Get free answers to your Criminal Law legal questions from lawyers in your area.
I'm facing new charges for possession of class B paraphernalia, which led a judge to revoke my pretrial services and issue a warrant for my arrest. I haven't been arrested yet. Can I request an order to show cause to avoid being taken to jail, considering I don't have a lawyer... View More 
My son was arrested for possession of child pornography, facing four counts of sexual exploitation of a minor. He is currently in jail but has not been formally charged yet, and he does not have any prior criminal record. A search warrant was executed by the police, and they seized his electronic... View More
In a hypothetical situation in Utah, if someone is involved in a hit and run accident shortly after leaving a bar, can they be charged with a DUI based on camera footage and eyewitness accounts, even without numerical tests like a breathalyzer or blood test? No additional evidence such as bar... View More
answered on Mar 19, 2025
Yes, they can be charged. However, it would definitely be a difficult case for the prosecutor to prove. Just because someone is charged with a crime, it doesn't mean the prosecutor can prove it. You should consult with an attorney about the specifics of the case to see what your best options are.
I was caught shoplifting at my local grocery store, and the police issued me a citation, which states that I must either pay or schedule an arraignment within 14 days. This is my first time facing any charge, and I'm worried about how this might affect my criminal record and employment. If I... View More
In Utah, is it legal for someone to be pulled over solely because the database erroneously showed they didn't have insurance, even though their insurance was valid? I was stopped with no other reason, received a warning about the insurance, and was issued two tickets for a suspended license... View More
answered on Mar 12, 2025
Unfortunately, yes. This is an issue that we see frequently. The cop made a stop in good faith that he believed you were operating the vehicle without insurance. Those databases are wrong all the time, but the Utah Supreme Court has ruled cops may make mistakes and the stop is valid as long as they... View More
In Weber County, Utah, after a search warrant related to a criminal investigation was executed, how long do law enforcement authorities have to provide a copy of the warrant and the list of seized items? During the search, which took place two days ago, an additional warrant was issued for a swab... View More
During a traffic stop in which I was a passenger, the vehicle was stopped for a suspended license. The officer instructed us to get out of the car and conducted a search without asking for consent or providing a warrant. The officer mentioned the search was due to me scratching myself, which he... View More
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answered on Mar 23, 2025
The legality of this search hinges on whether the officer had "probable cause" - a legal standard requiring more than mere suspicion. Courts have repeatedly ruled that nervousness or physical behaviors like scratching typically don't constitute probable cause by themselves. For a... View More
I was arrested for a felony DUI at my home in Utah. The police arrived as I was walking to my front door and followed me inside without a warrant or my permission. My daughter reported me for a DUI. They conducted a breathalyzer test inside and arrested me. They are trying to charge me with a... View More
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answered on Mar 24, 2025
Yes, you can be charged with a felony DUI in Utah if a child under 16 was in the vehicle at the time of the offense. Utah law increases DUI charges to a felony when certain aggravating factors are present—having a minor passenger is one of them, especially if it’s not your first DUI offense.... View More
Pending case is showing up on a background check for membership application to a professional sports association. Membership is required to compete as a professional in said sport. No criminal record and case has barely started so no conviction, nolle, or not-guilty finding but a pending case in a... View More
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answered on Jan 28, 2025
If a professional sports association in Utah is a private entity, it typically has broad discretion in setting its membership criteria. Since there is no conviction, the question is whether the association can take adverse action based on a pending case. Utah's "ban-the-box" law... View More
answered on Nov 1, 2024
You will need to change your location to Utah to get a good answer. Right now your question is going to Missouri attorneys and you need a Utah criminal defense attorney to answer your question.
Statues of Limitations are state laws so Utah can and likely does have a different statue of... View More
I see that Utah has changed the law recently where if your felony is non violent and only a single episode that you are no longer a prohibited person from owning a firearm after 7 years (Utah Code 76-10-5) . However, seeing that the felony would still be on one's record, how does it work... View More
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answered on Sep 30, 2024
Under the recent changes to Utah Code 76-10-503, if your non-violent felony is from a single criminal episode and more than seven years have passed, you are no longer considered a prohibited person from owning a firearm in Utah. This means your firearm rights are effectively restored under state... View More
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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
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
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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
What can we do to bring him home
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... View More
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
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... View More
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.
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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
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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... View More
They got the kids back and they've been told by DCFS that they can't take away their kids doors.
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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.... View More
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
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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... View More
I would have been physically assaulted by a manager of a KOA Campground in Utah if his wife had not stepped in to intervene
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... View More
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