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Utah Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Employment Law, Family Law and Employment Discrimination for Utah on
Q: AustinCruz here number is 801-608-7994 and email is austincruz8645@gmail.com

with criminal family law and possibly even have you look over my DUI as well due to the nature of my reason of wanting to come meet with you today before 1 is that my probation officer with AP&P decided last time I went and saw him last week that he is not allowing me to see my daughter which is in... Read more »

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Oct 17, 2019

Where do you live?

2 Answers | Asked in Criminal Law and DUI / DWI for Utah on
Q: Expired BAC test tube validity?
Mike Branum
Mike Branum answered on Sep 26, 2019

Results should be suppressed. You have won the lottery! Has to prosecutor offered a plea deal yet? Don't expect your case to be dismissed, mind you, but the state now has a much harder than ahead of them.

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1 Answer | Asked in Criminal Law and Federal Crimes for Utah on
Q: Can the death penalty be imposed for someone with mental/ psychological illness?

A young friend of mine was sentanced to 25 years in prison at age 17 for stealing beer, the attorney assigned to his case did a poor job in defending him. Whilst in prison he was housed with a rival gang member, they got into a fight which resulted in the other inmates death. My friend is now... Read more »

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Sep 23, 2019

The prosecution can seek the death penalty. If he has been charged with agg. murder, and has appointed counsel, they are Rule 8 certified and will look into that issue. Contact them. This constant posting of death penalty issues is not going to get you the answers you want. There are only about... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: What can be done if an inmate is being deliberately targeted by staff and warden?

I have a friend on death row he is separated from the rest of the death row inmates and is being deliberately targeted by staff and the warden, he isn't allowed to participate in programming, he isn't allowed to progress, I have a letter from another inmate stating he was personally told by the... Read more »

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Sep 23, 2019

If he's on death row he has several attorneys. You need to ask them.

2 Answers | Asked in Criminal Law and Federal Crimes for Utah on
Q: I am facing 3 Charges for contributing to a minor for alcohol but I am not of legal age to purchase it and I know the

Adult who did purchase it which then Contributes to minors , can I get these Charges Dropped? I am only 18 and not legal age to purchase

Taylor C. Hartley
Taylor C. Hartley answered on Sep 11, 2019

According to the law, an "adult" for purposes of "Contributing to a minor" is someone who is 18. So, unfortunately, even though you are not of legal age to drink, you are of legal age to contribute to a minor. However, an attorney most likely would still be able to help you with this charge by... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Utah on
Q: I'm on probation and renting a room in my aunts house, can they search the whole house or only my property and room?

In utah

Taylor C. Hartley
Taylor C. Hartley answered on Sep 9, 2019

Normally, law enforcement only has the right to search the area you're renting. If your rental agreement allows you to be in other parts of the house, then you're not just renting a room, but all the common areas, too. The other parts of the house may also be subject to search if you don't have a... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Utah on
Q: Are jury statements taken during an investigation on a death penalty appeal considered as New evidence?

an investigator interviewed jury members as part of the appeal process, where jury members stated a judge had spoken to them during deliberations outside counsel and defendant, and stated that the trial atmosphere was intimidating as the trial was held in a prison in a makeshift courtroom, are this... Read more »

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Sep 9, 2019

Maybe. This is a highly technical area of State and Federal appellate law. Sounds like the Troy Kell case.

1 Answer | Asked in Criminal Law for Utah on
Q: Is it illegal to get a paternity test done on a deceased father in question?

I got a cheek swab from the funeral home in Idaho and brought it back to Utah with me. The family said they are going to press charges. Did I do anything illegal?

Gary Kollin
Gary Kollin answered on Sep 7, 2019

https://law.justia.com/codes/utah/2011/title76/chapter9/section704.html

That seems to be the only statute in Idaho. It appears to me that you did not commit a crime. But you should check with an Idaho lawyer

Generally a statement alone is insufficient for a conviction.

Look...
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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Utah on
Q: What happens when a judge addresses the jury outside the presence of counsel or defendant?

The judge addressed the jury during deliberations in a death penalty case without the defendant or his attorney being present. No notes were made in the trial transcripts of the judge ever talking to the jury members. A jury member stated afterwards that her mind had been made up after the judge... Read more »

Mike Branum
Mike Branum answered on Sep 6, 2019

Yes. If the judge had a conversation with the jury off the record without defense counsel present, an appeal should be filed.

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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
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.
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
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
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
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.
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.
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
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.
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
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
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 »

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