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Utah Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Utah on
Q: I am being charged two second and one third degree felonies for a house I used to live in getting raided 4 months after

I had already moved

Aric M. Cramer
PREMIUM
Aric M. Cramer
answered on Feb 21, 2023

Well you haven't asked a question, so I don't have a response other than if you would like a consultation feel free to call my office and set up a phone or in person meeting.

1 Answer | Asked in Criminal Law and Traffic Tickets for Utah on
Q: Hello, my question is ways that i can get my charge of possesion of a controlled substance dissmissed or reduced in utah

An officer from a neighboring city got behind me and followed me untill i reached my city for no reason he pulls me over. His reasons were made up and in my discovery he dont give any probable cause reason on why he began to follow me on the highway. ive done some research and believe theu were... Read more »

William Melton
William Melton
answered on Feb 13, 2023

You need to hire an attorney. Criminal law is extremely fact specific and you need an attorney to review your case and probably file a motion to suppress.

1 Answer | Asked in Contracts, Copyright, Criminal Law and Intellectual Property for Utah on
Q: Can a storage facility be sued for violation of an NDA

I am writing a book about real events that happened to me/family. I stored the documents for my book in a storage facility. The owners signed an NDA to be able to read my book so far. I moved out of state and they sold my property for non-payment. Can I sue them for breaching the NDA by disclosing... Read more »

John Michael Frick
John Michael Frick
answered on Feb 11, 2023

No. Your non-payment constitutes a prior material breach that authorized them to sell your stuff and excuses their breach of the NDA.

1 Answer | Asked in Legal Malpractice and Criminal Law for Utah on
Q: My son almost got hit by a bus yesterday. The bus has not been following safety rules for awhile. What can I do legally?

For months the bus driver has been allowing the kids to cross right in front of the bus. Yesterday the bus driver drove off right as my son was starting to cross and other kids were still in the street. My son is young and is now scared of crossing the street.

Aric M. Cramer
PREMIUM
Aric M. Cramer
answered on Jan 10, 2023

This is not a criminal law question. If you think the driver is committing crimes, you need to contact the police.

1 Answer | Asked in Criminal Law and Juvenile Law for Utah on
Q: I pressed charges for finding marijuana in my son's(15) but now 2 days later I am dying with regret. Can I drop those?
William Melton
William Melton
answered on Jan 8, 2023

No, you can't. It is a common misconception that the person who reports something to the police is "pressing charges." That is now how it works. You may report the case, but one you do it is out of your hands. The government (the prosecutor) is always the one who brings the charges.... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: If I live in a household with a felon and I have guns in a safe only I have access to is it okay for them to live there?
Aric M. Cramer
PREMIUM
Aric M. Cramer
answered on Dec 19, 2022

It's ok for you. Not for them. They could be charged for felon in possession by the feds. Get rid of the guns and ammo or the roommate.

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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