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Utah Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Utah on
Q: Whyd you assume I just wanted to complain about loosing a case?

My attorney gave me empty promises told me a price then that price sky rocketed right after his promise fell through. He then told me if I go to treatment and and stay in contact with him I won't get a warrant well multiple rehabs and calling him withy case managers and talking to his clerk... Read more »

William Melton
William Melton answered on May 8, 2022

I would suggest reviewing the agreement you signed with the attorney and seeing if they will discuss it with you. If they told you it would cost one amount and changed it it may explain why in the agreement you signed. It is impossible for anyone to explain why an attorney would have advised you a... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: I had a bad court experience and got told to get an attorney or go to the BAR and I want to know if it's worth my time
William Melton
William Melton answered on May 8, 2022

You cannot go to the Utah Bar because you had a bad court experience. Attorneys have certain standards that they must follow for ethical and other reasons. The Bar oversees those ethical guidelines. They're not the attorney's supervisor that you complain to if you lost a case. If you feel... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: I violated a plea deal, what should I do?

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Aric M. Cramer
Aric M. Cramer answered on Mar 18, 2022

Don't talk to the cops - call your attorney right now.

1 Answer | Asked in Criminal Law for Utah on
Q: Does this case cover a person who is on probation or parole?

My fiance was arrested with no new charges for absconding. Is there valid reason to search the vehicle? He was in my vehicle, and the vehicle was searched and then impounded, is the search a violation of rights?

Lance E. Bastian
Lance E. Bastian answered on Mar 10, 2022

The short answer is: maybe. It depends on a several factors. First, when you say absconding, is that from probation or for failure to attend something pre-trial? If it's the former, it will depend in part on the language of his probation agreement. Second, if your fiance was the driver of the... Read more »

2 Answers | Asked in Criminal Law for Utah on
Q: Are there lawyers that specialize in Board of Pardon issues?
Richard W. Noel
Richard W. Noel answered on Feb 22, 2022

Yes. Generally there are attorneys who help with pardons and board of clemency issues specifically.

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1 Answer | Asked in Criminal Law for Utah on
Q: What can and can’t AP&P do in Utah?

If AP&P and assisting officer searched a parolees room and led to an arrest, can AP&P then reach out to their friend who is former law enforcement (who was romantically involved with parolee) about the arrest? Can they also pick up the parolees belongings from the Inn they were staying at... Read more »

Aric M. Cramer
Aric M. Cramer answered on Feb 13, 2022

Thiis is a Power of Attorney or Family Law question. Please post it those forums.

1 Answer | Asked in Criminal Law for Utah on
Q: Can a tipster look thru your window which is hunch up and report a crime to police in utah

I case there are anyone who seen my previous messages I thought I was paranoid so got my own urine test from doctor came up clean now found out downstairs neighbor and across the street neighbor broke into my back window hide something in my spare bedroom they did not know I was taking out garbage... Read more »

Aric M. Cramer
Aric M. Cramer answered on Feb 11, 2022

As you have been told before by me and other attorneys, you need to hire an attorney if you have been charged with a crime. You cannot represent yourself on this by asking questions online. All cases are very fact specific and there is no silver bullet to defend you. Please call an attorney.

2 Answers | Asked in Criminal Law for Utah on
Q: Ok I just got a reply from a question that my neighbors were telling the cops I was a crackhead

Two yrs clean now they dropped a bag of crack in front of house they live downstairs and gave it to the cops saying it was mine what do I do?

Aric M. Cramer
Aric M. Cramer answered on Feb 7, 2022

If you have been charged with a crime, contact an attorney immediately. Your theory is wobbly. No matter what, I would think moving somewhere else may help as well.

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2 Answers | Asked in Criminal Law for Utah on
Q: My neighbors have been talking to the police about supposedly I’m doing crack

I’m clean over two yrs what can I do

Richard W. Noel
Richard W. Noel answered on Feb 6, 2022

Don't talk to the neighbors. If the police come around, don't speak to them without an attorney present.

