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Utah Criminal Law Questions & Answers
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 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 »

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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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 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 Criminal Law for Utah on
Q: Charge is Possession of a credit card. It was found in my bosses vehicle and I was charged

I was taking a nap in the vehicle when a cop showed up . Keep in mind we’re at my work property, the cop knocks on the rear passenger window and says we got a call on a dog in the back of a vehicle.

William Melton
William Melton
answered on Jul 7, 2022

There isn't enough information here. What is your question? You should contact an attorney directly for assistance. If you have been charged with a crime and cannot afford an attorney the court will appoint one for you.

2 Answers | Asked in Criminal Law for Utah on
Q: My boyfriend hes being charged with burglary on 3rd degree with unlawful intry he being charged on a fingerprint only

They have him in jail since April 17 on a fingerprint his appointed lawyer don't help him he just wants him to sighn a paper to send him to prison I dont think he should be in there only for a fingerprint they have no other evidence against him hes not on camera they have no Witnesses the... Read more »

Aric M. Cramer
PREMIUM
Aric M. Cramer
answered on Jun 27, 2022

You need to hire an attorney to represent him then.

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1 Answer | Asked in Criminal Law and Employment Discrimination for Utah on
Q: Is it illegal for a person to lie to police, in an attempt to have someone punished for crimes they didn’t commit?

It just seems like certain demographics of people are used to complaining and using the police to manipulate and get things they want. For example, someone accuses hotel staff for stealing there jewelry, in an attempt comp a free room or reimbursement. They then claim they saw a hotel maid wearing... Read more »

William Melton
William Melton
answered on Jun 20, 2022

The short answer is yes. Lying to the police is illegal and you can get charged with obstruction of justice. Lying to hotel staff is not lying to law enforcement (police).

1 Answer | Asked in Criminal Law and Car Accidents for Utah on
Q: I believed my neighbors where telling the truth regarding me hitting a mail box but I’m realizing they lied?

I was unloading a uhaul, I didn’t consider my blood sugar. I went to move the Uhaul in front off townhomes and out of the alley, my neighbors chased me, I freaked out, I saw one of them wave me down. Came to my senses and stoped to talk to him. They told me, didn’t I notice I hit a mail box, I... Read more »

Mike Branum
Mike Branum
answered on Jun 20, 2022

You have described an incident but you have not asked a question. It appears you have three paths moving forward: 1) pay the fine and take the conviction as is - simplest and quickest resolution which likely has the most significant impact on your insurance (you may want to contact your insurance... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Utah on
Q: In Utah, if a prohibited person on probation lives with you, does the host forfeit their 2nd and 4th amendment rights?

Are safe rooms or a locked Master bedroom where the prohibited person does not have access, legal to store prohibited items?

Mike Branum
Mike Branum
answered on Jun 17, 2022

No, the host does not forfeit their rights, but exercising those rights would likely send the prohibited person to prison. The prohibited person has lost the right to live with someone whose rights have not been limited without inconveniencing that person with having to live AS IF they had also... Read more »

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Landlord - Tenant for Utah on
Q: Is it ok that the state of Utah doesn’t have to prove intent to commit a crime, because they assume everyone lies?

I’ve spoken with multiple attorneys and they said that, in the state of Utah, it doesn’t matter. If you know the laws, because the courts in Utah believe that if they required intent, then everyone would just lie and say they didn’t know the laws.

Utah gets a lot of tourism, and... Read more »

William Melton
William Melton
answered on Jun 14, 2022

It depends on the law, but the overwhelming majority of crimes have an intent requirement that must be proven. There are some crimes such as DUI that are considered strict liability crimes and the state does not have to prove intent. I don't know what attorneys you're talking to, but I... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: Let me ask that in a better way, do you have to have intent to to commit a crime?

Because I pulled over and talked to my neighbors, and I told them to get the information from truck and they knew where I lived and who I was. I even called the HOA and asked my neighbors if they were ok with me returning the truck and getting my car. And they said it was fine. But I’m told none... Read more »

Lance E. Bastian
Lance E. Bastian
answered on Jun 14, 2022

The answer to your question is that you have to have whatever mental state is required as an element of a particular crime. Some crimes must be committed intentionally or with intent, in which case yes, they would have to prove intent. Some crimes can be committed knowingly, recklessly, with... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: Whyd you assume I just wanted to complain about loosing a case?

My attorney gave me empty promises told me a price then that price sky rocketed right after his promise fell through. He then told me if I go to treatment and and stay in contact with him I won't get a warrant well multiple rehabs and calling him withy case managers and talking to his clerk... Read more »

William Melton
William Melton
answered on May 8, 2022

I would suggest reviewing the agreement you signed with the attorney and seeing if they will discuss it with you. If they told you it would cost one amount and changed it it may explain why in the agreement you signed. It is impossible for anyone to explain why an attorney would have advised you a... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: I had a bad court experience and got told to get an attorney or go to the BAR and I want to know if it's worth my time
William Melton
William Melton
answered on May 8, 2022

You cannot go to the Utah Bar because you had a bad court experience. Attorneys have certain standards that they must follow for ethical and other reasons. The Bar oversees those ethical guidelines. They're not the attorney's supervisor that you complain to if you lost a case. If you feel... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: I violated a plea deal, what should I do?

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Aric M. Cramer
PREMIUM
Aric M. Cramer
answered on Mar 18, 2022

Don't talk to the cops - call your attorney right now.

1 Answer | Asked in Criminal Law for Utah on
Q: Does this case cover a person who is on probation or parole?

My fiance was arrested with no new charges for absconding. Is there valid reason to search the vehicle? He was in my vehicle, and the vehicle was searched and then impounded, is the search a violation of rights?

Lance E. Bastian
Lance E. Bastian
answered on Mar 10, 2022

The short answer is: maybe. It depends on a several factors. First, when you say absconding, is that from probation or for failure to attend something pre-trial? If it's the former, it will depend in part on the language of his probation agreement. Second, if your fiance was the driver of the... Read more »

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