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Questions Answered by Michael S. Edwards
1 Answer | Asked in Car Accidents, Contracts, DUI / DWI and Employment Law for Utah on
Q: I crashed a company vehicle (into dirt) and ended up getting a dui. My employer took damage costs out of my last check?

Is that legal? I never signed a contractual agreement to pay for any damage to company property.

Michael S. Edwards
Michael S. Edwards answered on Jul 10, 2018

Well, if you owe them the money for the damage you caused, it seems that they simply applied "self-help," and got the money back from you quickly through your check. I don't know that there is any legal action you can bring to recover the money, unless you truly don't owe the money to them.... Read more »

2 Answers | Asked in Criminal Law for Utah on
Q: If my son is 31 and he is seeing a 15 year old what can happen?
Michael S. Edwards
Michael S. Edwards answered on May 12, 2018

Nothing good, that is for sure. If they get involved sexually it is a crime. Tell him not to go there!

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1 Answer | Asked in Criminal Law for Utah on
Q: If my Public Defender failed to inform me of a plea deal offer how can I avoid enhanced charges for lack of cooperation?

Apparently my PD failed to inform me of a plea deal offered some months ago. Now I'm facing possible enhanced charges for perceived lack of cooperation. What can I do?

Michael S. Edwards
Michael S. Edwards answered on Apr 20, 2018

I think the solution here is fairly simple. Your public defender needs to go to the prosecutor and explain that he/she failed to notify you of the plea offer (which it is their ethical obligation to do), and ask the prosecutor to give you another chance to accept the offer. If your public... Read more »

2 Answers | Asked in Criminal Law for Utah on
Q: I called pharmacy and said was medical assistant could fill my prescription for pain med 2 days early. What could happen
Michael S. Edwards
Michael S. Edwards answered on Mar 15, 2018

You will get charged with the class A misdemeanor of Falsely Obtaining a Prescription.

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1 Answer | Asked in Criminal Law for Utah on
Q: Who is the plaintiff/petitioner and who is the defendant/respondent?

I am filling out the paperwork for expunging a conviction, and I am required to fill out a cover sheet for civil actions. This is for a conviction in Utah County, Utah. The plaintiff on the conviction was Lehi City. I did not have an attorney.

Michael S. Edwards
Michael S. Edwards answered on Mar 11, 2018

Lehi City is the plaintiff and you are the defendant. The case number is the criminal case number of the case you were prosecuted for. Good luck!

3 Answers | Asked in DUI / DWI for Utah on
Q: I got charged with dui 6yrs ago which i nevef got arrested for but got let got and then i git recent warrent out for me

But i called to pay the tixket but they set me up a court date! What can i except at my courr date?

Michael S. Edwards
Michael S. Edwards answered on Mar 8, 2018

You need to hire a lawyer to help you with this. The fact that it happened so long ago might be used to your advantage. But a DUI case is too complex to handle alone. Consult with a good criminal defense attorney as soon as you can!

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2 Answers | Asked in Criminal Law and Domestic Violence for Utah on
Q: My brother-in-law had an argument with his wife. She started video-taping him with her phone so he wrestled the phone

From her. Charged with DV and interfering with device. Police charged with felony but shouldn’t it be misdemeanor 1st time offense? Is it felony if kids are there? If wife wants charges dropped can they be dropped or do police pursue on their own?

Michael S. Edwards
Michael S. Edwards answered on Mar 7, 2018

Your brother-in-law needs to consult with a good criminal defense attorney right away. Whether a domestic violence charge is a felony or a misdemeanor can depend on a lot of factors. I don't know enough about his situation to give specific advice here. But whatever the case may be, his situation... Read more »

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2 Answers | Asked in DUI / DWI for Utah on
Q: Can the imposition of a restricted license for a PerSe arrest be removed or set aside if the subsequent DUI charge was

dismissed by a court of law?

Michael S. Edwards
Michael S. Edwards answered on Feb 22, 2018

Your question cannot be answered with a simple yes or no. If this is your first DUI offense within the past 10 years, and if your license was suspended for 120 days (a per se suspension), then if your DUI charge is dismissed in the criminal court, then the Driver License Division should reinstate... Read more »

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2 Answers | Asked in Criminal Law and Federal Crimes for Utah on
Q: If you did a crime when you were 14 and no one found out until you were 18 can they still charge you?
Michael S. Edwards
Michael S. Edwards answered on Feb 8, 2018

It depends on the crime. Misdemeanors have a two year statute of limitation. Most felonies have a four year statute of limitation. However, there are some offenses, like sex offenses and homicides that don't have those limitations. Thus, for those offenses you can be charged as an adult for... Read more »

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2 Answers | Asked in Criminal Law for Utah on
Q: Got a Pos. charge for Marijuana. Was honest and given a warning for paraphernalia. Now its showing as a charge. Pls help

First went to court after the ordeal and was only being charged for Possession of Marijuana. (3 grams) Now after my second hearing, its four charges.

1. Unlawful Tail Lamps

2. Failure to illuminate registration

3 Possession of marjuana

4. Possession of drug... Read more »

Michael S. Edwards
Michael S. Edwards answered on Dec 7, 2017

What you are running into here is an example of "prosecutorial discretion." Whatever the police chose to do on the day you were cited is one thing. But the prosecutor can file a formal charging document called an Information, and charge things that were or were not included in the original... Read more »

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2 Answers | Asked in Criminal Law for Utah on
Q: How long does utah have to file charges of possession with intent to distribute charges?
Michael S. Edwards
Michael S. Edwards answered on Jul 17, 2017

The Statute of Limitation for a felony (which all charges like this are) is four (4) years from the date of the alleged offense. Consult with an attorney to get more specific information. Good luck!

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2 Answers | Asked in Criminal Law for Utah on
Q: question about bail money if I bail somebody out cash only for $15,000 and some of the charges got dismissed

Does the judge have to give the money back

Michael S. Edwards
Michael S. Edwards answered on Jul 13, 2017

The main purpose of bail is to guarantee the bailed person's appearance at all of the court's hearings. So the presumption is that the bail will be returned to you once the case is finalized (adjudicated, in legalese). It usually takes the court two to three weeks to get the money back to you... Read more »

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2 Answers | Asked in Criminal Law for Utah on
Q: I am trying to find out how long my husband can be held in country jail without charges being filed against him.
Michael S. Edwards
Michael S. Edwards answered on Jun 26, 2017

The charges should be filed within 72 business hours. But there is no way for you to enforce that. Good luck!

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2 Answers | Asked in Criminal Law for Utah on
Q: My boyfriend was charged with kidnapping me do I as the victim have any rights to drop the charges?

I got in the vehicle willingly thinking I was going to work, once I was in he peeled out of the driveway and began driving recklessly going up through the canyons saying he was being chased. This was a result of meth which I did not know he had taken at the time. After he had began to act this way... Read more »

Michael S. Edwards
Michael S. Edwards answered on Jun 2, 2017

As the victim in that case, you have the right to give your input to the prosecutor, to attend all court hearings, and to tell the judge in the case your feelings about the case at sentencing. But once you reported the matter to the police, you no longer have the power to be the deciding factor in... Read more »

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