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Utah Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Utah on
Q: My public defender thi said I was a 1090.public nuisance. I am not guilty of this crime. How do I get another lawyer?

I need a lawyer that is loyal to me has all intentions of winning this case. I am not guilty of this crime. The plea bargain he wants me to take i will do a minimum of 3years. I am kit sure how to get a competent public defender.

Aric M. Cramer
Aric M. Cramer
answered on Jul 5, 2018

You don't get to chose your public defender. However if you want to go to trial they must respect that decision and do the trial. You are always free to hire your own attorney as well.

1 Answer | Asked in Criminal Law for Utah on
Q: Is it legal for police to lie to get a warrant? How do I get this brought to the courts attention? i can prove it

the statement to get a warrant has many mistake and lies that can be verified to my benefit, how do i get my public defender to listen to me instead of telling me it doesn"t matter ?

Aric M. Cramer
Aric M. Cramer
answered on Jun 18, 2018

You can get a consultation with another lawyer if you wish, or ask your current attorney to explain to you why they feel it dosen't matter.

1 Answer | Asked in Criminal Law for Utah on
Q: How do mandatory sentences for drug offenses work?
Aric M. Cramer
Aric M. Cramer
answered on Jun 12, 2018

Depending on the law, if you are convicted you must serve a minimum mandatory time in prison.

1 Answer | Asked in Criminal Law and Domestic Violence for Utah on
Q: I was charged with a threat of violence, basically there word against mine, what are my chances getting this dropped ?

I have sound recordings of person saying they didn’t want cops to come and they won’t answer door if they do, there was a third party family member who wanted to call police and use there word against mine stating i threatened violence but there is no proof of me doing so other than there word... View More

Aric M. Cramer
Aric M. Cramer
answered on May 31, 2018

Lots of people in prison for this very situation. Get an attorney on board. You are in deep trouble.

1 Answer | Asked in Criminal Law for Utah on
Q: I have 2 marijuana possesion charges. 3 paraphanelia charges, 2 trespassing charges and a tampering of a perscription

I have 2 marijuana possesion charges. 3 paraphanelia charges, 2 trespassing charges and a tampering of a perscription medication charge. 3 different incidents, 2 in the same county. I got the 3rd charge after already going to court but then getting it extended to august.

Aric M. Cramer
Aric M. Cramer
answered on May 18, 2018

No question posted.

2 Answers | Asked in Criminal Law for Utah on
Q: If my son is 31 and he is seeing a 15 year old what can happen?
Michael S. Edwards
Michael S. Edwards
answered on May 12, 2018

Nothing good, that is for sure. If they get involved sexually it is a crime. Tell him not to go there!

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1 Answer | Asked in Criminal Law and Federal Crimes for Utah on
Q: Under Utah law is it a criminal offense for a felon to be in possession of an antique firearm?
Aric M. Cramer
Aric M. Cramer
answered on May 7, 2018

It depends on the firearm. Better safe than sorry.

1 Answer | Asked in Criminal Law for Utah on
Q: In a search warrant affidavit is there a difference between a statement of fact and hearsay?

Are statements made by an informant considered "facts" in an affidavit for a search warrant or do the statements need to be verified before they are considered facts?

Aric M. Cramer
Aric M. Cramer
answered on May 2, 2018

At a preliminary hearing all inferences are in favor of the prosecution.

1 Answer | Asked in Criminal Law for Utah on
Q: Are the prosecution allowed to introduce as hearsay evidence statements made in an email that were not part of the SW.

SW=Search Warrant.

This happened during a preliminary hearing where the prosecution used email msgs that they received prior to getting the search warrant as supporting evidence for the search warrant. However, the email msgs were not part of the SW affidavit.

Don't they need... View More

Aric M. Cramer
Aric M. Cramer
answered on May 2, 2018

Your question is not clear. Please contact a criminal defense attorney in your area, or make an appointment with your public defender to go over the question.

1 Answer | Asked in Criminal Law for Utah on
Q: How can I access case law in the state of Utah?

Preferrably for free. I would like the ability to search federal and state case law.

Aric M. Cramer
Aric M. Cramer
answered on May 2, 2018

Either of the two law schools have amazing law libraries.

1 Answer | Asked in Criminal Law for Utah on
Q: Do investigators need to verify the identities of informants?

Let's say the police receive a call from someone who claims to be the sister-in-law of someone who she overheard had committed a crime. Can investigators obtain a warrant on what she says without further investigation and without verifying that she is who she says she is?

