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Utah Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Utah on
Q: Is it legal to sentence minors to life in prison?
Aric M. Cramer
Aric M. Cramer
answered on Dec 9, 2017

In a word - no.

1 Answer | Asked in Criminal Law for Utah on
Q: What is the definition of grand larceny
Aric M. Cramer
Aric M. Cramer
answered on Dec 9, 2017

There is no such crime in Utah law. Theft charges depend on the item or the dollar value.

2 Answers | Asked in Criminal Law for Utah on
Q: Got a Pos. charge for Marijuana. Was honest and given a warning for paraphernalia. Now its showing as a charge. Pls help

First went to court after the ordeal and was only being charged for Possession of Marijuana. (3 grams) Now after my second hearing, its four charges.

1. Unlawful Tail Lamps

2. Failure to illuminate registration

3 Possession of marjuana

4. Possession of drug... View More

Michael S. Edwards
Michael S. Edwards
answered on Dec 7, 2017

What you are running into here is an example of "prosecutorial discretion." Whatever the police chose to do on the day you were cited is one thing. But the prosecutor can file a formal charging document called an Information, and charge things that were or were not included in the... View More

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1 Answer | Asked in Criminal Law for Utah on
Q: if their is a weapons in a car and and your just a passenger can the police change you with it
Aric M. Cramer
Aric M. Cramer
answered on Nov 28, 2017

Well anyone can be charged with anything, but wheater or not you can be convicted of it is a set of different questions.

1 Answer | Asked in Criminal Law for Utah on
Q: Is it legal in Utah, if I'm 23 and she's 17, to have sexual contact?
Aric M. Cramer
Aric M. Cramer
answered on Nov 27, 2017

Effective 5/13/2014

76-5-401.2. Unlawful sexual conduct with a 16- or 17-year-old.

(1) As used in this section, "minor" means a person who is 16 years of age or older, but younger than 18 years of age, at the time the sexual conduct described in Subsection (2) occurred....
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1 Answer | Asked in Criminal Law, Elder Law, Federal Crimes and Gov & Administrative Law for Utah on
Q: While the V. A. Hub and fidicuary stole my estate. The owner of a mortuary quoted me a price of 1800-$1900 for funeral.

The owner asked if I, surviving spose, open or closed, I said closed. It was open w/smile on face. The cost of funeral was 2 thousand more.

Aric M. Cramer
Aric M. Cramer
answered on Nov 25, 2017

You need a consumer protection attorney. If you think a crime has been committed you need to call the police.

1 Answer | Asked in Criminal Law for Utah on
Q: If the police come for a death . Can they find other reasons for arrests or charges if no other crime has been commited
Aric M. Cramer
Aric M. Cramer
answered on Nov 20, 2017

Not enough information to answer the question. Call and consult wit a crimial defense attorney in your area.

0 Answers | Asked in Business Law, Real Estate Law, Criminal Law and Landlord - Tenant for Utah on
Q: Our airbnb Host left a loaded gun on the property without informing us is there anything that prevents him from doing so

We showed up to our Air BNB (house rental) and there was a loaded gun in the closet. We are all college students and non of us have experience with guns, so we find that this is extremely unsafe. It was in plain view in the closet of one of the bedrooms. The Air bnb host later contacted us and said... View More

0 Answers | Asked in Criminal Law and Family Law for Utah on
Q: I have a family Member who has threatened me with Faking Assault Charges on her, if I don't do the things she asks. HELP

She has done this 3 times to me with the most recent that her boyfriend was going to hospitalize me, under that fake charges that she was gonna claim I had swung first and was self defense. I have witness that saw this conversation. I need to know what I can do Legal to protect myself from her

1 Answer | Asked in Stockbroker Fraud, Criminal Law, Identity Theft and White Collar Crime for Utah on
Q: Statues for check fraud in utah
Aric M. Cramer
Aric M. Cramer
answered on Nov 6, 2017

Generally four years if you have been in state for the intire 4 years.

1 Answer | Asked in Criminal Law for Utah on
Q: My girlfriend has been subpoenaed to testify for my preliminary hearing. Can she plead the 5th?

I understand that she has an obligation to go, but does she have the option of at least saying, "I don't recall" to the questions asked? Refusing to answer would bring her in contempt, but is there a way to legally avoid answering questions?

