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answered on Jun 12, 2011
Normally, no the police must get a warrant or consent in order to search your home. However if there are "exigent circumstances" like knowing a person is being assulted in your home, they are in "hot" pursuit of a suspect, or have cause to belive the individuals are destroying... View More
answered on Jun 12, 2011
If you think there is any chance of being charged with the crime the police are interrogating you about then YES, ask for an attorney and exercise your right to silence. By talking to the police you are only helping them gather evidence against you. Often they will make promises like saying they... View More
answered on Aug 19, 2012
Burglary (Utah Code 76-6-202)
Degree- Depending on the facts, burglary can be charged as a 2nd or 3rd degree felony.
Elements-A defendant commits a 2nd degree felony burglary when they enter or remain unlawfully in a dwelling or any portion of the dwelling with the intent to... View More
The charge is "theft" what degree felony or misdemeanor is it? and what is the lawcode (ex: 76-4-406.1)
answered on Aug 19, 2012
Theft(Utah Code 76-6-404)
Degree- Depending on the facts, theft can be charged as a 2nd degree felony, 3rd degree felony, class A misdemeanor or class B misdemeanor.
Elements-A defendant commits a 2nd degree felony theft when they obtain or exercise unauthorized control over the... View More
answered on Aug 19, 2012
Sexual exploitation of a minor (Utah Code 76-5b-201)
Degree-2nd Degree Felony
Elements-A 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... View More
Can bob get off on a technicality? dont they have to prove that he did it on purpose or it doesnt count.
answered on Jan 11, 2011
In Utah, criminal mischief is usually charged where a person person "intentionally damages . . . the property of another." Whether the damage was done "intentionally" can be up to a jury to decide. The fact that a defendant can't remember what happened could actually work... View More
I lent her the items while i was on my 2 year Mormon mission. i have since returned and asked for them back, but she refuses to give them up, saying that "I gave them to her". some of the things that she has she didn't have permission to have in the first place. what should i do in... View More
answered on Jan 7, 2011
Theoretically, you could sue her in small claims court (assuming these are not very valuable items), or you could call the police and report the items as stolen. Whether you succeed in court would depend in part on who a jury or judge believed. If the jury/judge believed her when she said that... View More
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