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Utah Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Utah on
Q: can witnesses be interviewed in the same room at the same time to have to same story for seeing a crime?
Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Dec 6, 2019

I am not clear on your question. Get a consultation with a defense attorney in your area so you can flesh this out more.

1 Answer | Asked in Criminal Law for Utah on
Q: Can a police officer give testimony in a court room about a seperate, open criminal case ?

My girlfriend each have an open criminal case for possession. She also just had her alimony case trial. In that trial, her husbands lawyer subpoenaed the arresting officer and the officer gave testimony about all aspects of my open criminal case

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Dec 6, 2019

that is a family law/civil law question.

1 Answer | Asked in Criminal Law for Utah on
Q: (7) An order of expungement may not: According to subsection 77-40-108 (7) of the Utah code.

I don't understand what all this means. Can you help me?

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Dec 1, 2019

Call someone fo a consultation. Don't try to remove your own appendix.

1 Answer | Asked in Criminal Law for Utah on
Q: Expungement question (Utah) What does Subsection 77-40-108 (7) exactly mean? Mine I guess was denied what do I do now?
Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Dec 1, 2019

It is impossible to analyze a statute in light of your case without knowing anything about your case. Get a consultation with an attorney who handles expungements.

1 Answer | Asked in Criminal Law and Domestic Violence for Utah on
Q: My boyfriend is charged w/ aggravated kidnapping for a minor altercation we had that lasted 3-5 min. Is that substantial

Is that considered a substanial ammount of time as it is stated in the statue this happened in utah

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Dec 1, 2019

Aggravated Kidnapping is a First Degree Felony that can carry life without parole. You need an attorney in the worst way. Hire one TOMORROW!

1 Answer | Asked in Criminal Law and Probate for Utah on
Q: How useful is a lawyer help me when I violated probation in Utah

My probation officer came to my house and I was out of state For work .i did not notify him in advance . I can Havecompany prove that I was working .in this ISituation Should I tell him right away or wait until back in the state in a few days then meet him with a lawyer

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Nov 15, 2019

IF you can be jailed or fined, you need an attorney.

1 Answer | Asked in Criminal Law for Utah on
Q: If i have pending drug charges.No resolution, no deals, nothing. The judge told me I need to go and take a drug test.

Do I have/need to?

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Nov 11, 2019

Not enough information to opine. Get a consult from a local criminal defense attorney or your current attorney.

1 Answer | Asked in Criminal Law for Utah on
Q: I have never been to jail till Halloween , I was intoxicated in the home I reside, how much trouble am I looking at?

I don’t make this a habit, I’m not a drinker yet I drank to much and blacked out so to speak

Mike Branum
Mike Branum answered on Nov 2, 2019

Based on the extremely limited information at hand, I will presume you were charged with public intoxication; you have mentioned no other potential crimes. In order to be found guilty of the charges, the prosecutor must prove beyond a reasonable doubt that it was likely that you would have injured... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Utah on
Q: Search of someone's lunge area that is under arrest can they search someone else's property who isant involved?

My boyfriend got arrested for some warrants and ended up having drugs in his pocket. They searched the lunge area in his vehicle which supposedly included my purse on the floor of the passenger side of his vehicle despite me telling them they could not because I wasant under arrest at this point.... Read more »

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Oct 31, 2019

I don't know what a 'lunge area' is. These suppression issues are highly fact specific. Contact a local criminal defense attorney for a detailed meeting in person.

1 Answer | Asked in Criminal Law for Utah on
Q: im being charged wit two 3rd degree felonies for possession.I was under a lot of stress of losing a loved one so I fell

asleep in the park it was during the time ur allowed to be there i fell asleep and was woke up by two officer telling me i had been groping my self when i wasn't around no kids no citizens the woke me up by poking at me then asked me if they could search for weapons and some how ended up reaching... Read more »

Brent J Huff
Brent J Huff answered on Oct 23, 2019

If officers have a reasonable suspicion of criminal activity, even if the suspicion ultimately turns out to be wrong, they can stop someone for an investigatory detention. During such a detention, if officers have a reasonable suspicion that the person may be armed and dangerous, they can conduct... Read more »

2 Answers | Asked in Criminal Law for Utah on
Q: All right I'm currently attending adult probation and parole I'm also under psychiatric care with ritalin

Just that I feel bullied and coerced into saying that I am using meth when I'm not and I'm only using Ritalin as I've been told to which keeps pulling up false positives and I'm scared that they are going to try and throw me back in jail for it

Brent J Huff
Brent J Huff answered on Oct 23, 2019

Provided documentation to AP&P. Stay calm and patient. Don't get "sideways" with them, just continue to explain. Remember that they deal with a lot of people that lie to them about these things. If they do file an OSC, contact and show up with a lawyer and your prescriptions.

