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Questions Answered by Brent J Huff
1 Answer | Asked in Criminal Law and Probate for Utah on
Q: I was in probation when I was 17 I ranawayand I’m 20 Haven’t had any problems am I good?

When I was 17 I was on probation I did good till about the third month and it kept getting worse and worse living with my dad(he’d get in my face yelling, threaten to hit me, constantly would kick me out then threaten to call my PO for running away constantly degrade me cause my weed charges(2))... Read more »

Brent J Huff
Brent J Huff answered on Mar 10, 2020

You should call an attorney who can look up the case in the CARE system. It seems unlikely that the Court would have any interest in pursuing the case; but, there is no way to know if you are good without determining what occurred in the case.

3 Answers | Asked in Child Custody and Criminal Law for Utah on
Q: Can I file a protective order for my child?

I just want to know if I am able to file a protective order for my child 15 years old against her cousin over 30 years old? He was sending my daughter naked pictures of himself saying it was an accident but also saying he’s ok if he does it accidentally and if she felt like she wanted to send him... Read more »

Brent J Huff
Brent J Huff answered on Mar 2, 2020

The form to request a Child Protective Order and instructions are contained here: https://www.utcourts.gov/abuse/child.html

The Clerk at the Courthouse is required by law to assist you in filing these forms.

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3 Answers | Asked in Criminal Law for Utah on
Q: I am going to court for a misdemeanor b and I am not sure what to binge with me
Brent J Huff
Brent J Huff answered on Feb 28, 2020

At your initial appearance, the Judge will inform you of the charges against you, the maximum possible penalties for those charges, and will ask you if you want to have an attorney appointed to represent you. The Judge will also take your initial plea of guilty or not guilty. Plead not guilty.... Read more »

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1 Answer | Asked in Criminal Law for Ohio on
Q: Can I still be charged for drug possession if it was found on me but I wasnt charged at that time
Brent J Huff
Brent J Huff answered on Feb 12, 2020

Yes. usually, cops cite the person, or people, that they believe possess an illegal substance. But, a prosecutor can charge a crime against anyone they have probable cause to believe has committed that crime. Usually a prosecutor makes this decision after the cops "screen" the case with them.... Read more »

1 Answer | Asked in Consumer Law and Criminal Law for Utah on
Q: I have a class a mis warrant in Utah and I lost my DL. Can I be arrested at the DMV if I go get another one?

Warrant is for 1st intensive probation violation

Brent J Huff
Brent J Huff answered on Feb 12, 2020

Technically a person can be arrested anywhere because a warrant is a judicial command to any law enforcement to arrest that person. Whether an officer at the DMV is likely to execute a warrant is hard to say. But, if DMV suspended a license due to a warrant, and the warrant still exists, it seems... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: If the state cannot find my arrest and conviction records

If the state cannot find my arrest and conviction records for what ever reason like lost or destroyed and have no backup can I challenge same and prevail

Brent J Huff
Brent J Huff answered on Feb 12, 2020

It depends. The first thing to do is to request your criminal history from the Utah Bureau of Criminal Identification.

You can do so here: https://bci.utah.gov/criminal-records/

If there is nothing on it, then if someone requests your state criminal history, such as an employer,...
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2 Answers | Asked in Criminal Law, Family Law, Juvenile Law and Sexual Harassment for Utah on
Q: can you take 30 year old male relative sending 15 year old niece naked photos from snap chat app, pictures weren’t saved

Niece is 15 and her cousin is 30 he has sent her pictures or his private part but it’s sent from Snapchat and the pictures weren’t saved. The whole conversation is saved but no pictures. In the conversation he does state he’s going to send it and also more than once, he states in one of the... Read more »

Brent J Huff
Brent J Huff answered on Feb 12, 2020

You have described a crime. Crimes should be reported to law enforcement. Although private citizens can sue one another, the usually do so when there has been damages that can be converted into money. Unless you are looking for money, there might not be much reason to sue another person. If... Read more »

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2 Answers | Asked in Criminal Law, Federal Crimes, Juvenile Law and Sexual Harassment for Utah on
Q: If a guy is 19 years old and dating a 17 year old can parent call cops and get guy in jail or anything

19 year old guy dating 17 year old girl, and hasn’t committed sexual intercourse can parent get cops involved and have 19 year old arrested and charged

Brent J Huff
Brent J Huff answered on Feb 12, 2020

There is a crime called "Unlawful Sexual Contact with a 17 Year Old." To commit the crime, an adult needs to be 7 years older than the 17 year old, and has to have sexual activity with them, whether consensual or non-consensual.