Aric M. Cramer
Aric M. Cramer
answered on Nov 1, 2017

She must go and she must be truthful. If being truthful is going to incriminate her she must plead the fifth. If she must plead the 5th she'd better get a lawyer now. You two should not be trying to do this without an attorney - you're both going to end up in jail or prison.

1 Answer | Asked in Criminal Law for Utah on
Q: Can I file a motion to suppress after my Preliminary Hearing?

My public defender is dragging his feet in filing my motion to suppress. I've been requesting this for months and so far...nothing. He has told me that I should just fold to the prosecution, but I believe I have a legitimate reason to file a motion to suppress. My PH is this Friday.

Aric M. Cramer
Aric M. Cramer
answered on Nov 1, 2017

Without knowing details of your case there is no way I could advise you. You are represented so you cannot file your own documents with the court. If you are unhappy with your PD you should hire a private attorney.

1 Answer | Asked in Criminal Law and Traffic Tickets for Utah on
Q: Is an incorrect code written on your traffic citation ground for dismissing your charges?

If an officer states that you were pulled over for failing to yield right-of-way and the end result is arrest for a DUI, can charges be reduced or dismissed if the officer incorrectly cited the traffic violation on your ticket?

Aric M. Cramer
Aric M. Cramer
answered on Oct 31, 2017

No. It may go to the officer's credibility, but it doesn't remove jurisdiction.

1 Answer | Asked in Criminal Law for Utah on
Q: If it's my first time offense for felony theft for items totaling 3,900 what am I looking at I don't want to go to jail
Aric M. Cramer
Aric M. Cramer
answered on Oct 24, 2017

That is a Third Degree felony with a maximum term of 5 years in the Utah State Prison. You need to get an attorney right away.

1 Answer | Asked in Contracts, Criminal Law, Civil Rights and Communications Law for Utah on
Q: What can be done if a court reporter messes up a judges decision on a court transcript
Aric M. Cramer
Aric M. Cramer
answered on Oct 18, 2017

That's a very complex question with no clear answer - very fact specific. You will need to hire an appellate attorney.

1 Answer | Asked in Criminal Law and Immigration Law for Utah on
Q: My husband hit me but didn't press charges the police officers only gave him a ticket, what happens next?

We need to apply and renew his green card do I just pay off the ticket ?

Aric M. Cramer
Aric M. Cramer
answered on Sep 30, 2017

If you pay the ticket you will be admitting guilt and that could put him into deportation. Check with an immigration attorney before you act.

0 Answers | Asked in Family Law, Criminal Law and Domestic Violence for Utah on
Q: Can i sue my dad for punching me in the head for being gay?

I had my eyebrows done my dad saw me and he slapped me in the face and punched me in the head, he then attacked by pushing me on the bed and getting on top of me trying to punch me i managed to not get punched again by kicking him. My mom and sister got him off of me, he then said all gay people... View More

1 Answer | Asked in Criminal Law for Utah on
Q: im on probation with justice court can i get charged for having a dirty uae and charged threw district for internal pos?

was placed on court probation for 6 months or til fine paid. i paid my fine 2 weeks later cops show up at my house wanting to test me. now im being charged for 2 internal pos with district court as well as having a dirty test with justice with probation. need help i have court this monday for the... View More

Aric M. Cramer
Aric M. Cramer
answered on Sep 23, 2017

You need to call your attorney right away. You're looking at 2 cases now.

2 Answers | Asked in Criminal Law and Domestic Violence for Utah on
Q: My wife has been hitting me.this time a physically restrained her and had my daughter call 911 when police arrived she

Said I hit her and the kids didn't see I was arrested.this 100% did not happen. They both have seen her hit me at least 3times(solid punch) can I be exonerated?

Christopher J. Salcido
PREMIUM
Christopher J. Salcido
answered on Sep 21, 2017

You need to call and speak to a criminal defense attorney asap about the details. Most of us provide free consultations right over the phone.

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1 Answer | Asked in Criminal Law for Utah on
Q: Was I charged wrong?

I was 19 and got charged with domestic violence with my ex girlfriend. I stupidly plead guilty. I'm 36 now and realize I think I should not have been charged since we did not live together and was not in a relationship at the time am I wrong?

Aric M. Cramer
Aric M. Cramer
answered on Sep 15, 2017

You'd have to find the statutory definition of co-habitant as it waw 17 years ago. I couldn't tell you off of the top of my head.

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