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Utah Criminal Law Questions & Answers

4 Answers | Asked in Criminal Law for Utah on

Q: Is it advisable to bring my paper to read my "testimony" off of? Or does that make for irrate judges?

This is for a second degree felony drug charge, I was offered a third degree felony and they would take off the DUI. i am shooting for a Class A misdemeanor with the DUI. I am a freelance writer, the "letter" is very proper in manner, persuasive yet honest. Court makes me nervous at times which... Read more »

Gary Kollin answered on Aug 21, 2019

You have a lawyer. This is exactly the thing you should be discussing with your lawyer instead some unknown attorney on the internet who especially cannot review what you wrote

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3 Answers | Asked in Criminal Law and Real Estate Law for Utah on

Q: How do i prevent someone from coming onto my property when they have been verbally instructed not to but still do.

There has been physical altercation between the individual and one of the residents as well. Despite numerous times of being told to not come onto our property or into our home the individual has continued to do so. It is the boyfriend of one of our children. Neither are residents.

Mr Aric M Cramer Sr. answered on Aug 16, 2019

This is not a criminal law issue or question.

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2 Answers | Asked in Criminal Law and Small Claims for Utah on

Q: Person keeps product, credit card company refunds money

A person in another state buys a product from me he called me telling me it was damaged I asked him to take a photo and text it to me so I could help him with a replacement he refused then told me he wished he would have bought a cheaper one at Walmart and told me to send him a shipping label so he... Read more »

Wesley Winsor answered on Aug 13, 2019

No, this is illegal. He has breached his contract. The contract was made when he purchased the product. If you want recovery, you can sue in small claims for the price of the product and service fees. It may not be worth your time, but you have a cause of action.

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2 Answers | Asked in Criminal Law for Utah on

Q: What's the statue of limitations?

I went to a grocery store in 2013 and they accused me of stealing some pens but they just said to leave and to never come back which I didn't until today so can the company still file charges even though it's been so long?

Brent J Huff answered on Aug 11, 2019

2 years for a misdemeanor. 4 for a felony. So the theft allegation from 2013 would be past the statute. However, a trespass charge could be filed for returning.

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2 Answers | Asked in Criminal Law, Family Law and Juvenile Law for Utah on

Q: so I am just wondering if I should get a laywer for my daughter my only thing is I dont have the money for one well

not a down payment my daughter is 11 years old and is getting charged with a felony and a class b misdominer her and a friend went to walmart and on the way in found a credit card went in used the credit card for like 15 .00 than tryed to pull money out at the ATM witch mind you did not work at the... Read more »

Mike Branum answered on Aug 7, 2019

Your daughter is entitled to a court-appointed attorney. I am not sure a privately-retained attorney would have much advantage over the public defender in this case.

Hopefully your daughter can get some assistance coping with the losses she has sustained in her young life.

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1 Answer | Asked in Criminal Law for Utah on

Q: Is it best to get three sentences aggregated in Nevada?

My son is serving 26 to life for three crimes that happened all within minutes. The incident happened in 2013. He took a plea in 2018. He received 20 to life for one. He received 3-15 for each of the other two.

Mr Aric M Cramer Sr. answered on Jul 24, 2019

Your question is unclear. I am not licensed in Nevada.

1 Answer | Asked in Criminal Law and DUI / DWI for Utah on

Q: just need to know if therers an alternate charge for a class a possession charge in utah that does't effect my drive

Mr Aric M Cramer Sr. answered on Jul 18, 2019

Not enough information to answer. Set up a consultation with a local criminal defense attorney.

2 Answers | Asked in Criminal Law for Utah on

Q: was going to confront an online pedobaiter scammer but turns out to be a police officer

i was on a online 18+ dating site that's known for its high density of scammers and fake account, and came across someone pretending to be a minor, the whole conversation was a painfully apparent that it was someone trying to expose pedophiles so i social engineered the conversation for a meet up... Read more »

Gary Kollin answered on Jul 1, 2019

Retain counsel you need it. I foubt snyone will believe your story

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2 Answers | Asked in Criminal Law for Utah on

Q: I got arrested because someone put stuff under passenger seat why do they refuse to fingerprint the evidence?

It was under his seat I didn't know it was there and because I owned the vehicle they charged me I had never seen it or touched it but they won't fingerprint it I even offered to pay for them to do it. Is there someway to get it done?

Mr Aric M Cramer Sr. answered on Jun 27, 2019

Have your attorney get an order for independent testing. They should know how. If you don't have an attorney - get one .

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2 Answers | Asked in Criminal Law for Utah on

Q: Someone says they field charges against you. But you havnt hurd from the cops or anything?? What do you do?

Someome says I stole a card from them spent their money. And said they field a report. What should I do

Gary Kollin answered on Jun 25, 2019

What are field charges?

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1 Answer | Asked in Criminal Law, Juvenile Law and Sexual Harassment for Utah on

Q: When I was 9 (I'm 14 now)someone tried to rape me and did sexually assault me can I press charges w/ no evidence?

