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Utah Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Utah on
Q: Im wondering what an affirmative defense means in utah pertaining to an overdose and who can claim it and how

Im wondering if the person who overdosed can claim affirmative defense and how it works. Its 58-37-8(16) of the utah crimial code im wondering about. About a month ago i overdosed and i was arrested. Now im facing possesion charges. I dont have a lawyer so i have been trying to research as much as... Read more »

Mike Branum
Mike Branum
answered on Dec 1, 2022

As Mr. Cramer has stated, you really need an attorney whether you qualify to have one appointed or whether you are able to retain private counsel. You can argue an affirmative defense, but that defense would be argued at trial and over 90% of criminal cases resolve before trial. Counsel will be... Read more »

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2 Answers | Asked in Criminal Law for Utah on
Q: My husband hit my ex’s car window, now he’s being charged with disorderly conduct. Is getting an attorney worthwhile?

I was trying to speak to my ex husband about our children, and he disrespectfully rolled up his window while repeating, “I don’t care.” My husband approached the vehicle. He slapped the car window (open palm) to get my ex’s attention and asked him to listen to me. My ex then rolled the... Read more »

William Melton
William Melton
answered on Nov 25, 2022

It is always a good idea to consult with an attorney. Disorderly conduct can be charged as an infraction or as a misdemeanor. You should definitely at least speak to an attorney so they can advise your husband on the potential penalties of the charge. Having the disorderly conduct could come back... Read more »

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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Utah on
Q: I was stereo typed, passing this cop, he flipped around as i pulled into my trailer park which is posted no trespassing

Our lots are owned by the people not rented. He sped up im already around the corner and pulled up to my house. Flips his lights. He asks for my info and pulled me out of my truck. Doesnt say or ask anything takes his dog and goes right in my truck. Can he do that? Im asking him hey where is your... Read more »

William Melton
William Melton
answered on Nov 18, 2022

You need to contact an attorney to review and assist you in your case. You need an attorney. Do not speak to anyone about the case and consult with an attorney. Based of what you're saying there are likely many issues with the officers conduct, but until an attorney looks at all the police... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Utah on
Q: fed officers stopped @ parents home said I was charged for insurance fraud? Didn’t leave any info. Can you verify?
Aric M. Cramer
PREMIUM
Aric M. Cramer
answered on Nov 4, 2022

Probably not. Most federal indictments are sealeed until served to prevent a target from fleeing.

1 Answer | Asked in Criminal Law for Utah on
Q: In simple terms. What's the ut difference between parole and being discharged?
Aric M. Cramer
PREMIUM
Aric M. Cramer
answered on Nov 4, 2022

Parole Officer - no Parole Officer

1 Answer | Asked in Traffic Tickets and Criminal Law for Utah on
Q: I got pulled over for reckless driving going 108 but I had an activate warrant for a citation I got transported to jail

These are fake answers from these attorneys to practice there line of work by taking advantage of situations don't let them fool you

William Melton
William Melton
answered on Oct 24, 2022

There isn’t anything you can do about the tow and impound fees. You need to contact an attorney who handles traffic cases to help you with the reckless driving. It’s a class b misdemeanor. They don’t seem like a big deal, but I’ve have clients tell me their insurance company dropped them... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: What happens if I’m facing a criminal charge but the officer didn’t put me into the actual report.

The officers police report states that the person being charged. Has the same name as me, but a different date of birth.

William Melton
William Melton
answered on Oct 3, 2022

You need to hire an attorney to represent you. If you cannot afford one, the court will appoint an attorney for you.

1 Answer | Asked in Criminal Law for Utah on
Q: (Utah) I was convicted of F3 Voyeurism, but I might be in a Catch-22 as far as post sentence relief.

I was released from prison in 2019. From my research, I can only qualify for SO Registry removal if my conviction was Misdemeanor Voyeurism and not Felony Voyeurism, however, since I'm on the registry I apparently don't qualify for a 402 reduction, and since I'm convicted of a felony... Read more »

William Melton
William Melton
answered on Oct 2, 2022

I haven't reviewed the statute on the length of registration for your offense, but assuming it is a 10 year registration (10 year from the end of probation) you cannot get a 402 reduction while you're on the registry. There is no exception to this. So you have to be off the registry... Read more »

1 Answer | Asked in Child Custody, Criminal Law, Divorce and Family Law for Utah on
Q: Can dating someone with traffic misdemeanors effect child custody?

Im going through a divorce its been 9 months waiting. I fell in love with someone who has misdemeanors for dumb traffic things. He had some stuff in his teens. Hes changed and wanting to be a fireman or go into marines to be a combat medic. Im worried that my Ex husband who is not a good guy might... Read more »

Aric M. Cramer
PREMIUM
Aric M. Cramer
answered on Sep 30, 2022

This is not a criminal law question. You need a family law specialist.

2 Answers | Asked in Criminal Law for Utah on
Q: In utah during a search warrant do the officers need to be wearing body cams
William Melton
William Melton
answered on Sep 29, 2022

Aric is correct. Every police department should have a policy regarding body cameras. You should contact an attorney to represent you. They will know how to get the body cam and the police department's policy.

