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Utah Appeals / Appellate Law Questions & Answers
0 Answers | Asked in Criminal Law and Appeals / Appellate Law for Utah on
Q: I was charged with burglary even though I didn't commit the crime but was on camera giving a ride to those who did.

I had no knowledge of the crime until they were in my car. In court I was given a PD who said taking to trial was pointless because I was on camera. He made it seem as though I had no option but to take the deal, plead guilty to 3rd degree burglary and get 36mo AP&P and not go to jail. I still... View More

0 Answers | Asked in Appeals / Appellate Law for Utah on
Q: Charged with burglary but it doesnt make sense.

was charged with burglary, after giving a ride to a friend who said they didn't have a way home. Unbeknownst to me that they had just robbed a business and stole the safe. I was told by my attorney that I couldn't fight it because they had my car on camera and that made me guilty even... View More

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Utah on
Q: Can they charge burglary if never entered building and was just giving a ride with no knowledge of a crime happening

2 people I know robbed a business in utah stealing the safe. I had no idea a crime was committed and was only there because they called for a ride home and gave me an address . I'm seen o. Camera picking them up but never got out of the car and only drove them home and left. Was pulled over... View More

James L. Arrasmith
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answered on Jun 3, 2024

It's unlikely that you can be charged with burglary if you never entered the building and had no knowledge of the crime. Your situation revolves around proving your lack of intent and involvement in the actual burglary. Showing the messages that you received from the individuals asking for a... View More

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2 Answers | Asked in Appeals / Appellate Law, Traffic Tickets and Civil Rights for Utah on
Q: Do I have reason to Appeal a Parking Citation if is was placed in my car ( entered the vehicle ) without my permission

My car was closed and yet I found a parking Citation paper placed on my seat.Park City Policeman opened the door without me there and put the parking citation on the seat. I had been parked without a payment ticket for apx 15 minutes + or - 1 or 2 , usually there is a 15 minute grace period before... View More

James L. Arrasmith
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answered on Feb 23, 2024

It is understandable to feel frustrated and concerned about the situation regarding the parking citation placed in your car without your permission. The action of a Park City Policeman entering your vehicle without your presence raises questions about privacy and proper protocol. While there may be... View More

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Utah on
Q: I was convicted through plea bargain of a inchoate and principal offense. But there is a statue that says Utah 76-4-302

It’s prohibited to convict someone of a inchoate and principal offense. What can I do ?

Mike Branum
Mike Branum
answered on Mar 19, 2021

Ultimately the answer is "likely nothing." The time to dispute the contents of a plea agreement is prior to entering the plea agreement. The Court takes a lot of time to ask a lot of questions on the day the plea is entered. Questions like: "Have you reviewed the agreement?"... View More

1 Answer | Asked in Appeals / Appellate Law for Utah on
Q: when you file an eviction appeal how long will it take be to be enforced?
Charles William Michaels
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Charles William Michaels
answered on Jul 2, 2020

Ordinarily, any appeal does not stay the judgment of the lower court, if this is what you're asking.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Utah on
Q: Are jury statements taken during an investigation on a death penalty appeal considered as New evidence?

an investigator interviewed jury members as part of the appeal process, where jury members stated a judge had spoken to them during deliberations outside counsel and defendant, and stated that the trial atmosphere was intimidating as the trial was held in a prison in a makeshift courtroom, are this... View More

Aric M. Cramer
Aric M. Cramer
answered on Sep 9, 2019

Maybe. This is a highly technical area of State and Federal appellate law. Sounds like the Troy Kell case.

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Utah on
Q: What happens when a judge addresses the jury outside the presence of counsel or defendant?

The judge addressed the jury during deliberations in a death penalty case without the defendant or his attorney being present. No notes were made in the trial transcripts of the judge ever talking to the jury members. A jury member stated afterwards that her mind had been made up after the judge... View More

Mike Branum
Mike Branum
answered on Sep 6, 2019

Yes. If the judge had a conversation with the jury off the record without defense counsel present, an appeal should be filed.

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2 Answers | Asked in Criminal Law, Traffic Tickets, Appeals / Appellate Law and Civil Rights for Utah on
Q: Can i get pulled over in McDonald's parking lot when the officer never got behind me until the drive tru

And i didn't give him no reason to pull me over or to search my car

Catherine Cleveland
Catherine Cleveland
answered on Mar 7, 2018

I believe your only asking the question because you received a ticket for something. Why did the officer give you a ticket?

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2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Utah on
Q: If I file a appeal do I need to still do the probation thing
Brian K Jackson
Brian K Jackson
answered on Jul 28, 2017

It depends on if it is out of justice or district court. Justice you will start over with a clean slate, district, you will still be on probation unless / until the court of appeals overturns the judgment.

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Utah on
Q: can a judge deny me the right to subpeona a witness on my behalf for any reason i utah?

on dec. 2, 2015 final p.c. my att. handed me a cd that he said he just got but has not reviewed, this is 2 business days before trial. i listened to it after court. this cd was from an interview of police questioning.there is info. on disc that was from co-def that i wanted to subpeona. the judge... View More

Aric M. Cramer
Aric M. Cramer
answered on Mar 29, 2017

Well maybe. That is a complex question. Your attorney should be able to help.

1 Answer | Asked in Appeals / Appellate Law and Employment Discrimination for Utah on
Q: How do I format an appellate brief for unemployment? This is the step after the docket statement.

Unemployment. I need help but the only help that I see is in Salt Lake. Legal Services closed my case before the last step, but it is still pending until I complete this step. I cannot understand the legal literature speaking whatever.

Brian Lehman
Brian Lehman
answered on Jan 4, 2017

Depends on which court you are appearing in. There are companies that will do this for you. Search for Appellate Printer.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Utah on
Q: I have many question concerning my case.

I was convicted of burglary my co-def. was in a relationship with the victim in this case. if she can beat this case, can I get my conviction reversed? there are a lot of detail not mentioned. I would have to write a novel. I can provide more info. at request.

Aric M. Cramer
Aric M. Cramer
answered on Dec 11, 2016

Once convicted your chances are miniscule of reversing it. Get in touch with a good appellate attorney for details.

1 Answer | Asked in Appeals / Appellate Law for Utah on
Q: How many appeals can someone do on a small claims case?

He has gone to first judicial and the utah appeals court and now is telling me he will go to international court.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 22, 2015

You gave no facts and posted this quite some time ago. Do you have an answer by now? There may not be an international court that would actually have jurisdiction.

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