Benjamin Oxford answered on Jun 7, 2019

You can certainly file a police report, because your own testimony is evidence. However, whether charges can be brought depends on the statute of limitations that exists in your state. Most states allow charges to be brought until a certain amount of time after you turn 18 years of age. So, most... Read more »

3 Answers | Asked in Criminal Law and Juvenile Law for Utah on

Q: My 12 year old son may be charged with assault for a school fight. At what point should I hire an attorney?

They say he will be charged with assault. How will I know this has happened? Both kids shoved each other, but my son shoved first. Should we fight this? At what point should I hire an attorney? The other kid's father is a lawyer.

Gary Kollin answered on May 9, 2019

NOW. YESTERDAY. LAST WEEK.

Waiting to hire a lawyer until the charge is like waiting to have the cavity filled until you need a root canal.

If you were being investigated you would want an attorney now.

He needs to have his rights protected. He needs to know to stop talking...
Read more »

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3 Answers | Asked in Criminal Law for Utah on

Q: I ended up getting him drugs thinking that he was an old associate of mine but he was really an undercover cop that got

Is that entrapment

Christopher J. Salcido answered on May 4, 2019

Sorry you didn't provide enough information to give a meaningful review of your case. I would suggest calling speaking with a criminal defense attorney.

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1 Answer | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Utah on

Q: Hi my name is Breann Alexander my phone # is 385-404-2068 and my email is Breannalexander801@gmail.com

My vehicle was towed out of my driveway without my consent i was not givin a 24hr notice to move my vehicle or anything there is not any signage around where i live and i had no clue where my vehicle was took to until i recived a note from the post office about a week later saying theres a letter i... Read more »

Mike Branum answered on Apr 17, 2019

According to Utah Administrative Code you should have received a copy of the Utah Consumer Bill of Rights Regarding Towing as soon as you were contacted by the towing company. If you did not, you can file a complaint with UDOT on their website (www.udot.utah.gov). You may have a claim for damages... Read more »

1 Answer | Asked in Criminal Law for Utah on

Q: IF U ARE CHARGED WITH ATT. AGGR. MURDER, YOUR VICTIM DIES 2 YEARS LATER? CAN U BE CHARGED W MURDER?

Gary Kollin answered on Apr 10, 2019

You have an attorney. Why are you not discussing this with your attorney?

1 Answer | Asked in Criminal Law for Utah on

Q: IF U R CO DEFENDENTS W YOUR SPOUSE AND U R BOTH BEING CHARGED W THE SAME CRIME? CAN 1 TAKE ALL THE CHARGES?

MY HUSBAND AND I GOT RAIDED BY STRIKE FORCE FOR SUSPICION OF DISTRIBUTION? MY HUSBAND TOLD THEM EVERYTHING IN THE HOUSE WAS HIS? BUT THEY CHARGED US BOTH? IF MY HUSBAND GOES INTO COURT AND PLEADS GUILTY AND I PLEAD NOT GUILTY? WOULD THEY DROP THE CHARGES AGAINST ME?

Gary Kollin answered on Apr 10, 2019

You and he should discuss this with your respective attorneys. No internet attorney can provide an accurate answer based on the limited information.

It is like asking a doctor to diagnose a patient over email

2 Answers | Asked in Criminal Law for Utah on

Q: Do I have to accept a drug charge?

I was traveling through utah to Colorado where I live. I got pulled over cop asked to search I told him I had a bowl of weed and a pipe. I was not using it just traveling with it and I have no drug record this will ruin my chances for a good job

Mike Branum answered on Mar 20, 2019

You may plead no contest or guilty and petition the court, with the agreement of the prosecutor, for a plea in abeyance. With a plea in abeyance, if you stay out of trouble for a year you may have the charges dismissed.

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1 Answer | Asked in Criminal Law for Utah on

Q: What does a written warrant have to contain of to be a legal search warrant

Mike Branum answered on Mar 20, 2019

To OBTAIN the search warrant, an officer must attest to facts which prove to a judicial officer that the officer has enough probable cause for the warrant to issue. As far as what has to actually be contained within the warrant itself? The warrant must adequately describe WHAT the officer is... Read more »

1 Answer | Asked in Criminal Law for Utah on

Q: I have a warrant for criminal court and have to go to DCFS court, will they know about the warrant and take me to jail?

Mr Aric M Cramer Sr. answered on Mar 14, 2019

Probably. Best to clear the warrant ASAP.

2 Answers | Asked in Criminal Law and Federal Crimes for Utah on

Q: How do I prove my husband's innocence with a gun charge? His brother and I are an eye witnesses to his innocence.

The cops never searched him when they got the call. They only called him. He is currently in prison for this. They have no prof/evidence there was ever a gun. Just by word of mouth.

Christopher J. Salcido answered on Mar 9, 2019

To answer your question properly would require a more detailed conversation then what can probably be responded to here. You should speak with a criminal defense lawyer asap.

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