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Utah Questions & Answers
1 Answer | Asked in Criminal Law for Utah on
Q: What happens if I’m facing a criminal charge but the officer didn’t put me into the actual report.

The officers police report states that the person being charged. Has the same name as me, but a different date of birth.

William Melton
William Melton
answered on Oct 3, 2022

You need to hire an attorney to represent you. If you cannot afford one, the court will appoint an attorney for you.

1 Answer | Asked in Traffic Tickets for Utah on
Q: I live in Utah but have an out of state licence. I was sited for doing 101 in a 70 on the i15.

I would like to minamize any points on my California record. Therefore is there any steps I can take at my court apperance in order to minamize any impact on my record. Also is there any way to convince the judge to knock the speed down.

William Melton
William Melton
answered on Oct 3, 2022

The judge doesn't have the ability to knock the speed down. Your best chance is to try and persuade the prosecutor to do it. You can reach out to them yourself or hire an attorney to assist you.

1 Answer | Asked in Criminal Law for Utah on
Q: (Utah) I was convicted of F3 Voyeurism, but I might be in a Catch-22 as far as post sentence relief.

I was released from prison in 2019. From my research, I can only qualify for SO Registry removal if my conviction was Misdemeanor Voyeurism and not Felony Voyeurism, however, since I'm on the registry I apparently don't qualify for a 402 reduction, and since I'm convicted of a felony... Read more »

William Melton
William Melton
answered on Oct 2, 2022

I haven't reviewed the statute on the length of registration for your offense, but assuming it is a 10 year registration (10 year from the end of probation) you cannot get a 402 reduction while you're on the registry. There is no exception to this. So you have to be off the registry... Read more »

1 Answer | Asked in Child Custody, Criminal Law, Divorce and Family Law for Utah on
Q: Can dating someone with traffic misdemeanors effect child custody?

Im going through a divorce its been 9 months waiting. I fell in love with someone who has misdemeanors for dumb traffic things. He had some stuff in his teens. Hes changed and wanting to be a fireman or go into marines to be a combat medic. Im worried that my Ex husband who is not a good guy might... Read more »

Aric M. Cramer
PREMIUM
Aric M. Cramer
answered on Sep 30, 2022

This is not a criminal law question. You need a family law specialist.

2 Answers | Asked in Criminal Law for Utah on
Q: In utah during a search warrant do the officers need to be wearing body cams
Aric M. Cramer
PREMIUM
Aric M. Cramer
answered on Sep 29, 2022

It depends on the policy of the department serving the warrant.

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2 Answers | Asked in Criminal Law for Utah on
Q: In utah during a search warrant do the officers need to be wearing body cams
William Melton
William Melton
answered on Sep 29, 2022

Aric is correct. Every police department should have a policy regarding body cameras. You should contact an attorney to represent you. They will know how to get the body cam and the police department's policy.

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1 Answer | Asked in Traffic Tickets for Utah on
Q: Im 17 and got a ticket in Colorado and I live in utah, can my ticket be taken care of over the phone?

I don't know if I have to show up in person to Colorado to get this taken care of or if I can just pay my fine over the phone? On the citation it says that a parent or guardian has to be with me in my "court date" The problem is my parents say they won't drive to Colorado with... Read more »

William Melton
William Melton
answered on Sep 28, 2022

You need to ask an attorney in Colorado to know for sure, but I think you can just pay the fine without appearing. Most states allow traffic tickets to be resolved without personally appearing. You should call the court directly and ask them. They may even have an option for you to... Read more »

1 Answer | Asked in Contracts and Employment Law for Utah on
Q: Do I have to repay a sign on bonus if I was never given a way to pay it back?

I received a letter stating I can make payments on repaying a sign on bonus back they gave me the information to put on the check but never told me where to send it or anything like that, I’ve reached out multiple times and received no response what actions do I need to take on either paying them... Read more »

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Sep 23, 2022

If you are obilated to pay back the signing bonus, just go to their website or look up their business on the state business registration website https://secure.utah.gov/bes/index.html and send a certified check in the mail to their address.

Just because they haven't responded...
Read more »

1 Answer | Asked in Civil Litigation and Contracts for Utah on
Q: Can a used car dealership sell me a car with out emissions being done?

The check engine light came on just a few days after driving it home and the brakes were so bad it was scary to even drive. I'm also paying over $35,000 for a vehicle that isn't worth $11,000 at least not with the shape it's in.

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Sep 20, 2022

Hello,

I am sorry to hear that you are having trouble with your car. I am unsure what you are asking when you say "emissions being done". Are you asking whether a dealership has a duty to make sure the emissions are compliant with state law prior to sale? Or are you saying something else?

Wes

1 Answer | Asked in Criminal Law and Divorce for Utah on
Q: In Utah: Dvrce pndng in MT, X tells my son has a Court Order to take a truck owned b4 we were married - criminal?

RECORDED claiming she has a Court Order (ridiculously false) to take a truck originally titled to my dad, changed to me b4 marriage, she knows I've put $thousands in it, just painted it and am I'm selling it - and makes this claim. Attempted theft by deception?? What about claiming a... Read more »

William Melton
William Melton
answered on Sep 16, 2022

You should report it to law enforcement. I suspect they will tell you it's a civil matter(it's not, but that's how they get out of dealing with it), but I would still make the police report.

