Get free answers to your Criminal Law legal questions from lawyers in your area.
My sister is being held at Salt Lake County Jail and has two holds one is a US Marshals federal hold and the other an immigration hold. She has only had one court date even thought she has been incarcerated since August. She has had a lawyer come see her twice in 6 months whom claims is a private... View More 
answered on Jan 22, 2021
It sounds like your sister may be dealing with a federal case. Federal cases tend to move slowly; it would not be unusual for a person to have initially appeared before the court in August and to not have had another hearing. By calling an attorney with access to the federal and state systems, you... View More
what do I expect in court? I did exercise my 5 amendment.
answered on Dec 16, 2020
Both of these charges have a maximum punishment of 180 days in jail, but you should not expect jail time. If you are convicted you should expect to lose your license for 6 months and to be ordered to do a substance abuse assessment and treatment. You should talk to an attorney about possible... View More
Is there a chance to remove my name from DCFS database, and somewhere down the line to adopt my cousins in case they get put into fostercare? i'm willing to undergo any psychological testing or other proof to show i am not a danger.
answered on Dec 7, 2020
My reading of the statute is that being on the child abuse registry alone does not prevent you from adopting a child. I don't know the process, if any, for removing oneself from the child abuse registry, but I have successfully completed an adoption for an individual who was on the registry.... View More
Was accused of domestic violence whereas I was arguing with my girlfriend no violence. I slit my wrist was why 911 was called. No medical given. DV charges because he had scratches. But had scratches because police had her walk through the woods in the dark because could not find her on the trail
answered on Nov 18, 2020
Sorry to hear about that. Since you've already been charged, it's too late to do anything with the report or with police. The next stage is addressing these issues in court. There are two ways this can be done: 1. talking with the prosecutor to discuss the factual discrepancies and/or 2.... View More
I told him I left it at home and he took my driver license and didn't give me a ticket or a paper for it im surprise. And I'm just wondering am I good or am I screwed
answered on Nov 18, 2020
No where near enough information to assess your issue. Call a local criminal defense attorney to get a consultation.
Charges are grand larceny and kidnapping (w out physical harm).
My husband was on parole when he got charged with 5 charges Class A misdemeanors dropped to only 2 Class b one was criminal mischief and other from a separate case was for leaving the scene of an accident. These led to him being in prison on a parole violation. He was sentenced this week to two 6... View More
answered on Oct 2, 2020
First, you cannot file a motion on your husband's behalf unless you have a pre-existing power of attorney for some reason. Only your husband or someone with power of attorney for him, like a lawyer, may file a motion in his case.
Second, one cannot run sentences consecutively backwards... View More
The driver was not under the influence and was pulled over because her headlights were not on at 3 am. Accused were residences in Idaho visiting in Utah.
answered on Sep 9, 2020
The short answer is "yes". The officer does not have to have probable cause only reasonable suspicion. Officers may ask occupants to exit the vehicle for officer safety, to investigate a suspected crime, or for just about any other reason they can explain in court. Not having your... View More
I've recently been charged with a class B misdemeanor for shoplifting under $500. I don't have a court date yet but I need legal advice. This is my first charge with anything. I was trying to move to Colorado at the end of September and I still want to but I don't know if... View More
answered on Aug 8, 2020
Consider contacting a Utah criminal defense lawyer. A person convicted of a Class B misdemeanor can face up to six months in jail. Usually, a criminal defendant for a class B misdemeanor needs to make an initial court appearance within 14 days, even it is by video. If the defendant fails to appear,... View More
answered on Aug 5, 2020
Nope, that's the point. However, it will show that you were charged until you expunge the case. Once you get done, contact an attorney to expunge record all together.
Alright, might sound like a weird situation but here we go. I recorded a family therapy session on my phone. It only has the audio. I have epilepsy and part of that is memory problems. So, I recorded the session so I could make a transcript of the session to read over and understand better and... View More
answered on Aug 2, 2020
This is an example of why you do not take legal advice from therapists. This is an extremely complex question and I would need more information to provide the best answer but based on what you have described, I would not be concerned. Even if the recording is technically illegal, which is not... View More
answered on Jul 22, 2020
possibly. you need to set an appointment for an attorney to analyze which cases can be expunged.
Defendant invoked speedy trial rights.
He has Been going threw a split with his wife as of last year she had been having an affair with a police officer she has made many attempts to cause many problems for him. The officer also has arrested him and stole personal property during intake his wedding band He did not include this ring on... View More
answered on Jul 16, 2020
If he does not have a lawyer, he needs to get one ASAP. His lawyer can explain what is happening with the courts.
77-40-105(5)(c)4 or more convictions that include 3 class b misdemeanors. This was the reason I was denied expungement. Is there anything else I can do? These charges are preventing me from getting a decent job and they are all over 5 years old.
answered on Jul 12, 2020
Depending on your history, you could file motions in those class B cases to reduce them to lower level offenses and become eligible for expungement. It’s called a 402 reduction. An attorney could definitely help with this and might be preferable, as this involves a lot of paperwork and court... View More
In a report made to the police in another matter my neighbor told them I am schizophrenic and that is totally %100 flase, she has also spread this falsehood around the neighborhood to other people.
I can file criminal charges right?
76-9-404. Criminal defamation.
(1)A... View More
answered on Jun 30, 2020
Defamation is a civil matter. The police are not going to take a report. What you are referring to is filing a false police report. Unless your mental capacity was relevant to the police matter, it is unlikely criminal charges would be sustained for falsely telling police you are schizophrenic. The... View More
For info on how to go about this?? Thank you
answered on Jun 17, 2020
You can contact the Utah State Bar. They have resources to direct you to legal help. Also, you can contact the Utah Legal Aid Society. They will be great resources.
answered on Jun 10, 2020
Most likely, it is always difficult to give a yes or no answer because so many things in the law are fact specific. But when someone takes your property and refuses to return it that is considered theft.
Currently I work as an exotic dancer and I am licensed with an SOB license. If I go in front of a judge and am found guilty of this, would that revoke my license, I can't find anything online regarding it, it says I need to tell them any past arrests but not what would revoke it. I can't... View More
answered on Jun 2, 2020
The answer would depend on which municipality issued your SOB license. It also depends on what exactly you are being charged with. An arrest or conviction could possibly impact your license. You should contact an attorney immediately if you have been charged in connection with the recent protests.... View More
My ex has a baseless No Contact PO against me. I was sick with several COVID symptoms. While infectious I had visitation with my minor son. I was worried for their whole household. It seemed like exigent circumstances. I told my son who was afraid to tell his mom. I sent her a brief text... View More
answered on Jun 2, 2020
Based on these facts, you could have an excellent defense. If your only communication was regarding a potential emergency (exposure to COVID-19), I suggest hiring an attorney to explain this to the DA and fight the case, if necessary.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
