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Questions Answered by Lance E. Bastian
1 Answer | Asked in Criminal Law for Utah on
Q: Does this case cover a person who is on probation or parole?

My fiance was arrested with no new charges for absconding. Is there valid reason to search the vehicle? He was in my vehicle, and the vehicle was searched and then impounded, is the search a violation of rights?

Lance E. Bastian
Lance E. Bastian
answered on Mar 10, 2022

The short answer is: maybe. It depends on a several factors. First, when you say absconding, is that from probation or for failure to attend something pre-trial? If it's the former, it will depend in part on the language of his probation agreement. Second, if your fiance was the driver of the... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Utah on
Q: I thought I would have a trial after pleading not guilty but instead I'm facing disposition in court today. Why.
Lance E. Bastian
Lance E. Bastian
answered on Jan 31, 2022

It sounds like whoever set the disposition hearing was under the impression you were ready to change your plea. If you have been arraigned (which is to say you have formally entered a not-guilty plea), that would be the only reason to set it for disposition. Don't worry, though. Unless you go... Read more »

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Utah on
Q: CAN I USE ANOTHER STATE'S SUPREME COURT RULING IN MY STATE?

“But the interpretive rule of legislative acquiescence bars us from disregarding that body’s failure to amend the drug possession statute for the last 40 years.” - IN THE SUPREME COURT OF THE STATE OF WASHINGTON "...statute was unconstitutional, violating due process clause protections... Read more »

Lance E. Bastian
Lance E. Bastian
answered on Jan 31, 2022

The short answer is "yes." Prior precedent within the state is referred to as binding or controlling, as lower courts are required to follow it and appellate courts (simply put) would have to overrule it to depart from it. Authority from other jurisdictions is considered... Read more »

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2 Answers | Asked in Criminal Law and Civil Rights for Utah on
Q: Can cops write multiple warrents at my house at diff times in same day.

I was recently raided with a search for fire arms and electronic devices. While they were searching some of the officers seen allegedly other stolen items. The officers then got another warrent after searching house. Is that legal?

Lance E. Bastian
Lance E. Bastian
answered on Jan 31, 2022

As a general principle, that is completely legal. It's actually the best practice for the police. That being said, that does not mean the warrants can't be challenged for any number of reasons, but you're going to want an attorney to go over them and the surrounding circumstances... Read more »

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1 Answer | Asked in Criminal Law for Utah on
Q: If the statute of limitations has run can the police still arrest you?

My friend met up with some hookers 5.5 years ago in Salt Lake County and he worries he's going to get in trouble for it. I believe the statute of limitations In 2016 is 2 years for them to find out and press charges. Now 5.5 years later can anything happen to him?

Lance E. Bastian
Lance E. Bastian
answered on Jan 17, 2022

While you are generally correct that the statute of limitations in Utah for patronizing a prostitute is 2 years, there are a few important caveats to that. First, if your friend has prior convictions for the same thing or if the prostitutes involved were minors, it could be a third-degree Felony... Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Utah on
Q: Is disorderly conduct,(76-9-102) or,(76-8-5060), grounds for search warrant? Never charged for either.

This is Utah. I called police as i thought i had intruders in my home. they did a search and had me go to the hospital for a evaluation. They executed the search warrant to cover after i had left upon where they found illegal marijuana oil. They then got another warrant for that. The first warrant... Read more »

Lance E. Bastian
Lance E. Bastian
answered on Jan 17, 2022

There's quite a bit going on here, and I would need more information to really evaluate the situation. It sounds like during the initial sweep of the house for intruders, the police may have seen something that prompted them and gave them a basis to get the first warrant. You would need to see... Read more »

2 Answers | Asked in Criminal Law for Utah on
Q: Is there jail time with class b misdemeanor

Unlawfully provide shelter to a run away and interference with a peace officer

Lance E. Bastian
Lance E. Bastian
answered on Nov 4, 2021

The short answer is, "yes." There is always the possibility of up to six months in jail on a class B misdemeanor. The longer answer is that it depends entirely on the circumstances. Most class B's don't result in jail sentences these days, but the nature of the charges, the... Read more »

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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.

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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 »

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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 »

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