1 Answer | Asked in Criminal Law and Federal Crimes for Utah on
Q: my federal case was filed for motion of dismissal does that mean i’m done with court?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 12, 2022

If this is a criminal charge against you, then it appears the Government is dismissing one or all charges against you. However Jeopardy probably does not apply, which means you might get charged later within the SOL. Talk to your attorney and stay out of trouble as you may be watched.

1 Answer | Asked in Criminal Law for Utah on
Q: I am 14 and my partner is 17 will there be any legal trouble when they turn 18

My birthday is in oct 18 theirs is in Nov 2

Lance E. Bastian
Lance E. Bastian
answered on Sep 7, 2022

Assuming I'm understanding correctly with your relative ages, that you will turn 15 in October and your partner will turn 18 in November, the answer is yes. Right now, until you turn 15, consensual sexual activity between you and your partner would be considered unlawful adolescent sexual... Read more »

1 Answer | Asked in Contracts, Probate and Banking for Utah on
Q: If a child gets a cd in her name, she's the only beneficiary, her grandfather was the trustee, can anyone else get the $

The child and grand father are the only names on the acct. The grandfather opened it in her name when she was a baby after the childs father passed away. The grandfather passes and the only 2 names ever on the acct are the child and the grandfather. Can the grandmother pull out the money without... Read more »

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Aug 31, 2022

This depends on the ownerhip of the account. If they owned the account as joint tenants with rights of survivorship, then the grandmother would only be able to access the account if she were claiming some spousal share of her husband, but she would first have to go through a court proceeding to get... Read more »

1 Answer | Asked in Estate Planning for Utah on
Q: My mother wants to block her husband from any inheritance. Can she sign a will giving me the house ?

The husband might even be willing to sign an Affidavit giving her son the inheritance?

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Aug 12, 2022

Hello,

The best thing to do would be to talk with an attorney. By statute, you cannot disinherit your spouse without their permission. I would encourage your mother to get a post-nuptial agreement and then engage in estate planning. I would normally recommend that she set up a trust so...
Read more »

2 Answers | Asked in Criminal Law for Utah on
Q: Can a third degree felony of disarming a peace officers energy device be expunged?

Can a Class A misdemeanor of simple assault on a peace officer be expunged?

Aric M. Cramer
PREMIUM
Aric M. Cramer
answered on Aug 11, 2022

I believe it can.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Utah on
Q: I have 2 children with a man that I haven't seen in 4 years or heard from in 3 years, can I get his rights taken away?

I have 2 children with a man I was with over 5 years ago (we were never married), since then I have had 2 more kids and gotten married. We have no contact with my 2 oldest children's father and he periodically will pay some child support but still owes us thousands of dollars in back child... Read more »

Mike Branum
Mike Branum
answered on Aug 8, 2022

You could incorporate a petition to terminate the father's rights with a petition to adopt the two children if that is what your husband desires and the children are on board (if they are old enough to have a say). If your husband is not planning to adopt the children, there really is not a... Read more »

3 Answers | Asked in Criminal Law for Utah on
Q: Can a judge grant you an early dismissal with a Plea and Abeyance?

Meaning if your Plea and Abeyance said 18 months can a judge dismiss your case and the charges after only 6 months if you have completed all other required terms?

Cliff Venable
Cliff Venable
answered on Aug 8, 2022

Yes.

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1 Answer | Asked in Car Accidents for Utah on
Q: Who is more at fault in a collision involving a car turning left vs. a car driving on a bike lane

Long story short, a family member is trying to turn left into an apartment complex on a 2 way street (and a shared divider). He waited in the divider to turn left as safely as possible and found that moment when the oncoming traffic had come to a complete stop and signaled him to go. He started... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 28, 2022

A Utah attorney could advise best, but your question remains open for three weeks. Until you're able to arrange a consult with a local attorney to analyze the matter under state-specific vehicle and traffic law, this would be a difficult case in most jurisdictions across the nation. Liability... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Utah on
Q: Can a plaintiff without representation request a plea in abeyance from an attorney? What would they need to provide?
William Melton
William Melton
answered on Jul 26, 2022

The plaintiff is the city/state that is prosecuting you. You would be the defendant. You can always represent yourself and contact the prosecutor to see if they will offer you a plea deal (a plea in abeyance is a type of plea deal).

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: What is the Utah code for renters/landlord on rights to terminate a month-to-month lease and time to vacate in utah?

I was given 30 days notice to vacate the premises and exactly 30 days to vacate as from last night (07/18/2022) and he is giving me until 08/16/2022 to do it. My understanding is that I had until the end of the following month of August. To say the least he has been a nusance. I would need a link... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Jul 19, 2022

That is a lot of questions. Most attorneys will do a free consultation in their first appointment. I no longer accept clients on this type of law, but here is a great resource: do a google search for "Utahlegalservices" They help people that can't afford an attorney, and the website... Read more »

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