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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
Q: CAN I USE ANOTHER STATE'S SUPREME COURT RULING IN MY STATE?

“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 Criminal Law and Federal Crimes for Utah on
Q: Does the state of Utah prohibit the use of air guns for self defense?

Example: byrna launcher

Mike Branum
Mike Branum answered on Jan 20, 2022

If an item is legal for you to have in your possession and you feel that you are in imminent danger of death or serious bodily injury then you may use that item to defend yourself. If you cannot legally possess a handgun, you should not be in possession of an "air gun" either.

If...
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1 Answer | Asked in Criminal Law for Utah on
Q: Please see the more info section.

I have a friend that slept with a gal that was 17 almost 18 back in October of 2013. My friend was 25 at the time so he was 8 years older than her. He turned 26 a few months after they hooked up and she turned 18 a few months after as well. It was consensual.

It has been 8 years now.... Read more »

Mike Branum
Mike Branum answered on Jan 18, 2022

The age of consent in Utah is 16, so this is not a statute of limitations issue. If the encounter was consensual when it occurred in 2013 then no crime was committed.

1 Answer | Asked in Criminal Law for Utah on
Q: If the statute of limitations has run can the police still arrest you?

My friend met up with some hookers 5.5 years ago in Salt Lake County and he worries he's going to get in trouble for it. I believe the statute of limitations In 2016 is 2 years for them to find out and press charges. Now 5.5 years later can anything happen to him?

Lance E. Bastian
Lance E. Bastian answered on Jan 17, 2022

While you are generally correct that the statute of limitations in Utah for patronizing a prostitute is 2 years, there are a few important caveats to that. First, if your friend has prior convictions for the same thing or if the prostitutes involved were minors, it could be a third-degree Felony... Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Utah on
Q: Is disorderly conduct,(76-9-102) or,(76-8-5060), grounds for search warrant? Never charged for either.

This is Utah. I called police as i thought i had intruders in my home. they did a search and had me go to the hospital for a evaluation. They executed the search warrant to cover after i had left upon where they found illegal marijuana oil. They then got another warrant for that. The first warrant... Read more »

Lance E. Bastian
Lance E. Bastian answered on Jan 17, 2022

There's quite a bit going on here, and I would need more information to really evaluate the situation. It sounds like during the initial sweep of the house for intruders, the police may have seen something that prompted them and gave them a basis to get the first warrant. You would need to see... Read more »

2 Answers | Asked in Criminal Law for Utah on
Q: If I let a friend borrow my computer and then later found out that he pawned it and then lost it can I get it back
William Melton
William Melton answered on Dec 13, 2021

You will need to file a police report and report it stolen in order to get it back. Your friend will be charged with a crime (likely multiple). If you don't want them to get charged I would suggested going to the pawnshop and purchasing it back yourself.

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1 Answer | Asked in Criminal Law for Utah on
Q: What are the legal consequences of holding a toy gun to someone's head, execution style, and threatening death?
Aric M. Cramer
Aric M. Cramer answered on Nov 26, 2021

Have you been charged with a crime? If so, please state the charges and where they were filed.

2 Answers | Asked in Criminal Law for Utah on
Q: How would I go about finding more information about a newly issued warrant unbeknownst to my knowledge?

There is a case number and everything. What tools can I pursue in order to get more information about this?

Aric M. Cramer
Aric M. Cramer answered on Nov 26, 2021

Pesue an attorney to help you resolve it.

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1 Answer | Asked in Criminal Law, Divorce, Family Law and Foreclosure for Utah on
Q: Getting back money from soon to be ex husband he took her checks and put it in a bank account without her name on it

She works a full time job and he took 30000 that she was paid from her job and a settlement and put it in an account with only his name on it, and she is only asking for half but he is telling her he is keeping it all. He won't give her a penny of it. He also cheated for 13 years.

Aric M. Cramer
Aric M. Cramer answered on Nov 22, 2021

Contact a family law attorney for help.

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