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Utah Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for Utah on
Q: Overall is unlawful the same as illegal? If not, why?

I'm trying to explain to someone that overall unlawful and illegal are synonymous and I figured I'd check if I am correct or not

0 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Utah on
Q: If you roofie someone then coerce them to drive on the highway to ensure they're driving when knocked out. What crime?

This happened to me.I have spent the last 12 years trying to get justice ever since. It's a disgusting abomination of justice I am determined to correct.

0 Answers | Asked in Appeals / Appellate Law and Criminal Law for Utah on
Q: How do I appeal rescind of parole utah

My son was terminated effective date came then that same night after business hours they violated him on someone telling them something that wasn't true it's been 5 and a half months and still haven't got an evidence hearing on allagations or to talk about termanation I have found... View More

1 Answer | Asked in Federal Crimes and Criminal Law for Utah on
Q: If I am 16 almost 17 and my bf is 18 almost 19 and we had sex and I got pregnant is there a way to keep him out of jail?

My parents knew about the whole thing they are okay with it. His parents think we only did it once can we just get married? It's utah law.

James L. Arrasmith
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answered on Jan 23, 2024

Based on the information provided, it seems unlikely your boyfriend would face legal charges in Utah, even though you are under 18. Here are a few key reasons why:

- Utah's age of consent is 16 years old. This means a 16 or 17 year old can legally consent to having sex with an adult,...
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2 Answers | Asked in Gov & Administrative Law, Criminal Law and Legal Malpractice for Utah on
Q: I asked my public defender to file a motion and a affidavit I wrote up.and he told me they don't do that. Is he correct

Or is he not

Catherine Cleveland
Catherine Cleveland
answered on Jan 9, 2024

Your attorney has no obligation to file the documents you drafted.

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1 Answer | Asked in Criminal Law, Communications Law and Internet Law for Utah on
Q: How do I report electronic harassment after multiple attempts to stop or block the harasser?

I've been contacted several times from the same person using several different numbers after blocking them each time that is harassing me claiming that I am someone else that they know that owes them a couple hundred bucks and is going to report them (me) to their commanding military officers... View More

James L. Arrasmith
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answered on Jan 14, 2024

To address this situation of ongoing electronic harassment, you should first document all instances of communication from the harasser. Even though you've deleted initial conversations, the screenshots and records of subsequent contacts are valuable. Keep a log of all interactions, including... View More

1 Answer | Asked in Criminal Law for Utah on
Q: In Utah is there a certain amount of time in which you must be sentenced???on a Misdemeanor- case???

I pled guilty to a possession pf controlled sub for marijuana and a shoplifting sheilding devices charge on 3-3-2020. The judge ordered a pre sentence report, sentencing was to be 50days after 3-3 The court rescheduled it, but I never received the notice because someone sent it back as not at this... View More

William Melton
William Melton
answered on Dec 11, 2023

No, there isn't a certain amount of time. However, you have been sentenced. The judge sentenced you to jail, but you have been a fugitive. You should consult with an attorney to help you finish the case. If you've stayed out of trouble they may be able to use that to help with your sentencing.

3 Answers | Asked in Criminal Law and Personal Injury for Utah on
Q: I got into a situation defending a friend that was being beaten up I have charges being filed on me

I was visiting a friend and there was an argument between us and the neighbors . My friends boyfriend went outside and the neighbors started physically assaulting him. I went put to help him and one of them hit me from behind in the eye with a weapon. All of a sudden I hear gun fire and I pull... View More

Mike Branum
Mike Branum
answered on Aug 30, 2023

Your question has a long list of variables. You really do need to sit down with a qualified criminal defense attorney who can review your criminal history (if any) and the charges you are facing, and discuss the circumstances of your arrest to determine what the best course of action is in your... View More

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1 Answer | Asked in Legal Malpractice and Criminal Law for Utah on
Q: Regarding the Miranda rights, I was just curious what the right to attorney would entail?

This would occur in Utah.

T. Augustus Claus
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answered on Aug 9, 2023

The right to an attorney, a part of the Miranda rights, ensures that individuals have legal representation during custodial interrogations. In Utah, as in the rest of the U.S., this right includes the option to remain silent and the right to legal counsel. If you're in custody and the police... View More

1 Answer | Asked in Criminal Law for Utah on
Q: I have a friend on parole. He got a violation and was sent to jail to await the parole board. Can he have a lawyer
Aric M. Cramer
Aric M. Cramer
answered on May 10, 2023

They are not entitled to a lawyer on a revocation hearing. They may hire one to appear as a "friend", but no one will be appointed like a public defender. There are attorneys who specialize in Board hearings.

1 Answer | Asked in Criminal Law for Utah on
Q: How can I dismiss charges?I have no prior,I live in Cal case is in UT,I can't afford PA.court date is 5/22/23 in UT.

I was a passenger in a vehicle, traveling with my service dog from CA.To UT. Driver was pulled over for expired tags.The officer(#1) asked driver for lic/reg/ins then asked me to show my DL to a female officer(#2) who came up to my window.I complied.#1 asked driver to step out/sit in the front seat... View More

Aric M. Cramer
Aric M. Cramer
answered on Apr 27, 2023

Well you need to contact an attorney who practices in the area where you were stopped. Give them your name and the county where you were charged and tehy can look up your charges and the probable cause statement ti advise you.

