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Questions Answered by James J. Lee
1 Answer | Asked in Personal Injury, Domestic Violence and Criminal Law for Utah on
Q: In Utah, I got arrested for DV/assault. I did not do this. Will the initiator still get in trouble?

x

James J. Lee
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James J. Lee
answered on Sep 4, 2024

If you got arrested, that means the police believe you committed a crime. While I'm not sure what you mean by "initiator", any other party involved in this incident would be considered a victim and/or a witness. The victim or witness would not be in trouble for anything. Of course,... View More

1 Answer | Asked in Criminal Law for Utah on
Q: I just want to know what charges can my cousin get and how long he could possibly be in jail for

He is 18 years old. He was drunk and had a gun. Him and his girlfriend live together. But his girlfriend mom came over and when he was drunk he pulled out the gun to them

James J. Lee
PREMIUM
James J. Lee
answered on Aug 19, 2024

Depending on a few more details, he could be charged with one or more of the following:

-Intoxication (Class C misdemeanor; 90 days jail; fine)

- Minor in Possession (Class B misdemeanor; 6 months jail; fine; driving suspension)

- Threatening with or using dangerous weapon...
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1 Answer | Asked in Criminal Law for Utah on
Q: My bf is incarcerated right now, they keep telling him they r waiting on the discovery to see what is further being done

What can we do to bring him home

James J. Lee
PREMIUM
James J. Lee
answered on Aug 9, 2024

Sorry if this answer is too late.

This largely depends on what stage of the process he is in. If I assume he was arrested recently and is in the beginning stages, he may be in custody for a few days till they officially file charges against him. There's a good chance they will release...
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2 Answers | Asked in Car Accidents for Utah on
Q: I did a minor hit and run, I pulled over and the car I hit didn't. Could I be in trouble?

So I clipped a car with my mirror changing into the turning lane. I ended up in front of them in the turn lane. I assumed they would follow me into the less busy side road I was turning into instead of the busy road where it happened and we could get it resolved. But they did not follow they stayed... View More

James J. Lee
PREMIUM
James J. Lee
answered on Aug 29, 2024

You pulled over and reported it. Really, this should be seen as a hit and run.

If the police do call you later, you will probably feel tempted to explain the situation. It would be better to say that you would like to consult with an attorney first.

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1 Answer | Asked in Criminal Law for Utah on
Q: What can I do if a police report was exaggerated and misleading to the actual event

Was accused of domestic violence whereas I was arguing with my girlfriend no violence. I slit my wrist was why 911 was called. No medical given. DV charges because he had scratches. But had scratches because police had her walk through the woods in the dark because could not find her on the trail

James J. Lee
PREMIUM
James J. Lee
answered on Nov 18, 2020

Sorry to hear about that. Since you've already been charged, it's too late to do anything with the report or with police. The next stage is addressing these issues in court. There are two ways this can be done: 1. talking with the prosecutor to discuss the factual discrepancies and/or 2.... View More

1 Answer | Asked in Criminal Law for Utah on
Q: How do I get a copy of a permanent protective order granted in 3rd district court June of 2012.

Criminal stalking case

James J. Lee
PREMIUM
James J. Lee
answered on Sep 7, 2018

You can go to that court and ask for a copy. You can also call them and they may be able to send it to your for an extra cost.

2 Answers | Asked in Criminal Law for Utah on
Q: If you paid for the item before you left the store can you still be charged with shoplifting?

I was in the store waiting for my husband. I was on the phone with the bank. I got up and picked up a water bottle. I sat down and stayed on the phone with the bank. While on the phone I removed the label on the water bottle and put it in my purse. It wasn’t hidden. I also put the label... View More

James J. Lee
PREMIUM
James J. Lee
answered on Jul 23, 2018

Unfortunatley yes, you can still be charged. Based on what you are saying the store would have several reasons to believe you had the intent to steal the item.

Luckily, there are always possible defenses and/or ways to mitigate damages.

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