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Utah Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Utah on
Q: I your a passenger and drugs are found. Can you and driver be charged. Receive blood test to receive internal possesion
Brian K Jackson
Brian K Jackson
answered on Feb 5, 2016

They can have enough evidence to charge you with possession if you are in the vicinity. If they have enough evidence to convict someone of that crime is another question. It would be good to sit down with an attorney and go over your story to figure out your culpability as well as how the officers... View More

1 Answer | Asked in Criminal Law for Utah on
Q: Hi : I have a theft case , can I fix this with a laWyer and the person affected out off the court? I mean skip court
Brian K Jackson
Brian K Jackson
answered on Feb 5, 2016

If the state or city has given you a criminal citation then you have to go through the court process. If you don't show up to court they will issue a warrant. It is good to get an attorney on board as theft can affect your immigration status, your employment, your housing and your credibility... View More

1 Answer | Asked in Criminal Law for Utah on
Q: My wife is charged with assult on me and i realized that the mark was not made by her how do i drop the charges
Brian K Jackson
Brian K Jackson
answered on Jan 18, 2016

Talk to the prosecutor that is handling the case and explain to him the situation.

1 Answer | Asked in Criminal Law for Utah on
Q: What happens when you get charged with indecent exposure or "touching yourself" in public in the state of Utah?
Brian K Jackson
Brian K Jackson
answered on Jan 8, 2016

You will have a preliminary hearing to see if there is enough evidence to move forward and then it will go to pre-trial to see if the case will go to trial. It is good to get an attorney on board to make sure your rights and protected.

1 Answer | Asked in Criminal Law for Utah on
Q: What are the possible court judgments for a conviction of 3 class B misdemeanor charges?
Brian K Jackson
Brian K Jackson
answered on Jan 8, 2016

It depends on what you are charged with. Some charges are enhanceable so a second or third charge could be bumped up to a class A or 3rd degree felony. The judge can order that the sentences be served one at a time or all at once. There are many options. The prosecutor will make a recommendation.... View More

1 Answer | Asked in Criminal Law for Utah on
Q: Alcohol Possession Misdemeanor

Last Saturday night I got pulled over for going 9 miles over the speed limit and then he saw a brand new case of corona in my car so I got a misdemeanor ticket for possession of alcohol in my car, the cop gave me a breathalyzer test and it came up 0.00.. I told the cop it was my friends that I just... View More

Brian K Jackson
Brian K Jackson
answered on Dec 2, 2015

I would plead not guilty on your first court date. It would be wise to sit down and talk to an attorney to discuss your options. The first court date is just a reading of your rights and whether or not your are guilty but a lot of people plead guilty that first court date without an attorney. An... View More

1 Answer | Asked in Criminal Law for Utah on
Q: Can my friends be charged for assaulting a drunk man who had walked into their house accidentally?

My friend came home one night to find a drunk old man in his bed. My friend and his roommates verbally and physically abused the man, yelling at him while holding a large kitchen knife. Instead of calmly helping the man out of the building they proceeded to push the man over repeatedly, and they... View More

Brian K Jackson
Brian K Jackson
answered on Nov 15, 2015

A person can only use force if they are fear in bodily harm. If they were threatening the man without fear of bodily harm then they could likely be charged for a crime.

1 Answer | Asked in Criminal Law for Utah on
Q: Is this in breach of any laws?

This is taking place in an after school program. We have college age mentors come and mentor 5th graders, One of them takes pictures of the students. There are roughly 20-30 people. As long as she doesn't identify them, is there anything illegal with this?

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 4, 2015

I do not see anything illegal, but all I know is what you have written.

1 Answer | Asked in Criminal Law for Utah on
Q: During Jury instructions in Utah what does judge say to jurors of what constitutes exhibition of speed.

When doing jury instructions in utah for Exhibition of Speed violation, what does the judge say to jurors in how to determine if I violated Exhibition of Speed? Does he just read the statute as it is written, since it is fairly vague, or does he explain what violated exhibition of speed? If so,... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 3, 2015

Here is a link that might help: https://www.utcourts.gov/resources/muji/inc_toc.asp?cat=criminal

But who says that you even get a jury in a speeding case?

2 Answers | Asked in Criminal Law for Utah on
Q: In Utah is tampering with evidence a misdemeanor or a felony
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 23, 2015

It is probably a felony. Very few attorneys from your state answer questions here. Go hire one for the criminal case.

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3 Answers | Asked in Criminal Law for Utah on
Q: I was charged with a felony D- Possession of Controlled substance for sale.... Should I have a public defender help me?

