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Utah Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for Utah on
Q: I stole from multiple stores. Some with security cameras and some without. Will I get arrested?

Only one store caught me leaving and asked to see my bag. I returned the two dresses. The other stores did not follow me out. The store that caught me only has my first name but nothing else. I’m worried I’m going to get arrested.

0 Answers | Asked in Criminal Law and Banking for Utah on
Q: Charged with code 76–6-506.3 12/2017. Warrant issued 9/2023. Is there statute of limitations for this? What can I do?

The person that I committed the offense against is not pressing charges. Would it be the financial institution that’s doing it?

1 Answer | Asked in Criminal Law and Banking for Utah on
Q: Charged in 2017. Utah code 76-6-506.3 and.2. Does Statute of limitations apply? A warrant was put out Sept. 2023
Steve D. Hardin
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Steve D. Hardin
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...
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0 Answers | Asked in Criminal Law and Small Claims for Utah on
Q: Airpods stolen from teacher possestion after not properly stored

At my school I accidentally left my AirPod case with one AirPod in it in a classroom. I knew right after it happened what room it happened in. The teacher found them, but rather then lock them in his desk or give them to the office lost and found valuables he put them with a jack on a stool in... View More

1 Answer | Asked in Criminal Law and Civil Rights for Utah on
Q: How does the change to Utah Code 76-10-5 (Firearms Restricted Persons) 7 year thing work as far as background checks go?

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

James L. Arrasmith
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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

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

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

1 Answer | Asked in Criminal Law for Utah on
Q: Question on 76-6-506.3. Financial transaction card offenses -- Unlawful acquisition, possession, or transfer of card.

Charged in 2016 but due to homeless and life issues, still have not gone to court but the allegations are completely false. Also wondering if there is a statue of limitations.

James L. Arrasmith
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answered on Feb 23, 2024

Given that you've been charged under section 76-6-506.3 related to financial transaction card offenses, it's crucial to address the situation promptly to avoid further complications. Despite the challenging circumstances you've faced, it's essential to prioritize resolving the... 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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