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Questions Answered by William Melton
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... View 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... View 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... View 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,... View More

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1 Answer | Asked in Child Custody for Utah on
Q: Does a verbal custody agreement hold any weight in the state of Utah?

The father has had my fiance's daughter for the past two weeks and today at a hearing the judge said they were to go back to the original custody agreement. The father is now refusing to let my fiance come get her daughter. The police refuse to get involved. How can my fiance get her daughter back?

William Melton
William Melton
answered on Jun 17, 2020

Your question is a little confusing. You ask if a verbal custody agreement colds any weight, but then you state that the judge instructed you to go back to the original custody agreement. That agreement would be in writing. To answer the last part of your question is that (assuming there is a... View More

1 Answer | Asked in Insurance Defense and Traffic Tickets for Utah on
Q: What should I do about my no insurance ticket?

On January 1, 2018 I got pulled over for my license plate light being out... but ended up with a no insurance ticket and an impounded car. I was 16 when this happened and my mom was paying the insurance. (I’m 19 now) The officer said the insurance was expired, but I have proof I had insurance on... View More

William Melton
William Melton
answered on Jun 17, 2020

Without knowing all of your facts, it sounds like the court revoked your plea in abeyance. If you are still going to court I would ask the prosecutor what the status of your plea in abeyance is. See if the court would be willing to reinstate it (it is a long shot given how old the ticket is). But... View More

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Utah on
Q: My daughter is in prison and needs a lawyer for custody case. She asked me to find her a pro bono lawyer and Im looking

For info on how to go about this?? Thank you

William Melton
William Melton
answered on Jun 17, 2020

You can contact the Utah State Bar. They have resources to direct you to legal help. Also, you can contact the Utah Legal Aid Society. They will be great resources.

1 Answer | Asked in Divorce and Family Law for Utah on
Q: I just received a judgment from the State of Utah on my ex husband. Is there a way to obtain this without an attorney?
William Melton
William Melton
answered on Jun 10, 2020

Are you just looking for a copy of a judgment? Send me an email so we can talk. William@melton.law

1 Answer | Asked in Divorce, Civil Litigation, Civil Rights and Domestic Violence for Utah on
Q: I need a lawyer criminal divorce and 2civil case, I'm disabled and need one that will work with me on the fees

St. George ut.

William Melton
William Melton
answered on Jun 10, 2020

Send me an email and I would be happy to talk to you about your case. William@melton.law

1 Answer | Asked in Criminal Law for Utah on
Q: If someone takes my legal property in their house, I'm a resident there, and refuses to return it, is that theft?
William Melton
William Melton
answered on Jun 10, 2020

Most likely, it is always difficult to give a yes or no answer because so many things in the law are fact specific. But when someone takes your property and refuses to return it that is considered theft.

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