I have heard bad reviews on public defenders. I am trying to avoid jail time. This incident happened in Nevada.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 21, 2015

If you are indigent you can probably get the public defender to represent you. You say you cannot afford a lawyer, but have spoken with none so far, right? Then how is it that you cannot afford a lawyer if you do not know how much it might cost. Many offer free consultations nowadays, and you... View More

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2 Answers | Asked in Criminal Law for Utah on
Q: I was at the gas station about to get fuel I had pulled in and my fuel door ended up being on the wrong side.

A police officer pulled up next to me and was sitting without lights on or engaging me in any way. I flipped around so my fuel door was on the same side as the pump. I got out of the car and just as the door was shut the officer had flipped around behind me, turned his lights on and ordered me back... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 18, 2015

It could be. You haven't told us enough facts.

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1 Answer | Asked in Criminal Law for Utah on
Q: What is the minimum punishment for a 2nd degree communication fraud felony?
Brian K Jackson
Brian K Jackson
answered on Sep 30, 2015

I'm sure you know the maximum penalty, 15 years in jail and a $10,000 fine. The minimum punishment depends on what the prosecutor gives you as a plea deal or what the judge decides to do at sentencing. There are many factors involved to determine a punishment. However, they also have to prove... View More

2 Answers | Asked in Criminal Law for Utah on
Q: If a peron has an arrest warrent that they are not aware of is their any way to get them out with ah bail

My sister got arrested for ah warrent that she had no idea she had is there any possible way to get her out with bail

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 27, 2015

Check with a local bail bonding company. Yes, bail would normally already be set, but if there is no bail set, she will need a criminal defense attorney anyway.

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2 Answers | Asked in Criminal Law for Utah on
Q: Question: Topic: Utah code of conduct; Section; Indecent exposure or Lewd acts

So I have a friend whose wanted to wear a diaper and t-shirt out in public. An example of the public place; A park. Would it be illegal for them to do so when they are 18 years of age or older? No inappropriate parts would be showing, No pubic hair, No real definition as to whether it is a he or... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 25, 2015

This is not just a basic legal question to me. What you need is specifically tailored legal advice. You need to pay for that in my opinion.

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2 Answers | Asked in Criminal Law for Utah on
Q: Can the case be dismissed because police included evidence in the chain of custody that never existed?

While pulled over on an interstate after a pretextual traffic stop, and a few 4th amendment violations occur, a search of the victim – vehicle reveals narcotics. The driver has a small amount of narcotics on him, the other does not.The vehicle is removed from the highway, the defendants are... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 11, 2015

The answers you seek can only come after an attorney has investigated all the facts and circumstances. There might be a viable motion to suppress, we simply cannot tell from the conclusory statements that you make. Hire a private criminal defense attorney who has decades of experience in handling... View More

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2 Answers | Asked in Criminal Law for Utah on
Q: Is there anyway I can remove charges on a person that I pressed charges on for domestic violence and aggravated assault?

How much jail time would a person be looking at for COMMISSION OF DOMESTIC VIOLENCE IN THE PRESENCE OF A CHILD (UTAH) and AGGRAVATED ASSAULT (UTAH) ?

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 9, 2015

You started the ball rolling and do not like how it has rolled? Only the prosecutor can do something about this. Speak to the victim advocate if the prosecutor's office has one. These are very serious charges. The person needs to hire a private criminal defense attorney.

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2 Answers | Asked in Criminal Law for Utah on
Q: Is there a way to negotiate the terms of my probation agreement I.e. Drug testing since I am not on a drug charge

I was arrested for possession of a firearm by a restricted person. The possession charge was dropped

Brian K Jackson
Brian K Jackson
answered on Sep 7, 2015

Are you currently on probation or is there a probation that is proposed for your charge? Also do you already have an attorney for this case? If so, you can only consult your retained attorney for further legal advice.

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1 Answer | Asked in Criminal Law for Utah on
Q: Car broke down no money or way to turn myself in at wasatch county jail. Wife gets paid friday what do I do

I was to appear on Sept 2 2015 at wasatch county jail I was sentenced to do 30 days. Car broke down in Duchesne

Brian K Jackson
Brian K Jackson
answered on Sep 3, 2015

Get there as soon as you can and get that sentenced served. Any delay could make your situation worse since you are now in contempt of the order of the court.

1 Answer | Asked in Criminal Law for Utah on
Q: Defendant is incarcerated in Utah awaiting (Nov 2015) federal sentencing. In Nevada, misdemeanor case with a warrant

I bail out the defendant in March 2015. Defendant had Utah state charges as well, However the State of Utah is waiting on federal sentencing hearing. Bond company file a motion to exonerate, but lawyer keeps rescheduling. So on behalf of the defendant I filed a motion to quash bench warrant. Judge... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 24, 2015

Such overly broad questions. Basically by learning the law or asking for a pd. I do not fully understand the second question, but a motion would contain a request for relief.

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