1 Answer | Asked in Criminal Law for Utah on
Q: Police officer takes a statement but omits information in his written report, does that constitute a false report?

I accidently hit a vehicle in a parking lot moving it 10 to 20 feet. I left the scene because someone outside pointed a gun at me. When I did speak to the police and recounted what happened he omitted that the car I hit was parked unoccupied in the driving lane at the end of a row of parked cars,... View More

Aric M. Cramer
Aric M. Cramer
answered on Apr 19, 2023

If your current attorney isn't helping, you may need to hire a different attorney.

1 Answer | Asked in Criminal Law and Civil Rights for Utah on
Q: I am being charged two second and one third degree felonies for a house I used to live in getting raided 4 months after

I had already moved

Aric M. Cramer
Aric M. Cramer
answered on Feb 21, 2023

Well you haven't asked a question, so I don't have a response other than if you would like a consultation feel free to call my office and set up a phone or in person meeting.

1 Answer | Asked in Criminal Law and Traffic Tickets for Utah on
Q: Hello, my question is ways that i can get my charge of possesion of a controlled substance dissmissed or reduced in utah

An officer from a neighboring city got behind me and followed me untill i reached my city for no reason he pulls me over. His reasons were made up and in my discovery he dont give any probable cause reason on why he began to follow me on the highway. ive done some research and believe theu were... View More

William Melton
William Melton
answered on Feb 13, 2023

You need to hire an attorney. Criminal law is extremely fact specific and you need an attorney to review your case and probably file a motion to suppress.

1 Answer | Asked in Contracts, Copyright, Criminal Law and Intellectual Property for Utah on
Q: Can a storage facility be sued for violation of an NDA

I am writing a book about real events that happened to me/family. I stored the documents for my book in a storage facility. The owners signed an NDA to be able to read my book so far. I moved out of state and they sold my property for non-payment. Can I sue them for breaching the NDA by disclosing... View More

John Michael Frick
John Michael Frick
answered on Feb 11, 2023

No. Your non-payment constitutes a prior material breach that authorized them to sell your stuff and excuses their breach of the NDA.

1 Answer | Asked in Legal Malpractice and Criminal Law for Utah on
Q: My son almost got hit by a bus yesterday. The bus has not been following safety rules for awhile. What can I do legally?

For months the bus driver has been allowing the kids to cross right in front of the bus. Yesterday the bus driver drove off right as my son was starting to cross and other kids were still in the street. My son is young and is now scared of crossing the street.

Aric M. Cramer
Aric M. Cramer
answered on Jan 10, 2023

This is not a criminal law question. If you think the driver is committing crimes, you need to contact the police.

1 Answer | Asked in Criminal Law and Juvenile Law for Utah on
Q: I pressed charges for finding marijuana in my son's(15) but now 2 days later I am dying with regret. Can I drop those?
William Melton
William Melton
answered on Jan 8, 2023

No, you can't. It is a common misconception that the person who reports something to the police is "pressing charges." That is now how it works. You may report the case, but one you do it is out of your hands. The government (the prosecutor) is always the one who brings the charges.... View More

1 Answer | Asked in Criminal Law for Utah on
Q: If I live in a household with a felon and I have guns in a safe only I have access to is it okay for them to live there?
Aric M. Cramer
Aric M. Cramer
answered on Dec 19, 2022

It's ok for you. Not for them. They could be charged for felon in possession by the feds. Get rid of the guns and ammo or the roommate.

2 Answers | Asked in Criminal Law for Utah on
Q: Im wondering what an affirmative defense means in utah pertaining to an overdose and who can claim it and how

Im wondering if the person who overdosed can claim affirmative defense and how it works. Its 58-37-8(16) of the utah crimial code im wondering about. About a month ago i overdosed and i was arrested. Now im facing possesion charges. I dont have a lawyer so i have been trying to research as much as... View More

Mike Branum
Mike Branum
answered on Dec 1, 2022

As Mr. Cramer has stated, you really need an attorney whether you qualify to have one appointed or whether you are able to retain private counsel. You can argue an affirmative defense, but that defense would be argued at trial and over 90% of criminal cases resolve before trial. Counsel will be... View More

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2 Answers | Asked in Criminal Law for Utah on
Q: My husband hit my ex’s car window, now he’s being charged with disorderly conduct. Is getting an attorney worthwhile?

I was trying to speak to my ex husband about our children, and he disrespectfully rolled up his window while repeating, “I don’t care.” My husband approached the vehicle. He slapped the car window (open palm) to get my ex’s attention and asked him to listen to me. My ex then rolled the... View More

William Melton
William Melton
answered on Nov 25, 2022

It is always a good idea to consult with an attorney. Disorderly conduct can be charged as an infraction or as a misdemeanor. You should definitely at least speak to an attorney so they can advise your husband on the potential penalties of the charge. Having the disorderly conduct could come back... View More

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