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Utah Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Juvenile Law for Utah on
Q: My friend's parents have already had DCFS take their children from them once. Can they turn off their kids mobile data?

They got the kids back and they've been told by DCFS that they can't take away their kids doors.

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're asking about a sensitive situation involving your friend's family and DCFS (Division of Child and Family Services). To address your specific question:

Parents generally have the right to control their children's access to technology, including mobile data....
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1 Answer | Asked in Criminal Law for Utah on
Q: If I was arrested for warrants and I'm in my car do they s right to impound my car

So if they are nothing in car and they impound the car but I was not doing anything to justify a traffic stop can they still impound the cst

James L. Arrasmith
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answered on Jun 10, 2024

If you were arrested for warrants while in your car, the police might have the right to impound your vehicle. Typically, if you are taken into custody and there is no one else to take possession of the car, law enforcement can impound it to ensure it is not left unattended.

Even if there...
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2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Utah on
Q: Can they charge burglary if never entered building and was just giving a ride with no knowledge of a crime happening

2 people I know robbed a business in utah stealing the safe. I had no idea a crime was committed and was only there because they called for a ride home and gave me an address . I'm seen o. Camera picking them up but never got out of the car and only drove them home and left. Was pulled over... View More

James L. Arrasmith
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answered on Jun 3, 2024

It's unlikely that you can be charged with burglary if you never entered the building and had no knowledge of the crime. Your situation revolves around proving your lack of intent and involvement in the actual burglary. Showing the messages that you received from the individuals asking for a... View More

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1 Answer | Asked in Criminal Law for Utah on
Q: Is attempted assault a real thing?

I would have been physically assaulted by a manager of a KOA Campground in Utah if his wife had not stepped in to intervene

John Michael Frick
John Michael Frick
answered on May 1, 2024

Under Utah law, an actor commits assault if the actor:

(a) attempts, with unlawful force or violence, to inflict bodily injury on an individual.

So, for example, if the manager attempted to unlawfully punch you in the face but his wife stepped in between you and intercepted the...
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1 Answer | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Municipal Law for Utah on
Q: Whats the punishment in Utah for registering to vote under a po box, but it's still in the district where you live?
James L. Arrasmith
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answered on Mar 8, 2024

Registering to vote using a P.O. box instead of a residential address can raise concerns under Utah law, as voter registration typically requires a physical address to ensure you are voting in the correct district. While the intention might be to remain within legal boundaries, especially if the... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Utah on
Q: If you roofie someone then coerce them to drive on the highway to ensure they're driving when knocked out. What crime?

This happened to me.I have spent the last 12 years trying to get justice ever since. It's a disgusting abomination of justice I am determined to correct.

James L. Arrasmith
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answered on Feb 23, 2024

What you experienced is a serious criminal offense that involves multiple violations of the law. Roofie-ing someone with the intent to incapacitate them and then coercing them to drive while they are unconscious constitutes a range of offenses, including but not limited to drug-related crimes,... View More

1 Answer | Asked in Criminal Law for Utah on
Q: Question on 76-6-506.3. Financial transaction card offenses -- Unlawful acquisition, possession, or transfer of card.

Charged in 2016 but due to homeless and life issues, still have not gone to court but the allegations are completely false. Also wondering if there is a statue of limitations.

James L. Arrasmith
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answered on Feb 23, 2024

Given that you've been charged under section 76-6-506.3 related to financial transaction card offenses, it's crucial to address the situation promptly to avoid further complications. Despite the challenging circumstances you've faced, it's essential to prioritize resolving the... View More

1 Answer | Asked in Federal Crimes and Criminal Law for Utah on
Q: If I am 16 almost 17 and my bf is 18 almost 19 and we had sex and I got pregnant is there a way to keep him out of jail?

My parents knew about the whole thing they are okay with it. His parents think we only did it once can we just get married? It's utah law.

James L. Arrasmith
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answered on Jan 23, 2024

Based on the information provided, it seems unlikely your boyfriend would face legal charges in Utah, even though you are under 18. Here are a few key reasons why:

- Utah's age of consent is 16 years old. This means a 16 or 17 year old can legally consent to having sex with an adult,...
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1 Answer | Asked in Criminal Law, Communications Law and Internet Law for Utah on
Q: How do I report electronic harassment after multiple attempts to stop or block the harasser?

