
answered on Jan 8, 2023
No, you can't. It is a common misconception that the person who reports something to the police is "pressing charges." That is now how it works. You may report the case, but one you do it is out of your hands. The government (the prosecutor) is always the one who brings the charges.... Read more »
Im wondering if the person who overdosed can claim affirmative defense and how it works. Its 58-37-8(16) of the utah crimial code im wondering about. About a month ago i overdosed and i was arrested. Now im facing possesion charges. I dont have a lawyer so i have been trying to research as much as... Read more »

answered on Dec 1, 2022
As Mr. Cramer has stated, you really need an attorney whether you qualify to have one appointed or whether you are able to retain private counsel. You can argue an affirmative defense, but that defense would be argued at trial and over 90% of criminal cases resolve before trial. Counsel will be... Read more »
I was trying to speak to my ex husband about our children, and he disrespectfully rolled up his window while repeating, “I don’t care.” My husband approached the vehicle. He slapped the car window (open palm) to get my ex’s attention and asked him to listen to me. My ex then rolled the... Read more »

answered on Nov 28, 2022
Consulting an attorney could be particularly important if the disorderly conduct charge carries a "domestic violence tag." There could be Second Amendment rights implications in the future under the federal Violence Against Women Act. A defense attorney may be able to negotiate a... Read more »
I was trying to speak to my ex husband about our children, and he disrespectfully rolled up his window while repeating, “I don’t care.” My husband approached the vehicle. He slapped the car window (open palm) to get my ex’s attention and asked him to listen to me. My ex then rolled the... Read more »

answered on Nov 25, 2022
It is always a good idea to consult with an attorney. Disorderly conduct can be charged as an infraction or as a misdemeanor. You should definitely at least speak to an attorney so they can advise your husband on the potential penalties of the charge. Having the disorderly conduct could come back... Read more »
Our lots are owned by the people not rented. He sped up im already around the corner and pulled up to my house. Flips his lights. He asks for my info and pulled me out of my truck. Doesnt say or ask anything takes his dog and goes right in my truck. Can he do that? Im asking him hey where is your... Read more »

answered on Nov 18, 2022
You need to contact an attorney to review and assist you in your case. You need an attorney. Do not speak to anyone about the case and consult with an attorney. Based of what you're saying there are likely many issues with the officers conduct, but until an attorney looks at all the police... Read more »
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 »

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 »

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.

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.
My birthday is in oct 18 theirs is in Nov 2

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 »

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).
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 »

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

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 »
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 »

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 »
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 »

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 »
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 »

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 »

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 »

answered on May 10, 2023
They are not entitled to a lawyer on a revocation hearing. They may hire one to appear as a "friend", but no one will be appointed like a public defender. There are attorneys who specialize in Board hearings.
I was a passenger in a vehicle, traveling with my service dog from CA.To UT. Driver was pulled over for expired tags.The officer(#1) asked driver for lic/reg/ins then asked me to show my DL to a female officer(#2) who came up to my window.I complied.#1 asked driver to step out/sit in the front seat... Read more »

answered on Apr 27, 2023
Well you need to contact an attorney who practices in the area where you were stopped. Give them your name and the county where you were charged and tehy can look up your charges and the probable cause statement ti advise you.
I accidently hit a vehicle in a parking lot moving it 10 to 20 feet. I left the scene because someone outside pointed a gun at me. When I did speak to the police and recounted what happened he omitted that the car I hit was parked unoccupied in the driving lane at the end of a row of parked cars,... Read more »

answered on Apr 19, 2023
If your current attorney isn't helping, you may need to hire a different attorney.
I had already moved

answered on Feb 21, 2023
Well you haven't asked a question, so I don't have a response other than if you would like a consultation feel free to call my office and set up a phone or in person meeting.
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