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Utah Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Utah on
Q: Is it legal, if I'm adopted and wanted to date my 2nd cousin from my adopted family?
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 25, 2015

You know with a lot of questions that people ask, research is usually necessary, and all I can say is perhaps.

1 Answer | Asked in Criminal Law for Utah on
Q: My wife's public defender didn't show up for her PC hearing. Can anyone offer an explanation for this?

Her co-defendant signed an affidavit accepting responsibility for everything and has been sentenced for said charges. What happens now?

If her Public Pretender would return her phone calls that would be possible. She will not contact her.....

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 12, 2015

She has an attorney and should ask her own attorney about this and any other questions that she might have.

1 Answer | Asked in Criminal Law for Utah on
Q: What to file to dismiss a case in Nevada? Defended is currently incarcerated (4month) in Utah on federal and stats charg

Case in Nevada is misdemeanor charges.

Also bond company file a exonerated motion. Sentencing hearing for federal charges is in November 2015.

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 19, 2015

You have not provided enough information for an attorney to even form an opinion. Only an attorney can file a motion, most likely. Get one on this matter.

2 Answers | Asked in Criminal Law for Utah on
Q: I've been charged with arrange to distribute a controlled substance (meth)2nd degree felony. They discovery said they

Used marked bills for the aledged Transaction but no where in the discovery does it say that those marked bills were recovered. And I was arrested 92 days after the aledged crime took place but they did not have an arrest warrant. Advice?

Adam Studnicki
Adam Studnicki
answered on Aug 5, 2015

Hire a criminal defense lawyer. If you can't afford one, you may qualify for a public defender.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal...
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1 Answer | Asked in Criminal Law for Utah on
Q: My boyfriend is a felon. He was arrested yesterday with a kitchen steak knife in his pocked. What's gona happen in court

Will he have to go back to prison

Brian K Jackson
Brian K Jackson
answered on Aug 19, 2015

It depends on his status of probation if he has priors and why he was arrested and whether or not he can carry a steak knife. It is also important to look at how he was arrested and what happened after the arrest and before. There are a lot of constitutional rights at stake and it is important that... View More

1 Answer | Asked in Criminal Law for Utah on
Q: What kind of jail sentence is someone looking at for a second degree felonies of possession of an illegal substance

And intent to distribute

Brian K Jackson
Brian K Jackson
answered on Aug 19, 2015

It depends a lot on criminal history and the nature of the crime. The judges take lots of deference to probation and their recommendation. There are private companies that do reports to rebut the recommendation from probation which can help the court better understand where you are coming from. It... View More

1 Answer | Asked in Criminal Law for Utah on
Q: If bailed out on a felony charge in say Weber co and then charged in Davis co for a felony can you still be bailed out
Brian K Jackson
Brian K Jackson
answered on Aug 19, 2015

It depends on the judge and the crime. I would talk to an attorney about the specific crime of your case and if there is a bail amount already set in your case. An attorney can help you get a reasonable bond figured out with the courts and possibly set up a procedure where you can be booked and... View More

1 Answer | Asked in Criminal Law for Utah on
Q: How can I prove that people are invading privacy via surveillance, n the bathroom, dressing room, intimate times, etc.?

I am living with my b.f in his parent's house, which has turned into a regretful extended stay (18mos) I am moving back to FL within the next month or 2, but there has been a very emotionally damaging situation occurring that has caused me so much grief, that each day is a new hell because... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 26, 2015

You have to have evidence, not just thoughts. A big piece of evidence might be a photograph of the thermal imaging device. Yes, your substance abuse is quite damaging to whatever case you think you might be able to bring.

1 Answer | Asked in Criminal Law for Utah on
Q: male of 23 y.o. can have sex with a 16 y.o. female without getting in trouble in Utah? even if her parents try to?
Brian K Jackson
Brian K Jackson
answered on Aug 19, 2015

No. That's statutory rape. If an individual has sex with a minor they will automatically be charged with rape even if she consents you will be charged for that crime.

1 Answer | Asked in Criminal Law for Utah on
Q: Can a 18 year old have sex with a 16 year old or is that against the law and by consequence be charged?
Brian K Jackson
Brian K Jackson
answered on Aug 19, 2015

Automatic charge for statutory rape for a crime like that.

1 Answer | Asked in Criminal Law for Utah on
Q: If someone is on probation who do I call or email to inform that the inmate is using drugs or breaking parole rules.

If they admit to using in ther text mesg. Is that incriminating to probation viol station

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 28, 2015

Pehaps you should try to speak with the probation officer? Does that make sense?

