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Questions Answered by William Melton
1 Answer | Asked in Criminal Law for Utah on
Q: In Utah is there a certain amount of time in which you must be sentenced???on a Misdemeanor- case???

I pled guilty to a possession pf controlled sub for marijuana and a shoplifting sheilding devices charge on 3-3-2020. The judge ordered a pre sentence report, sentencing was to be 50days after 3-3 The court rescheduled it, but I never received the notice because someone sent it back as not at this... View More

William Melton
William Melton
answered on Dec 11, 2023

No, there isn't a certain amount of time. However, you have been sentenced. The judge sentenced you to jail, but you have been a fugitive. You should consult with an attorney to help you finish the case. If you've stayed out of trouble they may be able to use that to help with your sentencing.

1 Answer | Asked in Traffic Tickets for Utah on
Q: Utah-My son is fighting a ticket for failure to obey traffic control device, fighting it, additional charges added

My son is fighting a ticket for failure to obey traffic control device. He is fighting it and the city has now added 2 additional charges that weren’t originally cited. Why?

William Melton
William Melton
answered on Jul 13, 2023

It is a common practice for prosecutors to add charges that were given as a warning when someone fights their ticket. Sort of a way to strengthen their position. The prosecutor is ultimately the one who decides what charges are filed so they have the power to add or remove whatever charges they... View More

2 Answers | Asked in DUI / DWI for Utah on
Q: I received a citation/summons for my first DUI last night. Will I lose my license?

I apparently drove my vehicle into a ditch and was unresponsive but don’t remember the events in question.

William Melton
William Melton
answered on Feb 25, 2023

Yes, when you get a DUI it starts an automatic driver license suspension in 45 days. You can request a hearing to try and stop it. You only have 10 days from the date of DUI to request the hearing from the DLD. You should consult an experienced DUI attorney for help. DUIs are complicated and have... View More

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1 Answer | Asked in Criminal Law and Juvenile Law for Utah on
Q: I pressed charges for finding marijuana in my son's(15) but now 2 days later I am dying with regret. Can I drop those?
William Melton
William Melton
answered on Jan 8, 2023

No, you can't. It is a common misconception that the person who reports something to the police is "pressing charges." That is now how it works. You may report the case, but one you do it is out of your hands. The government (the prosecutor) is always the one who brings the charges.... View More

1 Answer | Asked in Traffic Tickets for Utah on
Q: If I’m driving in city A with no headlights can city B pull me over and have the case held In city B court.

Didn’t/wasn’t driving in city B when the offense happened

William Melton
William Melton
answered on Dec 6, 2022

Police officers can pull you over in any city. They are not restricted to "their" city for jurisdiction. However, if they pull you over in another city, the case would be in that other city. This is a slightly more complicated answer, because there may be times when that can happen. It... View More

2 Answers | Asked in Criminal Law for Utah on
Q: My husband hit my ex’s car window, now he’s being charged with disorderly conduct. Is getting an attorney worthwhile?

I was trying to speak to my ex husband about our children, and he disrespectfully rolled up his window while repeating, “I don’t care.” My husband approached the vehicle. He slapped the car window (open palm) to get my ex’s attention and asked him to listen to me. My ex then rolled the... View More

William Melton
William Melton
answered on Nov 25, 2022

It is always a good idea to consult with an attorney. Disorderly conduct can be charged as an infraction or as a misdemeanor. You should definitely at least speak to an attorney so they can advise your husband on the potential penalties of the charge. Having the disorderly conduct could come back... View More

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1 Answer | Asked in Traffic Tickets for Utah on
Q: I receive a speeding ticket in UT for driving 92 in a 70 mph zone. I live in CA. Can I contest without court appearance?

I would like to dispute the ticket as I don’t believe I was driving that fast and was going with the flow of traffic. Is there a way to dispute or dismiss a ticket without appearing at court?

William Melton
William Melton
answered on Nov 20, 2022

Many courts are still allowing people to appear by video when they live out of state. You can either contact the court and see if they'll allow you to appear by video. Or, you can contact an attorney in Utah who handles traffic tickets to assist you.

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Utah on
Q: I was stereo typed, passing this cop, he flipped around as i pulled into my trailer park which is posted no trespassing

Our lots are owned by the people not rented. He sped up im already around the corner and pulled up to my house. Flips his lights. He asks for my info and pulled me out of my truck. Doesnt say or ask anything takes his dog and goes right in my truck. Can he do that? Im asking him hey where is your... View More

William Melton
William Melton
answered on Nov 18, 2022

You need to contact an attorney to review and assist you in your case. You need an attorney. Do not speak to anyone about the case and consult with an attorney. Based of what you're saying there are likely many issues with the officers conduct, but until an attorney looks at all the police... View More

1 Answer | Asked in Traffic Tickets for Utah on
Q: I received a speeding ticket for going 73 on a 50. I’m only 17. Can I get points reduced so my license isn’t suspended?

I received a ticket for going 23 mph over, which will result in 75 points on my record. I’m under 21 which means I can only have 70 points on my record. What can I do to reduce points so I don’t have my license suspended? I have a clean driving record prior to this incident.

William Melton
William Melton
answered on Nov 6, 2022

You contact the prosecutor to see if they will reduce the speed or allow you to complete traffic school. You can also contact an attorney to help you. Speeding tickets are only infractions so the court won't appoint you an attorney.

