utah on
Q: Can an asylum applicant (who has SSN and Employment Authorization because of it) legally buy a gun?

That person it’s not an ilegal or unlawful alien, and it perfectly fits for all the requirements of the BCI and the Federal laws.

Vince Sykes
Vince Sykes answered on Apr 10, 2021

You need to get a permit; whether you can legally purchase or not. Work permit and SS number don’t confer you status. In fact you have no status, but perhaps refugee seeking to remain in the US. And any weapons offense could negatively impact your asylum application.

1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Collections for Utah on
Q: Hi i have a question i was on a auto loan with a cosiginer an i was making monthly payment then they paid it off

Hi i have a question i was on a auto loan with a cosiginer an i was making monthly payment then they paid it off and demand that i paid them back an i was making payments but not very much and theres no contract that he created for me to sing to show that I would pay him back, then he went an stole... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Sep 2, 2020

First, it sounds as if the only agreement you signed is the one you both co-signed for the purchase of the car. The normal expectation is that you have the right to continue to pay the car loan on time until it is paid off. If you failed to do so, and the co-signer had to step in to save the... Read more »

1 Answer | Asked in Civil Litigation and Civil Rights for Utah on
Q: Can Walmart refuse me for not wearing a face mask for religious or medical reasons

In utah

Tim Akpinar
Tim Akpinar answered on Aug 2, 2020

A Utah attorney could answer best, as elements of state public health law and state executive orders could apply. But your question remains open for two weeks. As a general matter, they probably could because of the public safety issue - unless a doctor's note excuses usage on a medically... Read more »

1 Answer | Asked in Personal Injury, Civil Rights, Communications Law and White Collar Crime for Utah on
Q: Do I need a personal injury lawyer and a civil rights lawyer when Suing multiple health providers?

Looking for an attorney to help me pursue my complaint, by suing multiple people and/or health providers whom may be able to assist me by giving a discount or payment plans? Maybe even PRO BONO? The information I have obtained is very sensitive so please email responses to:... Read more »

Tyler Young
Tyler Young answered on Jul 27, 2020

You need a medical malpractice / personal injury attorney. If there are civil rights components to your case, often a an injury attorney can assist you with that as well.

Medical malpractice tort reform laws in Utah make it nearly impossible for non-lawyers to navigate the litigation...
Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Libel & Slander for Utah on
Q: Someone has committed criminal defamation against me, what do I do? Should i report it to the police?

In a report made to the police in another matter my neighbor told them I am schizophrenic and that is totally %100 flase, she has also spread this falsehood around the neighborhood to other people.

I can file criminal charges right?

76-9-404.  Criminal defamation. 

(1)A... Read more »

Mike Branum
Mike Branum answered on Jun 30, 2020

Defamation is a civil matter. The police are not going to take a report. What you are referring to is filing a false police report. Unless your mental capacity was relevant to the police matter, it is unlikely criminal charges would be sustained for falsely telling police you are schizophrenic. The... Read more »

1 Answer | Asked in Divorce, Civil Litigation, Civil Rights and Domestic Violence for Utah on
Q: I need a lawyer criminal divorce and 2civil case, I'm disabled and need one that will work with me on the fees

St. George ut.

William Melton
William Melton answered on Jun 10, 2020

Send me an email and I would be happy to talk to you about your case.

2 Answers | Asked in Contracts, Criminal Law and Civil Rights for Utah on
Q: I was protesting recently and got arrested and charged with indecent public display.

Currently I work as an exotic dancer and I am licensed with an SOB license. If I go in front of a judge and am found guilty of this, would that revoke my license, I can't find anything online regarding it, it says I need to tell them any past arrests but not what would revoke it. I can't... Read more »

Ian Quiel
Ian Quiel answered on Jun 2, 2020

The answer would depend on which municipality issued your SOB license. It also depends on what exactly you are being charged with. An arrest or conviction could possibly impact your license. You should contact an attorney immediately if you have been charged in connection with the recent protests.... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Utah on
Q: Search of someone's lunge area that is under arrest can they search someone else's property who isant involved?

My boyfriend got arrested for some warrants and ended up having drugs in his pocket. They searched the lunge area in his vehicle which supposedly included my purse on the floor of the passenger side of his vehicle despite me telling them they could not because I wasant under arrest at this point.... Read more »

Aric M. Cramer
Aric M. Cramer answered on Oct 31, 2019

I don't know what a 'lunge area' is. These suppression issues are highly fact specific. Contact a local criminal defense attorney for a detailed meeting in person.

