Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Brent J Huff
1 Answer | Asked in Criminal Law for Utah on
Q: Dear Sir or MadamI have a question about the admissibility of evidence.

I understand that evidence obtained illegally by a private person is admissable but if it was an illegal search by the government or initiated by the government it's not admissible.

Now, in case evidence was obtained illegally by a private person, but there's reason to believe... View More

Brent J Huff
Brent J Huff
answered on Mar 25, 2021

It Depends. Ultimately it depends on what the Judge believes. What the Judge believes will depend on the facts of a particular case and how well those facts and the relevant law are argued to the Judge by an attorney. For a judge to determine that evidence was obtained in violation of a... View More

2 Answers | Asked in Criminal Law for Utah on
Q: What are the fines for interfering with an arrest
Brent J Huff
Brent J Huff
answered on Mar 25, 2021

The maximum fine for a Class B Misdemeanor is $1900 ($1000 + 90% surcharge). (https://www.utcourts.gov/howto/criminallaw/penalties.asp). However, Judges rarely order people to pay maximum fines. For example, a DUI conviction as a Class B Misdemeanor, requires a judge to order around a $1500 fine.... View More

View More Answers

1 Answer | Asked in Criminal Law and Immigration Law for Utah on
Q: Can you be held in county jail on federal hold with no charges?

My sister is being held at Salt Lake County Jail and has two holds one is a US Marshals federal hold and the other an immigration hold. She has only had one court date even thought she has been incarcerated since August. She has had a lawyer come see her twice in 6 months whom claims is a private... View More

Brent J Huff
Brent J Huff
answered on Jan 22, 2021

It sounds like your sister may be dealing with a federal case. Federal cases tend to move slowly; it would not be unusual for a person to have initially appeared before the court in August and to not have had another hearing. By calling an attorney with access to the federal and state systems, you... View More

2 Answers | Asked in Criminal Law for Utah on
Q: If I successfully complete my plea in abeyance, will the misdemeanor A still show up on a background check?
Brent J Huff
Brent J Huff
answered on Aug 5, 2020

Nope, that's the point. However, it will show that you were charged until you expunge the case. Once you get done, contact an attorney to expunge record all together.

View More Answers

2 Answers | Asked in Contracts, Criminal Law and Civil Rights for Utah on
Q: I was protesting recently and got arrested and charged with indecent public display.

Currently I work as an exotic dancer and I am licensed with an SOB license. If I go in front of a judge and am found guilty of this, would that revoke my license, I can't find anything online regarding it, it says I need to tell them any past arrests but not what would revoke it. I can't... View More

Brent J Huff
Brent J Huff
answered on Jun 17, 2020

I agree with Ian, Talk with as many Attorneys ASAP. Find one with connections with the Prosecutor's office which has charged you and one that is willing to deal with the license issue. Good luck!

View More Answers

1 Answer | Asked in Family Law, Criminal Law and Juvenile Law for Utah on
Q: Our13 year old son (who we’ve adopted out of foster care at age 5) has raped our two daughters age 10 and 3.

He has been charged with 21 counts of rape and sodomy between the two victims. County attorney representing my daughters states he will most likely get 6 months or less of treatment/incarceration. He has already admitted to his crimes to police. County attorney is going to reduce charges to gain a... View More

Brent J Huff
Brent J Huff
answered on Apr 1, 2020

You can hire an attorney, in Utah victim's of crimes have a right to be heard. One thing you should know is that the juvenile justice system sentences offenders for different purposes that adults. In the District court, a criminal sentence is meant to serve retribution or punishment among... View More

2 Answers | 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))... View 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.

View More Answers

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... View 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.

View More Answers

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.... View More

View More Answers

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... View 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... View 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,...
View More

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... View 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... View More

View More Answers

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....
View More

View More Answers

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... View 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... View 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.

View More Answers

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... View 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... View More

View More Answers

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... View 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... View More

View More Answers

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.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.