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3 Answers | Asked in Criminal Law and Civil Rights for Utah on
Q: I got pulled.over a week ago or so for no registration. And I had a weed pipe on me and a bag of weed.

Utah state. I got possession of controlled substance, possession of drug paraphernalia. Just weed, first charge ever in my 28 years. Also Failure to register registration. Warning. Is what the ticket says.

the officer gave me a break for just making it easy for him when he asked if I had... Read more »

Mike Branum
Mike Branum answered on Oct 18, 2019

An attorney would have to inspect your documents to give you a good answer but my suspicion is that there was a communication breakdown between you and the officer. Failure to register is a non-moving violation and is generally dismissed if you produce evidence that you have corrected the problem.... Read more »

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2 Answers | Asked in Criminal Law and DUI / DWI for Utah on
Q: Expired BAC test tube validity?
Mike Branum
Mike Branum answered on Sep 26, 2019

Results should be suppressed. You have won the lottery! Has to prosecutor offered a plea deal yet? Don't expect your case to be dismissed, mind you, but the state now has a much harder than ahead of them.

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1 Answer | Asked in Criminal Law and Federal Crimes for Utah on
Q: Can the death penalty be imposed for someone with mental/ psychological illness?

A young friend of mine was sentanced to 25 years in prison at age 17 for stealing beer, the attorney assigned to his case did a poor job in defending him. Whilst in prison he was housed with a rival gang member, they got into a fight which resulted in the other inmates death. My friend is now... Read more »

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Sep 23, 2019

The prosecution can seek the death penalty. If he has been charged with agg. murder, and has appointed counsel, they are Rule 8 certified and will look into that issue. Contact them. This constant posting of death penalty issues is not going to get you the answers you want. There are only about... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: What can be done if an inmate is being deliberately targeted by staff and warden?

I have a friend on death row he is separated from the rest of the death row inmates and is being deliberately targeted by staff and the warden, he isn't allowed to participate in programming, he isn't allowed to progress, I have a letter from another inmate stating he was personally told by the... Read more »

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Sep 23, 2019

If he's on death row he has several attorneys. You need to ask them.

2 Answers | Asked in Criminal Law and Federal Crimes for Utah on
Q: I am facing 3 Charges for contributing to a minor for alcohol but I am not of legal age to purchase it and I know the

Adult who did purchase it which then Contributes to minors , can I get these Charges Dropped? I am only 18 and not legal age to purchase

Taylor C. Hartley
Taylor C. Hartley answered on Sep 11, 2019

According to the law, an "adult" for purposes of "Contributing to a minor" is someone who is 18. So, unfortunately, even though you are not of legal age to drink, you are of legal age to contribute to a minor. However, an attorney most likely would still be able to help you with this charge by... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Utah on
Q: I'm on probation and renting a room in my aunts house, can they search the whole house or only my property and room?

In utah

Taylor C. Hartley
Taylor C. Hartley answered on Sep 9, 2019

Normally, law enforcement only has the right to search the area you're renting. If your rental agreement allows you to be in other parts of the house, then you're not just renting a room, but all the common areas, too. The other parts of the house may also be subject to search if you don't have a... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Utah on
Q: Are jury statements taken during an investigation on a death penalty appeal considered as New evidence?

an investigator interviewed jury members as part of the appeal process, where jury members stated a judge had spoken to them during deliberations outside counsel and defendant, and stated that the trial atmosphere was intimidating as the trial was held in a prison in a makeshift courtroom, are this... Read more »

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Sep 9, 2019

Maybe. This is a highly technical area of State and Federal appellate law. Sounds like the Troy Kell case.

1 Answer | Asked in Criminal Law for Utah on
Q: Is it illegal to get a paternity test done on a deceased father in question?

I got a cheek swab from the funeral home in Idaho and brought it back to Utah with me. The family said they are going to press charges. Did I do anything illegal?

Gary Kollin
Gary Kollin answered on Sep 7, 2019

https://law.justia.com/codes/utah/2011/title76/chapter9/section704.html

That seems to be the only statute in Idaho. It appears to me that you did not commit a crime. But you should check with an Idaho lawyer

Generally a statement alone is insufficient for a conviction.

Look...
Read more »

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Utah on
Q: What happens when a judge addresses the jury outside the presence of counsel or defendant?

The judge addressed the jury during deliberations in a death penalty case without the defendant or his attorney being present. No notes were made in the trial transcripts of the judge ever talking to the jury members. A jury member stated afterwards that her mind had been made up after the judge... Read more »

Mike Branum
Mike Branum answered on Sep 6, 2019

Yes. If the judge had a conversation with the jury off the record without defense counsel present, an appeal should be filed.

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