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Utah Criminal Law Questions & Answers
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.

2 Answers | Asked in Criminal Law and Federal Crimes for Utah on
Q: I am looking for some legal advice for a family member he is currently facing criminal charges he is not being treated

He has Been going threw a split with his wife as of last year she had been having an affair with a police officer she has made many attempts to cause many problems for him. The officer also has arrested him and stole personal property during intake his wedding band He did not include this ring on... Read more »

Catherine Cleveland
Catherine Cleveland answered on Jul 16, 2020

If he does not have a lawyer, he needs to get one ASAP. His lawyer can explain what is happening with the courts.

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1 Answer | Asked in Criminal Law for Utah on
Q: Recently applied for expungement and received a denial letter. Says 77-40-105(5)(C) can anybody explain?

77-40-105(5)(c)4 or more convictions that include 3 class b misdemeanors. This was the reason I was denied expungement. Is there anything else I can do? These charges are preventing me from getting a decent job and they are all over 5 years old.

Ian Quiel
Ian Quiel answered on Jul 12, 2020

Depending on your history, you could file motions in those class B cases to reduce them to lower level offenses and become eligible for expungement. It’s called a 402 reduction. An attorney could definitely help with this and might be preferable, as this involves a lot of paperwork and court... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Libel & Slander for Utah on
Q: Someone has committed criminal defamation against me, what do I do? Should i report it to the police?

In a report made to the police in another matter my neighbor told them I am schizophrenic and that is totally %100 flase, she has also spread this falsehood around the neighborhood to other people.

I can file criminal charges right?

76-9-404.  Criminal defamation. 

(1)A... Read more »

Mike Branum
Mike Branum answered on Jun 30, 2020

Defamation is a civil matter. The police are not going to take a report. What you are referring to is filing a false police report. Unless your mental capacity was relevant to the police matter, it is unlikely criminal charges would be sustained for falsely telling police you are schizophrenic. The... Read more »

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Utah on
Q: My daughter is in prison and needs a lawyer for custody case. She asked me to find her a pro bono lawyer and Im looking

For info on how to go about this?? Thank you

William Melton
William Melton answered on Jun 17, 2020

You can contact the Utah State Bar. They have resources to direct you to legal help. Also, you can contact the Utah Legal Aid Society. They will be great resources.

1 Answer | Asked in Criminal Law for Utah on
Q: If someone takes my legal property in their house, I'm a resident there, and refuses to return it, is that theft?
William Melton
William Melton answered on Jun 10, 2020

Most likely, it is always difficult to give a yes or no answer because so many things in the law are fact specific. But when someone takes your property and refuses to return it that is considered theft.

2 Answers | Asked in Contracts, Criminal Law and Civil Rights for Utah on
Q: I was protesting recently and got arrested and charged with indecent public display.

Currently I work as an exotic dancer and I am licensed with an SOB license. If I go in front of a judge and am found guilty of this, would that revoke my license, I can't find anything online regarding it, it says I need to tell them any past arrests but not what would revoke it. I can't... Read more »

Ian Quiel
Ian Quiel answered on Jun 2, 2020

The answer would depend on which municipality issued your SOB license. It also depends on what exactly you are being charged with. An arrest or conviction could possibly impact your license. You should contact an attorney immediately if you have been charged in connection with the recent protests.... Read more »

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1 Answer | Asked in Criminal Law for Utah on
Q: PO Violation due to COVID: Had to violate No Contact PO due to exposure of minor son to COVID.

My ex has a baseless No Contact PO against me. I was sick with several COVID symptoms. While infectious I had visitation with my minor son. I was worried for their whole household. It seemed like exigent circumstances. I told my son who was afraid to tell his mom. I sent her a brief text... Read more »

Ian Quiel
Ian Quiel answered on Jun 2, 2020

Based on these facts, you could have an excellent defense. If your only communication was regarding a potential emergency (exposure to COVID-19), I suggest hiring an attorney to explain this to the DA and fight the case, if necessary.

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Landlord - Tenant for Utah on
Q: I HIRED A guy for home improvments 1200.00 up front. said he could park his trailer on property untill he finishes,

one month ago he has made, no progress bought no materials, and is using the garage as a storage unit, i never allowed use of garage. i want him gone i want to move his stuff to storage for 30 days like i would a tenant who has left there things behind. i would call this theft by deception for... Read more »

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Apr 4, 2020

You need an attorney who practices eviction and real estate law.

1 Answer | Asked in Criminal Law for Utah on
Q: so I got charge for weed misdemeanoer today and I have already filled for my immigration per

Since 17 of this month but I indicate (NO)on form I-485 of being charge of any criminal charges will it affect my form or what should I step to take please

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Apr 4, 2020

Contact your immigration attorney STAT.

1 Answer | Asked in Family Law, Criminal Law and Juvenile Law for Utah on
Q: Our13 year old son (who we’ve adopted out of foster care at age 5) has raped our two daughters age 10 and 3.

He has been charged with 21 counts of rape and sodomy between the two victims. County attorney representing my daughters states he will most likely get 6 months or less of treatment/incarceration. He has already admitted to his crimes to police. County attorney is going to reduce charges to gain a... Read more »

Brent J Huff
Brent J Huff answered on Apr 1, 2020

You can hire an attorney, in Utah victim's of crimes have a right to be heard. One thing you should know is that the juvenile justice system sentences offenders for different purposes that adults. In the District court, a criminal sentence is meant to serve retribution or punishment among... Read more »

2 Answers | Asked in Criminal Law and Internet Law for Utah on
Q: Is it illegal if I use my neighbors address to sign him up for large amounts of junk mail over a long period of time?
Mike Branum
Mike Branum answered on Mar 21, 2020

Yes. Grow up. Find a community service project. Stop being a drain on society.

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2 Answers | Asked in Criminal Law and Probate for Utah on
Q: I was in probation when I was 17 I ranawayand I’m 20 Haven’t had any problems am I good?

When I was 17 I was on probation I did good till about the third month and it kept getting worse and worse living with my dad(he’d get in my face yelling, threaten to hit me, constantly would kick me out then threaten to call my PO for running away constantly degrade me cause my weed charges(2))... Read more »

Brent J Huff
Brent J Huff answered on Mar 10, 2020

You should call an attorney who can look up the case in the CARE system. It seems unlikely that the Court would have any interest in pursuing the case; but, there is no way to know if you are good without determining what occurred in the case.

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1 Answer | Asked in Criminal Law for Utah on
Q: What defines a "loaded firearm" as it pertains to the transport or storage of a weapon in a personal vehicle?

I am located in Utah. I am doing research regarding the purchase of a firearm to keep in my personal vehicle, most likely a shotgun, for self-defense purposes.

Utah law 76-10-505 states that this may not be a loaded rifle, shotgun, or muzzle-loading firearm.

Utah law 76-10-502... Read more »

Mike Branum
Mike Branum answered on Mar 9, 2020

Firstly, if you feel the need to carry a shotgun in your vehicle for personal protection; you should likely do one of two things: 1) find a better part of Provo to live in, work in, or frequent (whichever is the case when you feel you need that much personal protection or 2) seek therapy for the... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Utah on
Q: a judge is making me deal with DCFS for an unborn child when no other children live in the home? Also go to juvenile co

I'm going to adult court for me, and juvenile court for the unborn child? I don't understand how DCFS can be involved if the child isn't born yet, and if no other kids are in the home. I also don't get why I'm also seeing a juvenile judge for my unborn baby when I'm an... Read more »

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Mar 4, 2020

You need a family law attorney, not criminal defense

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