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Utah Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for Utah on
Q: Im on the registry for life in UT. How can I get off it sooner? Pardons and petitions? Can I do this earlier than 20yrs

My crime has me on the Offender Registry and in Utah, there is only 10yrs or a life sentence. I personally do not know anyone who has petitioned or gotten a pardon to get off the registry at all, but I am sure it can be done. I have now been done with my sentencing for over 2 years. Since I am... View More

0 Answers | Asked in Criminal Law for Utah on
Q: I got a citation for having a fake id in the state of Utah and don't know what to do or what the penalty will be

I don't know if I should plea guilty or try to fight it. I have never been in this situation and am really stressed. I just want to know what will happen when I call the court and what I should do

0 Answers | Asked in Criminal Law and Sexual Harassment for Utah on
Q: need to know about charges against an adult for being with a minor? she was 16 he was 17 or 18 at the time

bad break up. ex girlfriend taken into DCFS custody due to her dad beating her in the private parts . come to find out shes a promiscuous lady with many sexual partners. now that my son broke up with her she is now filing charges against him a year later. parents knew my son i know the parents as... View More

1 Answer | Asked in Personal Injury, Domestic Violence and Criminal Law for Utah on
Q: In Utah, I got arrested for DV/assault. I did not do this. Will the initiator still get in trouble?

x

James J. Lee
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James J. Lee
answered on Sep 4, 2024

If you got arrested, that means the police believe you committed a crime. While I'm not sure what you mean by "initiator", any other party involved in this incident would be considered a victim and/or a witness. The victim or witness would not be in trouble for anything. Of course,... View More

0 Answers | Asked in Criminal Law, Divorce and Family Law for Utah on
Q: How does Utah criminal law define "harm" & "abuse" in the context of modifying a continuous sentencing protective order?

I was convicted of misdemeanor child abuse. The judge issued a continuous protective order at sentencing. U.C.A. 78B-7-804 stipulates that “A continuous protective order may be modified or dismissed only if the court determines by clear and convincing evidence that the victim does not have a... View More

0 Answers | Asked in Criminal Law for Utah on
Q: Is there anything I can do if I was adversely affected by the side effects of my medication during my defense hearing?

During an order to show cause pertaining to my case the side effects of my medication adversely affected my ability to convey details in relation to my case. The judge assumed I was simply trying to make excuses, and made his judgement closing the case.

0 Answers | Asked in Child Custody, Family Law, Criminal Law and Divorce for Utah on
Q: Who has legal custody and what can be done to help the children?

Divorce degree states parent 1 has soul custody parent 2 has no overnight stays and supervised visits. Parent 2 put a child protective order against parent 1 ,parent 2 was oreder after the 150 days was over to do visits and reunification with parent 1 and children . Parent 2 left state with... View More

1 Answer | Asked in Criminal Law and Civil Rights for Utah on
Q: What privacy laws would apply to me in a program where I'm homeless in my curtains being shut for privacy

I'm in a homeless program and they moved us up to a motel most recently as state of Utah and I'm being told I cannot have my window curtain shut it must be opened at all times their rules they have to be able to see in what rights do I have toprotect my privacy

James L. Arrasmith
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answered on Sep 7, 2024

In Utah, your right to privacy, even in a homeless program, is important. While programs and shelters may have rules to ensure safety and security, they must also balance these with respecting your dignity and privacy. If a rule requires you to keep your curtains open at all times, you can ask for... View More

1 Answer | Asked in Criminal Law for Utah on
Q: My bf is incarcerated right now, they keep telling him they r waiting on the discovery to see what is further being done

What can we do to bring him home

James J. Lee
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James J. Lee
answered on Aug 9, 2024

Sorry if this answer is too late.