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1 Answer | Asked in Criminal Law and Divorce for Utah on
Q: In Utah: Dvrce pndng in MT, X tells my son has a Court Order to take a truck owned b4 we were married - criminal?

RECORDED claiming she has a Court Order (ridiculously false) to take a truck originally titled to my dad, changed to me b4 marriage, she knows I've put $thousands in it, just painted it and am I'm selling it - and makes this claim. Attempted theft by deception?? What about claiming a... Read more »

William Melton
William Melton
answered on Sep 16, 2022

You should report it to law enforcement. I suspect they will tell you it's a civil matter(it's not, but that's how they get out of dealing with it), but I would still make the police report.

1 Answer | Asked in Criminal Law and Federal Crimes for Utah on
Q: my federal case was filed for motion of dismissal does that mean i’m done with court?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 12, 2022

If this is a criminal charge against you, then it appears the Government is dismissing one or all charges against you. However Jeopardy probably does not apply, which means you might get charged later within the SOL. Talk to your attorney and stay out of trouble as you may be watched.

1 Answer | Asked in Criminal Law for Utah on
Q: I am 14 and my partner is 17 will there be any legal trouble when they turn 18

My birthday is in oct 18 theirs is in Nov 2

Lance E. Bastian
Lance E. Bastian
answered on Sep 7, 2022

Assuming I'm understanding correctly with your relative ages, that you will turn 15 in October and your partner will turn 18 in November, the answer is yes. Right now, until you turn 15, consensual sexual activity between you and your partner would be considered unlawful adolescent sexual... Read more »

2 Answers | Asked in Criminal Law for Utah on
Q: Can a third degree felony of disarming a peace officers energy device be expunged?

Can a Class A misdemeanor of simple assault on a peace officer be expunged?

Aric M. Cramer
PREMIUM
Aric M. Cramer
answered on Aug 11, 2022

I believe it can.

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3 Answers | Asked in Criminal Law for Utah on
Q: Can a judge grant you an early dismissal with a Plea and Abeyance?

Meaning if your Plea and Abeyance said 18 months can a judge dismiss your case and the charges after only 6 months if you have completed all other required terms?

Cliff Venable
Cliff Venable
answered on Aug 8, 2022

Yes.

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1 Answer | Asked in Criminal Law and Domestic Violence for Utah on
Q: Can a plaintiff without representation request a plea in abeyance from an attorney? What would they need to provide?
William Melton
William Melton
answered on Jul 26, 2022

The plaintiff is the city/state that is prosecuting you. You would be the defendant. You can always represent yourself and contact the prosecutor to see if they will offer you a plea deal (a plea in abeyance is a type of plea deal).

1 Answer | Asked in Criminal Law for Utah on
Q: Charge is Possession of a credit card. It was found in my bosses vehicle and I was charged

I was taking a nap in the vehicle when a cop showed up . Keep in mind we’re at my work property, the cop knocks on the rear passenger window and says we got a call on a dog in the back of a vehicle.

William Melton
William Melton
answered on Jul 7, 2022

There isn't enough information here. What is your question? You should contact an attorney directly for assistance. If you have been charged with a crime and cannot afford an attorney the court will appoint one for you.

2 Answers | Asked in Criminal Law for Utah on
Q: My boyfriend hes being charged with burglary on 3rd degree with unlawful intry he being charged on a fingerprint only

They have him in jail since April 17 on a fingerprint his appointed lawyer don't help him he just wants him to sighn a paper to send him to prison I dont think he should be in there only for a fingerprint they have no other evidence against him hes not on camera they have no Witnesses the... Read more »

Aric M. Cramer
PREMIUM
Aric M. Cramer
answered on Jun 27, 2022

You need to hire an attorney to represent him then.

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1 Answer | Asked in Criminal Law and Employment Discrimination for Utah on
Q: Is it illegal for a person to lie to police, in an attempt to have someone punished for crimes they didn’t commit?

It just seems like certain demographics of people are used to complaining and using the police to manipulate and get things they want. For example, someone accuses hotel staff for stealing there jewelry, in an attempt comp a free room or reimbursement. They then claim they saw a hotel maid wearing... Read more »

William Melton
William Melton
answered on Jun 20, 2022

The short answer is yes. Lying to the police is illegal and you can get charged with obstruction of justice. Lying to hotel staff is not lying to law enforcement (police).

1 Answer | Asked in Criminal Law and Car Accidents for Utah on
Q: I believed my neighbors where telling the truth regarding me hitting a mail box but I’m realizing they lied?

I was unloading a uhaul, I didn’t consider my blood sugar. I went to move the Uhaul in front off townhomes and out of the alley, my neighbors chased me, I freaked out, I saw one of them wave me down. Came to my senses and stoped to talk to him. They told me, didn’t I notice I hit a mail box, I... Read more »

Mike Branum
Mike Branum
answered on Jun 20, 2022

You have described an incident but you have not asked a question. It appears you have three paths moving forward: 1) pay the fine and take the conviction as is - simplest and quickest resolution which likely has the most significant impact on your insurance (you may want to contact your insurance... Read more »

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