Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Lance E. Bastian
1 Answer | Asked in Criminal Law for Utah on
Q: Why would a bail/bond hearing be scheduled after someone was released from jail?

My husband was arrested for assault and DV in the presence of a child and posted bail the next day. He violated the no contact order by coming back into the house right after being released. He now has a bail/bond hearing, but I thought that was so a judge could determine bail.

Lance E. Bastian
Lance E. Bastian answered on Aug 9, 2021

You're correct in that a bail/bond hearing is generally to determine bail, which includes setting, lowering, raising, and revoking it. The issue here is that your husband violated the terms of his release, so the hearing is more than likely based on a motion by the prosecution to determine... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: What is the statute of limitations for providing shelter to a runaway
Lance E. Bastian
Lance E. Bastian answered on Jul 28, 2021

The Utah statute of limitations for a class B misdemeanor (which is what providing shelter to a runaway is) is generally two years. I say generally because the running of the limitations period can be tolled (or paused) if and during which the accused leaves the state. It is also important to note... Read more »

2 Answers | Asked in Criminal Law for Utah on
Q: I have proof of my ex wife threatening to beat up and/or kill my significant other and find my kids. What should I do?

What should I do with that information?

Lance E. Bastian
Lance E. Bastian answered on Jul 26, 2021

You should call the police in the jurisdiction where the threats were made or received and provide what you have to them. They will assess the credibility of the threats and whether action can and should be taken against your ex.

View More Answers

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??

Lance E. Bastian
Lance E. Bastian answered on Jun 30, 2021

I agree, at this point, that he should not speak with law enforcement. These cases are nuanced and complicated, and he needs an attorney who has experience with serious sexual allegations in his corner. It may be that working with law enforcement ends up being productive, though, as it can... Read more »

View More Answers

1 Answer | Asked in Criminal Law, Animal / Dog Law and Civil Litigation for Utah on
Q: Are there any legal recourses against pet care-giver who gets your pet high, allows it to swallow pot almost killing pet

We dropped off our very small dog to a care-giver supposedly vetted by a larger company (like an air bnb - you find a care-giver in your area with ratings or close by). When we went to pick him up he was extremely lethargic. Care-giver said he was just tired. It didn't make sense. Our dog was... Read more »

Lance E. Bastian
Lance E. Bastian answered on May 26, 2021

With respect to the criminal side of things, you just need to call the police in the jurisdiction where the abuse took place. They will take the information you have and investigate further, as needed. As to the civil side, this case would probably come down to the value of the claim. Assuming the... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: Is the good samaritan law differ from someone calling for a well fare check, where the caller of the check is protected

I was sitting in my vehicle sleeping outside my ex-girlfriend’s house. I woke up and saw four police officers approaching the vehicle, one of the officers asked me to roll down my window. (I replied to him my car is turned off) He then asked me to get my keys and put in the ignition to roll down... Read more »

Lance E. Bastian
Lance E. Bastian answered on Apr 14, 2021

Utah's Good Samaritan Law is different from its welfare check provision, though based on the information you've given, neither appear to apply to this situation. The Good Samaritan Law has to do with a bystander rendering emergency medical aid at the scene of an accident, and it... Read more »

2 Answers | Asked in Criminal Law for Utah on
Q: What are the fines for interfering with an arrest
Lance E. Bastian
Lance E. Bastian answered on Mar 23, 2021

The standard (and maximum) fine for this offense, which is a class B misdemeanor, is $680. However, Utah courts also, as a matter of course, add a 90% surcharge to such fines. Depending on the circumstances, the fine can often be negotiated to something lower and dropping the surcharge. If that... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.