1 Answer | Asked in Criminal Law for Utah on
Q: For someone to be caught shoplifting do they have to catch them before they leave the store
Craig L. Pankratz
Craig L. Pankratz
answered on Mar 4, 2015

No. It is not necessary to catch the person before they leave the store.

1 Answer | Asked in Criminal Law for Utah on
Q: Is 41-6a-904(2)(A) an infraction or misdemeanor?
Carl Norman Anderson III
Carl Norman Anderson III
answered on Jan 12, 2015

A violation of 41-6a-904(2)(A) is a class C misdemeanor.

Utah Code Ann. 41-6a-202 states that any violation of Chapter 6a is either a class C misdemeanor or an infraction, unless it is specifically provided otherwise in the statute allegedly violated. Violations of Parts 2, 11, 17, and...
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1 Answer | Asked in Criminal Law for Utah on
Q: If you are extradited from one state to another one do you have to do probation still in the first state

I was incarserated in california and when my

prision time was done i was extradited to utah for

felony charge. now im done with utah, and

sentenced but now california probation is saying i

have to do probation in california i was told since

i was extradited... View More

Carl Norman Anderson III
Carl Norman Anderson III
answered on Jan 13, 2015

When you were extradited, California relinquished their right to hold you, but they did not relinquish their right to supervise you. If your sentence included a term of probation or if a condition of your release was parole, then California has the right to supervise and can issue a bench warrant... View More

1 Answer | Asked in Criminal Law for Utah on
Q: I got charged with contributing to the delinquency of a minor but i am not 21 do i need to worry about this
Cory Hundley
Cory Hundley
answered on Dec 25, 2013

Any time you face criminal charges, you should be very active in protecting your rights and defending the charges. You do not have to be 21 to face adult criminal charges. 18 years old is considered an adult and you can be charged with contributing to delinquency before age 21. You should speak to... View More

1 Answer | Asked in Criminal Law for Utah on
Q: In Tooele, Utah, can they hold someone in jail for more than 72 hours; and discount 48 hours over a weekend, and no holding charge?
Todd Alan Peterson
Todd Alan Peterson
answered on Oct 9, 2013

Under Utah Rules of Criminal Procedure Rule 7, individuals arrested without a warrant must have a probable cause determination made within 48 hours, not counting weekends. However, this determination can be made by a judge without actually having the defendant in front of him/her so in a lot of... View More

1 Answer | Asked in Criminal Law for Utah on
Q: What does sexual exploitation of a minor 2nd degree felony mean? What qualifies this as a charge?
Russell Pietryga
Russell Pietryga
answered on Aug 16, 2012

In Utah, defendant commits sexual exploitation of a minor: when they: knowingly produce , possess, or possess with intent to distribute child pornography ; or intentionally distribute or view child pornography; or if the defendant is a minor’s parent or legal guardian and they knowingly consent... View More

1 Answer | Asked in Criminal Law for Utah on
Q: Do I u need an atty to fight charges including drugs when there has been a past? Can it be fought with public defender?

Charges include Charge1- 58-37-8(1)(A)(III), Charge2-58-37-(2)(D), Charge 3- 76-10-503(3)(A), Charge4- 58-37A-5(1), Charge 5- 76-8-305. My friend does have a past but has completed drug treatment programs and has always followed the ruled of his probation. The case sounds bad but he had only... View More

Russell Pietryga
Russell Pietryga
answered on Aug 18, 2012

It is wise to have an attorney anytime you are charged with a crime. If your friend cannot afford an attorney the court will appoint an attorney to represent him. A public defender is an attorney and they can represent(i.e., fight for)your friend.

The sooner your friend requests a public...
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1 Answer | Asked in Criminal Law for Utah on
Q: In utah a aggravated assult what are possiable charges
Russell Pietryga
Russell Pietryga
answered on Aug 19, 2012

Degree- An aggravated assault is a 3rd degree felony unless the victim suffers a serious bodily injury , in which case it can be charged as a 2nd degree felony.

Elements- A defendant commits an aggravated assault when they commit an assault and use: a dangerous weapon ; or other means or...
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1 Answer | Asked in Criminal Law for Utah on
Q: What are normal conditions of probation for a Class B/C Misdemeanor?
Russell Pietryga
Russell Pietryga
answered on Aug 19, 2012

Depends on the underlying offense. For instance, a DUI class B misdemeanor will have some mandatory terms of probation. Where other offenses may simply have community service, fine, and no further violations.

You would have to tell me exactly what you were charged with before I could tell...
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