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Questions Answered by Ian Quiel
1 Answer | Asked in Criminal Law for Utah on
Q: Recently applied for expungement and received a denial letter. Says 77-40-105(5)(C) can anybody explain?

77-40-105(5)(c)4 or more convictions that include 3 class b misdemeanors. This was the reason I was denied expungement. Is there anything else I can do? These charges are preventing me from getting a decent job and they are all over 5 years old.

Ian Quiel
Ian Quiel answered on Jul 12, 2020

Depending on your history, you could file motions in those class B cases to reduce them to lower level offenses and become eligible for expungement. It’s called a 402 reduction. An attorney could definitely help with this and might be preferable, as this involves a lot of paperwork and court... Read more »

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... Read more »

Ian Quiel
Ian Quiel answered on Jun 2, 2020

The answer would depend on which municipality issued your SOB license. It also depends on what exactly you are being charged with. An arrest or conviction could possibly impact your license. You should contact an attorney immediately if you have been charged in connection with the recent protests.... Read more »

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1 Answer | Asked in Criminal Law for Utah on
Q: PO Violation due to COVID: Had to violate No Contact PO due to exposure of minor son to COVID.

My ex has a baseless No Contact PO against me. I was sick with several COVID symptoms. While infectious I had visitation with my minor son. I was worried for their whole household. It seemed like exigent circumstances. I told my son who was afraid to tell his mom. I sent her a brief text... Read more »

Ian Quiel
Ian Quiel answered on Jun 2, 2020

Based on these facts, you could have an excellent defense. If your only communication was regarding a potential emergency (exposure to COVID-19), I suggest hiring an attorney to explain this to the DA and fight the case, if necessary.

2 Answers | Asked in Domestic Violence for Utah on
Q: What can happen if you were arrested for DV-Assault-Simple and intoxication?

Both parties participated in a physical altercation but only one was arrested.

Ian Quiel
Ian Quiel answered on Mar 3, 2020

The DV assault is likely a class B misdemeanor, carrying a possible 180 days in jail. The Intox is likely a class C carrying a possible 90 days in jail. Beyond that, if the assault is charged as domestic violence, that carries a number of collateral consequences. If you are convicted, you would be... Read more »

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