3 Answers | Asked in Criminal Law and Personal Injury for Utah on
Q: I got into a situation defending a friend that was being beaten up I have charges being filed on me

I was visiting a friend and there was an argument between us and the neighbors . My friends boyfriend went outside and the neighbors started physically assaulting him. I went put to help him and one of them hit me from behind in the eye with a weapon. All of a sudden I hear gun fire and I pull... View More

William Melton
William Melton
answered on Aug 29, 2023

You contact an attorney immediately. It sounds like you are dealing with extremely serious charges. Contact an attorney for help. Do not talk to anyone about the case. Especially police.

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1 Answer | Asked in Traffic Tickets for Utah on
Q: Officer issued a ticket for the wrong city. The judge dismissed it. Can the correct city pick it up.

If so, how do I know they will? Is there a grace period?

William Melton
William Melton
answered on Mar 22, 2023

The correct city could re-file the ticket, but it's unlikely that they will even know about the citation. They have up to a year to file it.

1 Answer | Asked in Criminal Law and Traffic Tickets for Utah on
Q: Hello, my question is ways that i can get my charge of possesion of a controlled substance dissmissed or reduced in utah

An officer from a neighboring city got behind me and followed me untill i reached my city for no reason he pulls me over. His reasons were made up and in my discovery he dont give any probable cause reason on why he began to follow me on the highway. ive done some research and believe theu were... View More

William Melton
William Melton
answered on Feb 13, 2023

You need to hire an attorney. Criminal law is extremely fact specific and you need an attorney to review your case and probably file a motion to suppress.

1 Answer | Asked in Traffic Tickets for Utah on
Q: I was issued a speeding ticket on I 15 , the police officer was in an unmarked car .

He didn't have radar, he said he paced me . Gave me a ticket for 25 over. Is it possible to have prosecutor lower the speed?

William Melton
William Melton
answered on Dec 22, 2022

Yes, but it depends on the prosecutor/jurisdiction where you got the ticket. Also, just so you know pacing is a pretty common way for an officer to get your speed.

2 Answers | Asked in DUI / DWI for Utah on
Q: I have a appointment with the DMV for my licence because of a driving with metabo in my system. What am i supposed ……

What am i supposed to say? What do i want to avoid saying? I wasnt high driving there was just drugs in my blood i was on lunch from work….

William Melton
William Melton
answered on Nov 19, 2022

You don't say anything. You need to hire an attorney. I never have my clients testify at the DLD hearing. You need to hire an attorney to assist you. DUIs are complicated and you are going to end up hurting your case.

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1 Answer | Asked in Traffic Tickets and Criminal Law for Utah on
Q: I got pulled over for reckless driving going 108 but I had an activate warrant for a citation I got transported to jail

These are fake answers from these attorneys to practice there line of work by taking advantage of situations don't let them fool you

William Melton
William Melton
answered on Oct 24, 2022

There isn’t anything you can do about the tow and impound fees. You need to contact an attorney who handles traffic cases to help you with the reckless driving. It’s a class b misdemeanor. They don’t seem like a big deal, but I’ve have clients tell me their insurance company dropped them... View More

1 Answer | Asked in Criminal Law for Utah on
Q: What happens if I’m facing a criminal charge but the officer didn’t put me into the actual report.

The officers police report states that the person being charged. Has the same name as me, but a different date of birth.

William Melton
William Melton
answered on Oct 3, 2022

You need to hire an attorney to represent you. If you cannot afford one, the court will appoint an attorney for you.

1 Answer | Asked in Traffic Tickets for Utah on
Q: I live in Utah but have an out of state licence. I was sited for doing 101 in a 70 on the i15.

I would like to minamize any points on my California record. Therefore is there any steps I can take at my court apperance in order to minamize any impact on my record. Also is there any way to convince the judge to knock the speed down.

William Melton
William Melton
answered on Oct 3, 2022

The judge doesn't have the ability to knock the speed down. Your best chance is to try and persuade the prosecutor to do it. You can reach out to them yourself or hire an attorney to assist you.

1 Answer | Asked in Criminal Law for Utah on
Q: (Utah) I was convicted of F3 Voyeurism, but I might be in a Catch-22 as far as post sentence relief.

I was released from prison in 2019. From my research, I can only qualify for SO Registry removal if my conviction was Misdemeanor Voyeurism and not Felony Voyeurism, however, since I'm on the registry I apparently don't qualify for a 402 reduction, and since I'm convicted of a felony... View More

William Melton
William Melton
answered on Oct 2, 2022

I haven't reviewed the statute on the length of registration for your offense, but assuming it is a 10 year registration (10 year from the end of probation) you cannot get a 402 reduction while you're on the registry. There is no exception to this. So you have to be off the registry... View More

2 Answers | Asked in Criminal Law for Utah on
Q: In utah during a search warrant do the officers need to be wearing body cams
William Melton
William Melton
answered on Sep 29, 2022

Aric is correct. Every police department should have a policy regarding body cameras. You should contact an attorney to represent you. They will know how to get the body cam and the police department's policy.

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1 Answer | Asked in Traffic Tickets for Utah on
Q: Im 17 and got a ticket in Colorado and I live in utah, can my ticket be taken care of over the phone?

I don't know if I have to show up in person to Colorado to get this taken care of or if I can just pay my fine over the phone? On the citation it says that a parent or guardian has to be with me in my "court date" The problem is my parents say they won't drive to Colorado with... View More

William Melton
William Melton
answered on Sep 28, 2022

You need to ask an attorney in Colorado to know for sure, but I think you can just pay the fine without appearing. Most states allow traffic tickets to be resolved without personally appearing. You should call the court directly and ask them. They may even have an option for you to... View More

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