Get free answers to your Criminal Law legal questions from lawyers in your area.
In Utah, is it legal for someone to be pulled over solely because the database erroneously showed they didn't have insurance, even though their insurance was valid? I was stopped with no other reason, received a warning about the insurance, and was issued two tickets for a suspended license... View More

answered on Mar 12, 2025
Unfortunately, yes. This is an issue that we see frequently. The cop made a stop in good faith that he believed you were operating the vehicle without insurance. Those databases are wrong all the time, but the Utah Supreme Court has ruled cops may make mistakes and the stop is valid as long as they... View More
x

answered on Sep 4, 2024
If you got arrested, that means the police believe you committed a crime. While I'm not sure what you mean by "initiator", any other party involved in this incident would be considered a victim and/or a witness. The victim or witness would not be in trouble for anything. Of course,... View More
He is 18 years old. He was drunk and had a gun. Him and his girlfriend live together. But his girlfriend mom came over and when he was drunk he pulled out the gun to them

answered on Aug 19, 2024
Depending on a few more details, he could be charged with one or more of the following:
-Intoxication (Class C misdemeanor; 90 days jail; fine)
- Minor in Possession (Class B misdemeanor; 6 months jail; fine; driving suspension)
- Threatening with or using dangerous weapon... View More
What can we do to bring him home

answered on Aug 9, 2024
Sorry if this answer is too late.
This largely depends on what stage of the process he is in. If I assume he was arrested recently and is in the beginning stages, he may be in custody for a few days till they officially file charges against him. There's a good chance they will release... View More
They got the kids back and they've been told by DCFS that they can't take away their kids doors.

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.... View More
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

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... View More
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

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

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... View More

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
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.

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
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.

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
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.

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,... View More
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

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
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

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.
I was caught shoplifting at my local grocery store, and the police issued me a citation, which states that I must either pay or schedule an arraignment within 14 days. This is my first time facing any charge, and I'm worried about how this might affect my criminal record and employment. If I... View More

answered on Apr 13, 2025
Paying the citation for shoplifting in Utah may not fully close the case. While paying the fine might seem like an easy solution, it could be viewed as a guilty plea, which might result in a criminal conviction. This could be recorded on your criminal record, potentially affecting future job... View More
My son was arrested for possession of child pornography, facing four counts of sexual exploitation of a minor. He is currently in jail but has not been formally charged yet, and he does not have any prior criminal record. A search warrant was executed by the police, and they seized his electronic... View More

answered on Apr 12, 2025
Your son's situation is extremely serious and requires immediate legal representation. Sexual exploitation of a minor under Utah Code 76-5b-201 is charged as a second-degree felony, punishable by 1-15 years in prison and up to $10,000 in fines per count, along with lifetime sex offender... View More
I'm facing new charges for possession of class B paraphernalia, which led a judge to revoke my pretrial services and issue a warrant for my arrest. I haven't been arrested yet. Can I request an order to show cause to avoid being taken to jail, considering I don't have a lawyer... View More

answered on Apr 12, 2025
You may be able to request an order to show cause, which is a way to ask the court to explain why the warrant should not be executed and why you should not be taken into custody. This order can be used to argue that you should not be arrested immediately, especially if you are able to demonstrate... View More
I was arrested for a felony DUI at my home in Utah. The police arrived as I was walking to my front door and followed me inside without a warrant or my permission. My daughter reported me for a DUI. They conducted a breathalyzer test inside and arrested me. They are trying to charge me with a... View More

answered on Mar 24, 2025
Yes, you can be charged with a felony DUI in Utah if a child under 16 was in the vehicle at the time of the offense. Utah law increases DUI charges to a felony when certain aggravating factors are present—having a minor passenger is one of them, especially if it’s not your first DUI offense.... View More
During a traffic stop in which I was a passenger, the vehicle was stopped for a suspended license. The officer instructed us to get out of the car and conducted a search without asking for consent or providing a warrant. The officer mentioned the search was due to me scratching myself, which he... View More

answered on Mar 23, 2025
The legality of this search hinges on whether the officer had "probable cause" - a legal standard requiring more than mere suspicion. Courts have repeatedly ruled that nervousness or physical behaviors like scratching typically don't constitute probable cause by themselves. For a... View More
In a hypothetical situation in Utah, if someone is involved in a hit and run accident shortly after leaving a bar, can they be charged with a DUI based on camera footage and eyewitness accounts, even without numerical tests like a breathalyzer or blood test? No additional evidence such as bar... View More

answered on Mar 19, 2025
Yes, they can be charged. However, it would definitely be a difficult case for the prosecutor to prove. Just because someone is charged with a crime, it doesn't mean the prosecutor can prove it. You should consult with an attorney about the specifics of the case to see what your best options are.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.