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Utah Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Utah on
Q: Is the good samaritan law differ from someone calling for a well fare check, where the caller of the check is protected

I was sitting in my vehicle sleeping outside my ex-girlfriend’s house. I woke up and saw four police officers approaching the vehicle, one of the officers asked me to roll down my window. (I replied to him my car is turned off) He then asked me to get my keys and put in the ignition to roll down... Read more »

Lance E. Bastian
Lance E. Bastian answered on Apr 14, 2021

Utah's Good Samaritan Law is different from its welfare check provision, though based on the information you've given, neither appear to apply to this situation. The Good Samaritan Law has to do with a bystander rendering emergency medical aid at the scene of an accident, and it... Read more »

1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and Immigration Law for Utah on
Q: Can an asylum applicant (who has SSN and Employment Authorization because of it) legally buy a gun?

That person it’s not an ilegal or unlawful alien, and it perfectly fits for all the requirements of the BCI and the Federal laws.

Vince Sykes
Vince Sykes answered on Apr 10, 2021

You need to get a permit; whether you can legally purchase or not. Work permit and SS number don’t confer you status. In fact you have no status, but perhaps refugee seeking to remain in the US. And any weapons offense could negatively impact your asylum application.

1 Answer | Asked in Criminal Law for Utah on
Q: * Possible penalties? 76-6-602 retail theft (3 counts) 58-37-8 (2)(A)(l) 58-37-8 (2)(H)(lll) 58-37A-5 (1

My son was arrested and has been charged with the above charges. He will have a Public Defender. Can you please give me an idea of minimum & maximum penalties he will be facing? Thank you ...

76-6-602 retail theft (3 counts)

58-37-8 (2)(A)(l)

58-37-8 (2)(H)(lll)

58-37A-5 (1)

William Melton
William Melton answered on Mar 28, 2021

You didn't specify what degree his charges are. Assuming the thefts are class B misdemeanors then the maximum penalty is 180 days in jail and a $1,000 fine (per charge). The other code section you cited was the possession of a controlled substance code. His charges will depend on the drugs... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: Dear Sir or MadamI have a question about the admissibility of evidence.

I understand that evidence obtained illegally by a private person is admissable but if it was an illegal search by the government or initiated by the government it's not admissible.

Now, in case evidence was obtained illegally by a private person, but there's reason to believe... Read more »

Brent J Huff
Brent J Huff answered on Mar 25, 2021

It Depends. Ultimately it depends on what the Judge believes. What the Judge believes will depend on the facts of a particular case and how well those facts and the relevant law are argued to the Judge by an attorney. For a judge to determine that evidence was obtained in violation of a... Read more »

2 Answers | Asked in Criminal Law for Utah on
Q: What are the fines for interfering with an arrest
Lance E. Bastian
Lance E. Bastian answered on Mar 23, 2021

The standard (and maximum) fine for this offense, which is a class B misdemeanor, is $680. However, Utah courts also, as a matter of course, add a 90% surcharge to such fines. Depending on the circumstances, the fine can often be negotiated to something lower and dropping the surcharge. If that... Read more »

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Utah on
Q: I was convicted through plea bargain of a inchoate and principal offense. But there is a statue that says Utah 76-4-302

It’s prohibited to convict someone of a inchoate and principal offense. What can I do ?

Mike Branum
Mike Branum answered on Mar 19, 2021

Ultimately the answer is "likely nothing." The time to dispute the contents of a plea agreement is prior to entering the plea agreement. The Court takes a lot of time to ask a lot of questions on the day the plea is entered. Questions like: "Have you reviewed the agreement?"... Read more »

2 Answers | Asked in Criminal Law for Utah on
Q: De novo case on unclaimed felony Mislaid wallet in evidence, precedent case referral

In evidence unclaimed for +9 months w/zero conversion on additional 3 misdemeanor charges of 3 credit cards in wallet & 3&1/2 months served before plea of abbayance.

William Melton
William Melton answered on Feb 26, 2021

It isn’t clear what you’re asking. Can you ask your question again?

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1 Answer | Asked in Criminal Law and Immigration Law for Utah on
Q: Can you be held in county jail on federal hold with no charges?

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... Read more »

Brent J Huff
Brent J Huff 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... Read more »

3 Answers | Asked in Criminal Law for Utah on
Q: was charged with possession 58-37-8(2)(D) and use or possession 58-37A-5(1) both misdemeanors. in SLC,UT what to expect?

what do I expect in court? I did exercise my 5 amendment.

Cliff Venable
Cliff Venable 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... Read more »

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1 Answer | Asked in Adoption, Criminal Law and Family Law for Utah on
Q: I am on a Child Abuse Registry for a chronic offense but never criminally charged what to do to remove name?

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.

Lane Wood
Lane Wood 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.... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: I got pulled over in utah for having my light of at night and he asked for proof of insurance but I didnt have insurance

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

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Nov 18, 2020

No where near enough information to assess your issue. Call a local criminal defense attorney to get a consultation.

1 Answer | Asked in Criminal Law for Utah on
Q: What can I do if a police report was exaggerated and misleading to the actual event

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

James J. Lee
James J. Lee 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.... Read more »

2 Answers | Asked in Criminal Law for Utah on
Q: If crime took place 98% in utah 2% i Nevada, can both states prosocute same incident or who has legal juristiction ?

Charges are grand larceny and kidnapping (w out physical harm).

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Oct 13, 2020

Not enough information to answer the question.

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2 Answers | Asked in Criminal Law for Utah on
Q: How do I file a motion to get court to change class b in UT from consecutive to run concurrent to parole violatoion time

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... Read more »

Mike Branum
Mike Branum 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...
Read more »

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1 Answer | Asked in Criminal Law for Utah on
Q: In Utah, can the police ask a minor who is a passenger to step out of the vehicle and test them for alcohol consumption?

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.

Mike Branum
Mike Branum 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... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: Is it a bad idea to move out of state before a court hearing for a class B misdemeanor for shoplifting under $500?

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... Read more »

Brian Craig
Brian Craig 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,... Read more »

2 Answers | Asked in Criminal Law for Utah on
Q: If I successfully complete my plea in abeyance, will the misdemeanor A still show up on a background check?
Brent J Huff
Brent J Huff 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.

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1 Answer | Asked in Criminal Law, Family Law, Communications Law and Health Care Law for Utah on
Q: Can I record a teleheatlth appointment?

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... Read more »

Mike Branum
Mike Branum 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... Read more »

2 Answers | Asked in Criminal Law for Utah on
Q: I have an extensive criminal record that is over 15 years old, d, three prison terms, Can i get them expunged
Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Jul 22, 2020

possibly. you need to set an appointment for an attorney to analyze which cases can be expunged.

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1 Answer | Asked in Criminal Law for Utah on
Q: This order means” Defendants attorney moves to dismiss case and gives basis. State objects. Court denies the request.”

Defendant invoked speedy trial rights.

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Jul 21, 2020

Not sure what your question is.

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