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Questions Answered by William Melton
2 Answers | Asked in Criminal Law for Utah on
Q: My boyfriend hes being charged with burglary on 3rd degree with unlawful intry he being charged on a fingerprint only

They have him in jail since April 17 on a fingerprint his appointed lawyer don't help him he just wants him to sighn a paper to send him to prison I dont think he should be in there only for a fingerprint they have no other evidence against him hes not on camera they have no Witnesses the... Read more »

William Melton
William Melton
answered on Jun 27, 2022

As mentioned you should consider hiring an attorney if you do not feel he is being treated fairly. I'm sure there is more to the story, but if you hire an attorney they will be able to help.

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1 Answer | Asked in Criminal Law and Employment Discrimination for Utah on
Q: Is it illegal for a person to lie to police, in an attempt to have someone punished for crimes they didn’t commit?

It just seems like certain demographics of people are used to complaining and using the police to manipulate and get things they want. For example, someone accuses hotel staff for stealing there jewelry, in an attempt comp a free room or reimbursement. They then claim they saw a hotel maid wearing... Read more »

William Melton
William Melton
answered on Jun 20, 2022

The short answer is yes. Lying to the police is illegal and you can get charged with obstruction of justice. Lying to hotel staff is not lying to law enforcement (police).

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Landlord - Tenant for Utah on
Q: Is it ok that the state of Utah doesn’t have to prove intent to commit a crime, because they assume everyone lies?

I’ve spoken with multiple attorneys and they said that, in the state of Utah, it doesn’t matter. If you know the laws, because the courts in Utah believe that if they required intent, then everyone would just lie and say they didn’t know the laws.

Utah gets a lot of tourism, and... Read more »

William Melton
William Melton
answered on Jun 14, 2022

It depends on the law, but the overwhelming majority of crimes have an intent requirement that must be proven. There are some crimes such as DUI that are considered strict liability crimes and the state does not have to prove intent. I don't know what attorneys you're talking to, but I... Read more »

1 Answer | Asked in Traffic Tickets for Utah on
Q: Given a ticket for speeding on I15, officer didn't write my license info on the ticket, just my name. NY state. plead no

I was given a ticket for speeding on I15 , officer did not write my driver's license information, just my name, I have a NY state license. I want to fight the ticket for lack of information on the ticket and I went to court to dispute it for missing information on the ticket. Is it enough for... Read more »

William Melton
William Melton
answered on May 9, 2022

The short answer is no. There is a misconception that some missing or inaccurate information on a ticket is grounds to have it dismissed, but unfortunately that isn't the case. Any issues in the ticket can be fixed by the prosecutor and things like your driver license number are just ways to... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: Whyd you assume I just wanted to complain about loosing a case?

My attorney gave me empty promises told me a price then that price sky rocketed right after his promise fell through. He then told me if I go to treatment and and stay in contact with him I won't get a warrant well multiple rehabs and calling him withy case managers and talking to his clerk... Read more »

William Melton
William Melton
answered on May 8, 2022

I would suggest reviewing the agreement you signed with the attorney and seeing if they will discuss it with you. If they told you it would cost one amount and changed it it may explain why in the agreement you signed. It is impossible for anyone to explain why an attorney would have advised you a... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: I had a bad court experience and got told to get an attorney or go to the BAR and I want to know if it's worth my time
William Melton
William Melton
answered on May 8, 2022

You cannot go to the Utah Bar because you had a bad court experience. Attorneys have certain standards that they must follow for ethical and other reasons. The Bar oversees those ethical guidelines. They're not the attorney's supervisor that you complain to if you lost a case. If you feel... Read more »

1 Answer | Asked in Traffic Tickets for Utah on
Q: Is a traffic plea in abeyance in one city jurisdiction voided by a citation in another city jurisdiction?

My son received a speeding ticket in one city and entered in a 6 mo. plea and abeyance. A month later he received a speeding ticket in a different city. Will the second ticket void the first plea and abeyance or is it held separate by jurisdiction?

William Melton
William Melton
answered on Apr 13, 2022

Most likely yes. Any moving violation is likely a violation of the plea agreement, even if it occurred in another state. The question is whether or not the prosecutor discovers it. Typically they do, but I have seen cases where they don't see them if the case has not been resolved yet. It may... Read more »

1 Answer | Asked in Traffic Tickets for Utah on
Q: Can I get a reckless driving ticket if the police didn't witness the violation, it was called in by one person ?

I was driving a semi, The police followed me a few blocks and they said I was driving fine but still have me a citation and it's now going to trial cause the prosecutor won't budge!!

William Melton
William Melton
answered on Feb 2, 2022

Yes, you can. The police can cite you, but the individual who claimed to observe the driving would need to show up and testify at the trial to convict you. It sounds like you have a commercial driver license. There are federal laws that only apply to CDL holders and you should contact an attorney... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Traffic Tickets for Utah on
Q: I was pulled over for speeding in Utah. I am being charged with possession of marijuana and possession of paraphernalia.