Aric M. Cramer
Aric M. Cramer
answered on Apr 23, 2018

Generally a warrant cannot be issued on an informant unless law enforcement can vouch for the reliablity of the information. Contact an attorney to get a copy of the affidavit in support of the warrant.

1 Answer | Asked in Criminal Law for Utah on
Q: If my Public Defender failed to inform me of a plea deal offer how can I avoid enhanced charges for lack of cooperation?

Apparently my PD failed to inform me of a plea deal offered some months ago. Now I'm facing possible enhanced charges for perceived lack of cooperation. What can I do?

Michael S. Edwards
Michael S. Edwards
answered on Apr 20, 2018

I think the solution here is fairly simple. Your public defender needs to go to the prosecutor and explain that he/she failed to notify you of the plea offer (which it is their ethical obligation to do), and ask the prosecutor to give you another chance to accept the offer. If your public... View More

1 Answer | Asked in Criminal Law for Utah on
Q: Is it possible to have past convictions removed from your record?
Aric M. Cramer
Aric M. Cramer
answered on Apr 15, 2018

It depends. Some crimes are not expungeable. Others are depending on time that has passed from the end of probation. Contact a criminal defense specialist in your area.

1 Answer | Asked in Criminal Law for Utah on
Q: Please help me!?

Police had my $500 phone for a year now. I called to see if I could get it back and said no, then asked to do an interview with a detective. If they thought I was guilty, why haven't I been charged yet? Why is it being brought to light now that I brought the case up?

Aric M. Cramer
Aric M. Cramer
answered on Mar 21, 2018

This question is not clear. You need to sit down with a criminal defense attorney for a consultation.

2 Answers | Asked in Criminal Law for Utah on
Q: I called pharmacy and said was medical assistant could fill my prescription for pain med 2 days early. What could happen
Michael S. Edwards
Michael S. Edwards
answered on Mar 15, 2018

You will get charged with the class A misdemeanor of Falsely Obtaining a Prescription.

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1 Answer | Asked in Criminal Law for Utah on
Q: Who is the plaintiff/petitioner and who is the defendant/respondent?

I am filling out the paperwork for expunging a conviction, and I am required to fill out a cover sheet for civil actions. This is for a conviction in Utah County, Utah. The plaintiff on the conviction was Lehi City. I did not have an attorney.

Michael S. Edwards
Michael S. Edwards
answered on Mar 11, 2018

Lehi City is the plaintiff and you are the defendant. The case number is the criminal case number of the case you were prosecuted for. Good luck!

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 Criminal Law and Domestic Violence for Utah on
Q: My brother-in-law had an argument with his wife. She started video-taping him with her phone so he wrestled the phone

From her. Charged with DV and interfering with device. Police charged with felony but shouldn’t it be misdemeanor 1st time offense? Is it felony if kids are there? If wife wants charges dropped can they be dropped or do police pursue on their own?

Michael S. Edwards
Michael S. Edwards
answered on Mar 7, 2018

Your brother-in-law needs to consult with a good criminal defense attorney right away. Whether a domestic violence charge is a felony or a misdemeanor can depend on a lot of factors. I don't know enough about his situation to give specific advice here. But whatever the case may be, his... View More

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1 Answer | Asked in Criminal Law for Utah on
Q: During an Evidentiary Hearing can I argue additional case law beyond what is in referenced in the Motion to Suppress?

I am working with my PD who disagrees with an approach I want to take with my MS. He asked me to modify the header of a template MS which contained his arguments and instead I modified the header and the argument. He filed the MS with the court and it contained his argument; as well as, mine.... View More

Aric M. Cramer
Aric M. Cramer
answered on Mar 2, 2018

No. Only one person can speak to the court at a time on any issue. You are going to hurt yourself more than help yourself if you try to defend yourself.

1 Answer | Asked in Criminal Law for Utah on
Q: How long after the fact can you be punished for a drug possession/use charge

Say you partake of cocaine and the memory is blocked due to a traumatic experience, but when you remember it(say 4 years later) you confess. Would you be eligible for punishment or would it have been too long for punishment to be served?

This is research for a novel and I would like an... View More

Aric M. Cramer
Aric M. Cramer
answered on Feb 28, 2018

You would need to ask an attorney who is licensed in CA.

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