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Questions Answered by William Melton
1 Answer | Asked in Criminal Law and Divorce for Utah on
Q: In Utah: Dvrce pndng in MT, X tells my son has a Court Order to take a truck owned b4 we were married - criminal?

RECORDED claiming she has a Court Order (ridiculously false) to take a truck originally titled to my dad, changed to me b4 marriage, she knows I've put $thousands in it, just painted it and am I'm selling it - and makes this claim. Attempted theft by deception?? What about claiming a... View More

William Melton
William Melton
answered on Sep 16, 2022

You should report it to law enforcement. I suspect they will tell you it's a civil matter(it's not, but that's how they get out of dealing with it), but I would still make the police report.

2 Answers | Asked in Criminal Law for Utah on
Q: Can a third degree felony of disarming a peace officers energy device be expunged?

Can a Class A misdemeanor of simple assault on a peace officer be expunged?

William Melton
William Melton
answered on Aug 11, 2022

Yes, it can.

Here is BCI's website with some information on expungements.

https://bci.utah.gov/expungements/

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3 Answers | Asked in Criminal Law for Utah on
Q: Can a judge grant you an early dismissal with a Plea and Abeyance?

Meaning if your Plea and Abeyance said 18 months can a judge dismiss your case and the charges after only 6 months if you have completed all other required terms?

William Melton
William Melton
answered on Aug 8, 2022

Yes, it is possible. However, it is unlikely. Your best chance is to get the prosecutor to stipulate first and then ask the judge to do it. I've done this many times.

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1 Answer | Asked in Criminal Law and Domestic Violence for Utah on
Q: Can a plaintiff without representation request a plea in abeyance from an attorney? What would they need to provide?
William Melton
William Melton
answered on Jul 26, 2022

The plaintiff is the city/state that is prosecuting you. You would be the defendant. You can always represent yourself and contact the prosecutor to see if they will offer you a plea deal (a plea in abeyance is a type of plea deal).

1 Answer | Asked in Traffic Tickets for Utah on
Q: I was got a speeding ticket in utah driving at 27mph over speed limit on a 65mph road. Can i get it dismissed?

The cops says he caught me on radar going 31mph over the limit. I was pretty sure I was going around 90 which is 25mph over the limit. There were no cars on the road & it was downhill.

William Melton
William Melton
answered on Jul 15, 2022

It is unlikely that your ticket will get dismissed. There is a huge push right now, especially by highway patrol, to catch and ticket high speed violators. Most troopers aren't cutting any sort of breaks. There are some ways to fight traffic tickets, but a lot of the time we are able to... View More

1 Answer | Asked in Criminal Law for Utah on
Q: Charge is Possession of a credit card. It was found in my bosses vehicle and I was charged

I was taking a nap in the vehicle when a cop showed up . Keep in mind we’re at my work property, the cop knocks on the rear passenger window and says we got a call on a dog in the back of a vehicle.

William Melton
William Melton
answered on Jul 7, 2022

There isn't enough information here. What is your question? You should contact an attorney directly for assistance. If you have been charged with a crime and cannot afford an attorney the court will appoint one for you.

1 Answer | Asked in Traffic Tickets for Utah on
Q: If a cop is from another city and pulled you over, but did not get approval from the city where the stop happened

is it an automatic dismissal? 77-9-3 2a

William Melton
William Melton
answered on Jul 6, 2022

No, a cop has jurisdiction all over the state.

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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More

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