Non-consensual sexual activity is always a crime. It is...
Read more »

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1 Answer | Asked in Criminal Law for Utah on
Q: im being charged wit two 3rd degree felonies for possession.I was under a lot of stress of losing a loved one so I fell

asleep in the park it was during the time ur allowed to be there i fell asleep and was woke up by two officer telling me i had been groping my self when i wasn't around no kids no citizens the woke me up by poking at me then asked me if they could search for weapons and some how ended up reaching... Read more »

Brent J Huff
Brent J Huff answered on Oct 23, 2019

If officers have a reasonable suspicion of criminal activity, even if the suspicion ultimately turns out to be wrong, they can stop someone for an investigatory detention. During such a detention, if officers have a reasonable suspicion that the person may be armed and dangerous, they can conduct... Read more »

2 Answers | Asked in Criminal Law for Utah on
Q: All right I'm currently attending adult probation and parole I'm also under psychiatric care with ritalin

Just that I feel bullied and coerced into saying that I am using meth when I'm not and I'm only using Ritalin as I've been told to which keeps pulling up false positives and I'm scared that they are going to try and throw me back in jail for it

Brent J Huff
Brent J Huff answered on Oct 23, 2019

Provided documentation to AP&P. Stay calm and patient. Don't get "sideways" with them, just continue to explain. Remember that they deal with a lot of people that lie to them about these things. If they do file an OSC, contact and show up with a lawyer and your prescriptions.

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3 Answers | Asked in Criminal Law and Civil Rights for Utah on
Q: I got pulled.over a week ago or so for no registration. And I had a weed pipe on me and a bag of weed.

Utah state. I got possession of controlled substance, possession of drug paraphernalia. Just weed, first charge ever in my 28 years. Also Failure to register registration. Warning. Is what the ticket says.

the officer gave me a break for just making it easy for him when he asked if I had... Read more »

Brent J Huff
Brent J Huff answered on Oct 23, 2019

The prosecutor can charge whatever they want, but they would likely drop the registration charge in exchange for a guilty plea. You need to show up at court with an attorney who can negotiate with the prosecutor and who can look at the evidence. If there is a way to fight the case, don't lie down... Read more »

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1 Answer | Asked in Landlord - Tenant for Utah on
Q: I am interested in signing a 2-3 year lease. I would like to pay it in full, can that be done?

I know some states have a limit on how much advance rent a landlord can collect. Does Utah have any such rules if I wanted to pay either the full 2-3 year lease at the beginning, or pay each year in full. Are there any downsides as a renter to do that?

Brent J Huff
Brent J Huff answered on Aug 21, 2019

I would not advise it for the same reason I would not buy a ring on a first date. Landlord-Tenant relationships sometimes go south or simply must end for various reasons. Further, when landlords have money in hand, they tend to pay less attention to their obligations.

4 Answers | Asked in Criminal Law for Utah on
Q: Is it advisable to bring my paper to read my "testimony" off of? Or does that make for irrate judges?

This is for a second degree felony drug charge, I was offered a third degree felony and they would take off the DUI. i am shooting for a Class A misdemeanor with the DUI. I am a freelance writer, the "letter" is very proper in manner, persuasive yet honest. Court makes me nervous at times which... Read more »

Brent J Huff
Brent J Huff answered on Aug 21, 2019

If you are trying to get a better offer, it is the prosecutor rather than the Judge who you must convince. Thus, reading a letter in court is unlikely to be the best way to persuade the prosecutor. I generally advise clients to not talk, send letters, or otherwise communicate with the prosecutor... Read more »

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3 Answers | Asked in Criminal Law and Real Estate Law for Utah on
Q: How do i prevent someone from coming onto my property when they have been verbally instructed not to but still do.

There has been physical altercation between the individual and one of the residents as well. Despite numerous times of being told to not come onto our property or into our home the individual has continued to do so. It is the boyfriend of one of our children. Neither are residents.

Brent J Huff
Brent J Huff answered on Aug 21, 2019

It might be a good idea to send them a formal letter telling them that they are not welcome on your property and that you are "trespassing" them from the property. Of course, as long as daughter is dating this person, it may be impossible to keep them from affecting your life.

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2 Answers | Asked in Criminal Law for Utah on
Q: What's the statue of limitations?

I went to a grocery store in 2013 and they accused me of stealing some pens but they just said to leave and to never come back which I didn't until today so can the company still file charges even though it's been so long?

Brent J Huff
Brent J Huff answered on Aug 11, 2019

2 years for a misdemeanor. 4 for a felony. So the theft allegation from 2013 would be past the statute. However, a trespass charge could be filed for returning.

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1 Answer | Asked in Criminal Law for Utah on
Q: Can I get charged post fact?

I let my friend drive my car to pick me up from a party. I was extremely intoxicated. He got pulled over and had weed in the car. He claimed ownership over it and let the officer know it was his. The officer gave him a possession charge. My question is can I get charged after the fact as it was my... Read more »

Brent J Huff
Brent J Huff answered on Jan 21, 2019

Technically, yes. However, the facts as you have provided them might not create probable cause to charge you with possession. The existence of weed in your car without you, does not on it's own, meet the definition of the crime. With that said, if the prosecutor's office has reason to believe... Read more »

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