3 Answers | Asked in Criminal Law and Civil Rights for Utah on
Q: I got pulled.over a week ago or so for no registration. And I had a weed pipe on me and a bag of weed.

Utah state. I got possession of controlled substance, possession of drug paraphernalia. Just weed, first charge ever in my 28 years. Also Failure to register registration. Warning. Is what the ticket says.

the officer gave me a break for just making it easy for him when he asked if I had... Read more »

Mike Branum
Mike Branum answered on Oct 18, 2019

An attorney would have to inspect your documents to give you a good answer but my suspicion is that there was a communication breakdown between you and the officer. Failure to register is a non-moving violation and is generally dismissed if you produce evidence that you have corrected the problem.... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Utah on
Q: I'm on probation and renting a room in my aunts house, can they search the whole house or only my property and room?

In utah

Taylor C. Hartley
Taylor C. Hartley answered on Sep 9, 2019

Normally, law enforcement only has the right to search the area you're renting. If your rental agreement allows you to be in other parts of the house, then you're not just renting a room, but all the common areas, too. The other parts of the house may also be subject to search if you... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Utah on
Q: Hi my name is Breann Alexander my phone # is 385-404-2068 and my email is

My vehicle was towed out of my driveway without my consent i was not givin a 24hr notice to move my vehicle or anything there is not any signage around where i live and i had no clue where my vehicle was took to until i recived a note from the post office about a week later saying theres a letter i... Read more »

Mike Branum
Mike Branum answered on Apr 17, 2019

According to Utah Administrative Code you should have received a copy of the Utah Consumer Bill of Rights Regarding Towing as soon as you were contacted by the towing company. If you did not, you can file a complaint with UDOT on their website ( You may have a claim for damages... Read more »

1 Answer | Asked in Child Custody and Civil Rights for Utah on
Q: I am trying to get my son back from my ex boy friends sister. She will not release him to me. How can I get my son

My ex was arrested for murder. My son is in custody with my ex boyfriends aunt. There is no custody arrangement. I just want to get my son I have been trying for the last 2 years but the father would not let me see him and left with my son to another state. I have spoke with law enforcement and... Read more »

Wesley Winsor
Wesley Winsor answered on Mar 4, 2019


I am not a family law attorney, but as I understand it, as long as your parental rights have not been terminated, your custodial rights should trump anyone else's except for maybe the father.

So if you just picked him up and took him home, it would be in within your...
Read more »

1 Answer | Asked in Personal Injury, Civil Rights and Legal Malpractice for Utah on
Q: Don't you have to be a felon to be a restricted person? Or have mental illness? Or have some conviction for violence?
Tim Akpinar
Tim Akpinar answered on Feb 9, 2019

You could additionally post this in the Criminal Law section. Criminal law attorneys would be able to provide more meaningful input on the issues mentioned here than personal injury attorneys would.

Tim Akpinar

2 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Federal Crimes for Utah on
Q: Can a judge keep making you restart supervision with no end in sight torment&continues still years over even no illegal?

Is it okay for someone to suffer over and over for years because a judge wants to say you can't do it...even legal everywhere...then expect me to be okay with revoking and restarting for 10 years or however long and go through all this keeping in mind already spending 48 months in custody... Read more »

Gary Kollin
Gary Kollin answered on Jul 31, 2018

You need to consult directly with an attorney. Your facts are not sufficient to understand what occurred. Moreover, you have one long run-on sentence so it is virtually impossible to parse

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2 Answers | Asked in Criminal Law, Traffic Tickets, Appeals / Appellate Law and Civil Rights for Utah on
Q: Can i get pulled over in McDonald's parking lot when the officer never got behind me until the drive tru

And i didn't give him no reason to pull me over or to search my car

Catherine Cleveland
Catherine Cleveland answered on Mar 7, 2018

I believe your only asking the question because you received a ticket for something. Why did the officer give you a ticket?

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1 Answer | Asked in Child Custody, Civil Rights and Juvenile Law for Utah on
Q: I was put into dcfs codtody flatly accused of meltesting a sib was proven not guilty about adulthood can i sew

The charges were never taken care of messed up my hole life can i sew state for messing my entire life up

Catherine Cleveland
Catherine Cleveland answered on Jan 11, 2018

No, you cannot sue the State for charging you with a crime.

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