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Utah Criminal Law Questions & Answers
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.... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: (Utah) I was convicted of F3 Voyeurism, but I might be in a Catch-22 as far as post sentence relief.

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 »

William Melton
William Melton
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 »

2 Answers | Asked in Criminal Law for Utah on
Q: In utah during a search warrant do the officers need to be wearing body cams
William Melton
William Melton
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.

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1 Answer | Asked in Criminal Law and Federal Crimes for Utah on
Q: my federal case was filed for motion of dismissal does that mean i’m done with court?
Anthony M. Avery
PREMIUM
Anthony M. Avery
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.

1 Answer | Asked in Criminal Law for Utah on
Q: I am 14 and my partner is 17 will there be any legal trouble when they turn 18

My birthday is in oct 18 theirs is in Nov 2

Lance E. Bastian
Lance E. Bastian
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 »

1 Answer | Asked in Criminal Law and Domestic Violence for Utah on
Q: Can a plaintiff without representation request a plea in abeyance from an attorney? What would they need to provide?
William Melton
William Melton
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).

1 Answer | Asked in Criminal Law and Car Accidents for Utah on
Q: I believed my neighbors where telling the truth regarding me hitting a mail box but I’m realizing they lied?

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 »

Mike Branum
Mike Branum
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 »

1 Answer | Asked in Criminal Law and DUI / DWI for Utah on
Q: In Utah, if a prohibited person on probation lives with you, does the host forfeit their 2nd and 4th amendment rights?

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

Mike Branum
Mike Branum
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 »

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Landlord - Tenant for Utah on
Q: Is it ok that the state of Utah doesn’t have to prove intent to commit a crime, because they assume everyone lies?

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 »

William Melton
William Melton
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 »

1 Answer | Asked in Criminal Law for Utah on
Q: Let me ask that in a better way, do you have to have intent to to commit a crime?

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 »

Lance E. Bastian
Lance E. Bastian
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 »

1 Answer | Asked in Criminal Law for Utah on
Q: Whyd you assume I just wanted to complain about loosing a case?

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 »

William Melton
William Melton
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 »

1 Answer | Asked in Criminal Law for Utah on
Q: I had a bad court experience and got told to get an attorney or go to the BAR and I want to know if it's worth my time
William Melton
William Melton
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 »

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
PREMIUM
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.

1 Answer | Asked in Criminal Law for Utah on
Q: How can I dismiss charges?I have no prior,I live in Cal case is in UT,I can't afford PA.court date is 5/22/23 in UT.

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 »

Aric M. Cramer
PREMIUM
Aric M. Cramer
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.

1 Answer | Asked in Criminal Law for Utah on
Q: Police officer takes a statement but omits information in his written report, does that constitute a false report?

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 »

Aric M. Cramer
PREMIUM
Aric M. Cramer
answered on Apr 19, 2023

If your current attorney isn't helping, you may need to hire a different attorney.

1 Answer | Asked in Criminal Law and Civil Rights for Utah on
Q: I am being charged two second and one third degree felonies for a house I used to live in getting raided 4 months after

I had already moved

Aric M. Cramer
PREMIUM
Aric M. Cramer
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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