I've been contacted several times from the same person using several different numbers after blocking them each time that is harassing me claiming that I am someone else that they know that owes them a couple hundred bucks and is going to report them (me) to their commanding military officers... View More

James L. Arrasmith
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answered on Jan 14, 2024

To address this situation of ongoing electronic harassment, you should first document all instances of communication from the harasser. Even though you've deleted initial conversations, the screenshots and records of subsequent contacts are valuable. Keep a log of all interactions, including... View More

1 Answer | Asked in Criminal Law for Utah on
Q: In Utah is there a certain amount of time in which you must be sentenced???on a Misdemeanor- case???

I pled guilty to a possession pf controlled sub for marijuana and a shoplifting sheilding devices charge on 3-3-2020. The judge ordered a pre sentence report, sentencing was to be 50days after 3-3 The court rescheduled it, but I never received the notice because someone sent it back as not at this... View More

William Melton
William Melton
answered on Dec 11, 2023

No, there isn't a certain amount of time. However, you have been sentenced. The judge sentenced you to jail, but you have been a fugitive. You should consult with an attorney to help you finish the case. If you've stayed out of trouble they may be able to use that to help with your sentencing.

3 Answers | Asked in Criminal Law and Personal Injury for Utah on
Q: I got into a situation defending a friend that was being beaten up I have charges being filed on me

I was visiting a friend and there was an argument between us and the neighbors . My friends boyfriend went outside and the neighbors started physically assaulting him. I went put to help him and one of them hit me from behind in the eye with a weapon. All of a sudden I hear gun fire and I pull... View More

Mike Branum
Mike Branum
answered on Aug 30, 2023

Your question has a long list of variables. You really do need to sit down with a qualified criminal defense attorney who can review your criminal history (if any) and the charges you are facing, and discuss the circumstances of your arrest to determine what the best course of action is in your... View More

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1 Answer | Asked in Legal Malpractice and Criminal Law for Utah on
Q: Regarding the Miranda rights, I was just curious what the right to attorney would entail?

This would occur in Utah.

T. Augustus Claus
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answered on Aug 9, 2023

The right to an attorney, a part of the Miranda rights, ensures that individuals have legal representation during custodial interrogations. In Utah, as in the rest of the U.S., this right includes the option to remain silent and the right to legal counsel. If you're in custody and the police... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Utah on
Q: I pressed charges for finding marijuana in my son's(15) but now 2 days later I am dying with regret. Can I drop those?
William Melton
William Melton
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.... View More

2 Answers | Asked in Criminal Law for Utah on
Q: Im wondering what an affirmative defense means in utah pertaining to an overdose and who can claim it and how

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... View More

Mike Branum
Mike Branum
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... View More

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2 Answers | Asked in Criminal Law for Utah on
Q: My husband hit my ex’s car window, now he’s being charged with disorderly conduct. Is getting an attorney worthwhile?

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... View More

Mike Branum
Mike Branum
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... View More

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2 Answers | Asked in Criminal Law for Utah on
Q: My husband hit my ex’s car window, now he’s being charged with disorderly conduct. Is getting an attorney worthwhile?

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... View More

William Melton
William Melton
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... View More

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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Utah on
Q: I was stereo typed, passing this cop, he flipped around as i pulled into my trailer park which is posted no trespassing

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... View More

William Melton
William Melton
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... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Utah on
Q: What are the minimum sentences for 18USC 287, 18USC 371, 18USC 641 and 18USC 1956 (h). I know the maximums. Thank you
James L. Arrasmith
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answered on Jun 22, 2024

For the federal statutes you mentioned, here are the minimum sentences:

1. 18 USC 287 (False, fictitious, or fraudulent claims): No mandatory minimum sentence.

2. 18 USC 371 (Conspiracy to commit offense or to defraud United States): No mandatory minimum sentence.

3. 18 USC...
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2 Answers | Asked in Gov & Administrative Law, Criminal Law and Legal Malpractice for Utah on
Q: I asked my public defender to file a motion and a affidavit I wrote up.and he told me they don't do that. Is he correct

Or is he not

Catherine Cleveland
Catherine Cleveland
answered on Jan 9, 2024

Your attorney has no obligation to file the documents you drafted.

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1 Answer | Asked in Criminal Law for Utah on
Q: I have a friend on parole. He got a violation and was sent to jail to await the parole board. Can he have a lawyer
Aric M. Cramer
Aric M. Cramer
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.

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