I was pulled over going 90mph in a 70 zone. He smelled weed and told me he was going to search the car. I cooperated and set in his car while he & another officer searched. I had about an eighth of weed and a bong on my front passenger floor. I know I can be charged up to $1000 for each offense... Read more »

William Melton
William Melton
answered on Jan 30, 2022

Yes, you need a lawyer. A lawyer can review the case and first make sure that you don't have a defense. Then they can help you get the best possible outcome. You can actually be charged $1,000 plus a 90% surcharge on all class B misdemeanors. It is unlikely that they will do that, but... Read more »

2 Answers | Asked in DUI / DWI for Utah on
Q: I live in utah. I was pulled over for a dui, but was never told my rights as in the Miranda Law. Do the don't know t
William Melton
William Melton
answered on Jan 7, 2022

As Aric mentioned Miranda does not apply if they are not questioning you. It happens all the time that people get arrested and simply volunteer information. They sit in the back of the patrol car and confess or make incriminating statements. You should contact an attorney and tell ONLY them... Read more »

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2 Answers | Asked in Criminal Law for Utah on
Q: If I let a friend borrow my computer and then later found out that he pawned it and then lost it can I get it back
William Melton
William Melton
answered on Dec 13, 2021

You will need to file a police report and report it stolen in order to get it back. Your friend will be charged with a crime (likely multiple). If you don't want them to get charged I would suggested going to the pawnshop and purchasing it back yourself.

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2 Answers | Asked in Criminal Law for Utah on
Q: How would I go about finding more information about a newly issued warrant unbeknownst to my knowledge?

There is a case number and everything. What tools can I pursue in order to get more information about this?

William Melton
William Melton
answered on Nov 28, 2021

As Aric mentioned you need to hire an attorney. They will likely be able to arrange to have the warrant recalled and start collecting discovery to find out more about the case.

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1 Answer | Asked in Domestic Violence for Utah on
Q: Rights under restraining order

If a person has a restraining order against them and needs to recover personal property from the area such as a motorcycle. What legal recorce do they have to recover the property?

William Melton
William Melton
answered on Nov 23, 2021

You should contact the local police department and ask them to assist you in recovering property. Many times they can help facilitate that without having to go to court. If not, then you will need to request a hearing with the court that issued the protective order and ask for it to be amended to... Read more »

1 Answer | Asked in Traffic Tickets for Utah on
Q: How long after receiving a traffic ticket does an officer have to report it ?
William Melton
William Melton
answered on Aug 2, 2021

They don't have a specific time that they must report it. If they fail to do so within a certain period it could result in an issue with the statute of limitations. If the ticket was just a regular infraction they have one year to bring charges (submit the ticket, or have the prosecutor file... Read more »

3 Answers | Asked in Criminal Law for Utah on
Q: My husband has been accused of inappropriate behavior with a very close friends 17 year old daughter.

Police have asked for him to come answer questions??

William Melton
William Melton
answered on Jun 29, 2021

Do not speak to law enforcement. You need to contact an attorney immediately. These are extremely serious allegations.

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1 Answer | Asked in Criminal Law for Utah on
Q: How much to retain a lawyer for a third degree theft charge
William Melton
William Melton
answered on May 10, 2021

That depends on the lawyer. You should contact a lawyer directly. Most of us will do free consultations.

1 Answer | Asked in Traffic Tickets for Utah on
Q: In the state of utah can a state trooper / officer have a k9 sniff around your vehicle without probable cause

I got pulled over for my license plate lights being out

William Melton
William Melton
answered on Mar 29, 2021

This is a somewhat complicated answer. The short answer is yes. The US Supreme Court has said that a K9 sniff if your vehicle is NOT a search and therefor does not require any probable cause. Now, that being said, an officer cannot unreasonably delay the stop. So if he pulled you over for a license... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: * Possible penalties? 76-6-602 retail theft (3 counts) 58-37-8 (2)(A)(l) 58-37-8 (2)(H)(lll) 58-37A-5 (1

My son was arrested and has been charged with the above charges. He will have a Public Defender. Can you please give me an idea of minimum & maximum penalties he will be facing? Thank you ...

76-6-602 retail theft (3 counts)

58-37-8 (2)(A)(l)

58-37-8 (2)(H)(lll)

58-37A-5 (1)

William Melton
William Melton
answered on Mar 28, 2021

You didn't specify what degree his charges are. Assuming the thefts are class B misdemeanors then the maximum penalty is 180 days in jail and a $1,000 fine (per charge). The other code section you cited was the possession of a controlled substance code. His charges will depend on the drugs... Read more »

2 Answers | Asked in Criminal Law for Utah on
Q: De novo case on unclaimed felony Mislaid wallet in evidence, precedent case referral

In evidence unclaimed for +9 months w/zero conversion on additional 3 misdemeanor charges of 3 credit cards in wallet & 3&1/2 months served before plea of abbayance.

William Melton
William Melton
answered on Feb 26, 2021

It isn’t clear what you’re asking. Can you ask your question again?

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3 Answers | Asked in Criminal Law for Utah on
Q: was charged with possession 58-37-8(2)(D) and use or possession 58-37A-5(1) both misdemeanors. in SLC,UT what to expect?

what do I expect in court? I did exercise my 5 amendment.

William Melton
William Melton
answered on Dec 16, 2020

Possession is a simple class B misdemeanor. Your first hearing is an arraignment where you will just enter a plea (guilty or not guilty). I would suggest entering a plea of not guilty and contacting an attorney. Depending on your record the prosecutor will likely offer you some sort of plea deal,... Read more »

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