This largely depends on what stage of the process he is in. If I assume he was arrested recently and is in the beginning stages, he may be in custody for a few days till they officially file charges against him. There's a good chance they will release...
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1 Answer | Asked in Criminal Law for Utah on
Q: I just want to know what charges can my cousin get and how long he could possibly be in jail for

He is 18 years old. He was drunk and had a gun. Him and his girlfriend live together. But his girlfriend mom came over and when he was drunk he pulled out the gun to them

James J. Lee
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James J. Lee
answered on Aug 19, 2024

Depending on a few more details, he could be charged with one or more of the following:

-Intoxication (Class C misdemeanor; 90 days jail; fine)

- Minor in Possession (Class B misdemeanor; 6 months jail; fine; driving suspension)

- Threatening with or using dangerous weapon...
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1 Answer | Asked in Criminal Law, Communications Law and Military Law for Utah on
Q: My ex boyfriend keeps telling me to kill myself via email. What can I do?

He lives in Virginia and is active duty military. I live in Utah. I am unsure if it is him sending the email or his sister (she supposedly has account access). I was told I am not able to file a protective order because he is out of state.

James L. Arrasmith
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answered on Jul 18, 2024

I'm really sorry to hear about what you're going through. Receiving such emails is deeply troubling, and it's important to take action for your safety and well-being. You can report the threatening emails to your local law enforcement in Utah. Even though he's out of state, law... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Utah on
Q: What are the minimum sentences for 18USC 287, 18USC 371, 18USC 641 and 18USC 1956 (h). I know the maximums. Thank you
James L. Arrasmith
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answered on Jun 22, 2024

For the federal statutes you mentioned, here are the minimum sentences:

1. 18 USC 287 (False, fictitious, or fraudulent claims): No mandatory minimum sentence.

2. 18 USC 371 (Conspiracy to commit offense or to defraud United States): No mandatory minimum sentence.

3. 18 USC...
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1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Juvenile Law for Utah on
Q: My friend's parents have already had DCFS take their children from them once. Can they turn off their kids mobile data?

They got the kids back and they've been told by DCFS that they can't take away their kids doors.

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're asking about a sensitive situation involving your friend's family and DCFS (Division of Child and Family Services). To address your specific question:

Parents generally have the right to control their children's access to technology, including mobile data....
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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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1 Answer | Asked in Criminal Law for Utah on
Q: If I was arrested for warrants and I'm in my car do they s right to impound my car

So if they are nothing in car and they impound the car but I was not doing anything to justify a traffic stop can they still impound the cst

James L. Arrasmith
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answered on Jun 10, 2024

If you were arrested for warrants while in your car, the police might have the right to impound your vehicle. Typically, if you are taken into custody and there is no one else to take possession of the car, law enforcement can impound it to ensure it is not left unattended.

Even if there...
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1 Answer | Asked in Criminal Law for Utah on
Q: Is attempted assault a real thing?

I would have been physically assaulted by a manager of a KOA Campground in Utah if his wife had not stepped in to intervene

John Michael Frick
John Michael Frick
answered on May 1, 2024

Under Utah law, an actor commits assault if the actor:

(a) attempts, with unlawful force or violence, to inflict bodily injury on an individual.

So, for example, if the manager attempted to unlawfully punch you in the face but his wife stepped in between you and intercepted the...
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1 Answer | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Municipal Law for Utah on
Q: Whats the punishment in Utah for registering to vote under a po box, but it's still in the district where you live?
James L. Arrasmith
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answered on Mar 8, 2024

Registering to vote using a P.O. box instead of a residential address can raise concerns under Utah law, as voter registration typically requires a physical address to ensure you are voting in the correct district. While the intention might be to remain within legal boundaries, especially if the... View More

1 Answer | 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.

James L. Arrasmith
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answered on Feb 23, 2024

What you experienced is a serious criminal offense that involves multiple violations of the law. Roofie-ing someone with the intent to incapacitate them and then coercing them to drive while they are unconscious constitutes a range of offenses, including but not limited to drug-related crimes,... View More

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