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Questions Answered by Stephen Howard
1 Answer | Asked in Real Estate Law for Utah on
Q: Can the owner of his own property be charged with trespassing when he enters his own lot or his own home?
Stephen Howard
Stephen Howard
answered on Jan 11, 2011

Odd as it may sound, it is sometimes possible to be charged in Utah with trespassing on your own property.

For most property offenses (theft, criminal mischief, etc.), the statutes refer to "property of another." Trespass, on the other hand, refers simply to entering or remaining...
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1 Answer | Asked in Criminal Law for Utah on
Q: Bob is accused of criminal mischeft for PURPOSLY breaking a window while intoxicated when he doesnt remember doing it

Can bob get off on a technicality? dont they have to prove that he did it on purpose or it doesnt count.

Stephen Howard
Stephen Howard
answered on Jan 11, 2011

In Utah, criminal mischief is usually charged where a person person "intentionally damages . . . the property of another." Whether the damage was done "intentionally" can be up to a jury to decide. The fact that a defendant can't remember what happened could actually work... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: I lent my sister certain items. when asked for said items she refused to return them. what should i do

I lent her the items while i was on my 2 year Mormon mission. i have since returned and asked for them back, but she refuses to give them up, saying that "I gave them to her". some of the things that she has she didn't have permission to have in the first place. what should i do in... Read more »

Stephen Howard
Stephen Howard
answered on Jan 7, 2011

Theoretically, you could sue her in small claims court (assuming these are not very valuable items), or you could call the police and report the items as stolen. Whether you succeed in court would depend in part on who a jury or judge believed. If the jury/judge believed her when she said that... Read more »

1 Answer | Asked in Juvenile Law for Utah on
Q: Should we fight a disorderly conduct charge?

The school questioned my child about a fight at school and they listed her as a witness and now she is being charged with disorderly conduct for knowing the fight was going to happen and not advising the staff. Can the court use the statement she gave the school?

Stephen Howard
Stephen Howard
answered on Jan 7, 2011

Merely knowing about someone elses crime does not make you guilty of that crime. Based on what you have said, I think the only real risk would be if it turns out that she not only knew about the fight, but had somehow encouraged the fight, egged the other kids on, or was somehow involved more than... Read more »

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