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Utah Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Utah on
Q: Does the state of Utah prohibit the use of air guns for self defense?

Example: byrna launcher

Mike Branum
Mike Branum answered on Jan 20, 2022

If an item is legal for you to have in your possession and you feel that you are in imminent danger of death or serious bodily injury then you may use that item to defend yourself. If you cannot legally possess a handgun, you should not be in possession of an "air gun" either.

If...
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1 Answer | Asked in Criminal Law for Utah on
Q: Please see the more info section.

I have a friend that slept with a gal that was 17 almost 18 back in October of 2013. My friend was 25 at the time so he was 8 years older than her. He turned 26 a few months after they hooked up and she turned 18 a few months after as well. It was consensual.

It has been 8 years now.... Read more »

Mike Branum
Mike Branum answered on Jan 18, 2022

The age of consent in Utah is 16, so this is not a statute of limitations issue. If the encounter was consensual when it occurred in 2013 then no crime was committed.

1 Answer | Asked in Criminal Law for Utah on
Q: If the statute of limitations has run can the police still arrest you?

My friend met up with some hookers 5.5 years ago in Salt Lake County and he worries he's going to get in trouble for it. I believe the statute of limitations In 2016 is 2 years for them to find out and press charges. Now 5.5 years later can anything happen to him?

Lance E. Bastian
Lance E. Bastian answered on Jan 17, 2022

While you are generally correct that the statute of limitations in Utah for patronizing a prostitute is 2 years, there are a few important caveats to that. First, if your friend has prior convictions for the same thing or if the prostitutes involved were minors, it could be a third-degree Felony... Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Utah on
Q: Is disorderly conduct,(76-9-102) or,(76-8-5060), grounds for search warrant? Never charged for either.

This is Utah. I called police as i thought i had intruders in my home. they did a search and had me go to the hospital for a evaluation. They executed the search warrant to cover after i had left upon where they found illegal marijuana oil. They then got another warrant for that. The first warrant... Read more »

Lance E. Bastian
Lance E. Bastian answered on Jan 17, 2022

There's quite a bit going on here, and I would need more information to really evaluate the situation. It sounds like during the initial sweep of the house for intruders, the police may have seen something that prompted them and gave them a basis to get the first warrant. You would need to see... Read more »

2 Answers | Asked in Criminal Law for Utah on
Q: If I let a friend borrow my computer and then later found out that he pawned it and then lost it can I get it back
William Melton
William Melton answered on Dec 13, 2021

You will need to file a police report and report it stolen in order to get it back. Your friend will be charged with a crime (likely multiple). If you don't want them to get charged I would suggested going to the pawnshop and purchasing it back yourself.

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1 Answer | Asked in Criminal Law for Utah on
Q: What are the legal consequences of holding a toy gun to someone's head, execution style, and threatening death?
Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Nov 26, 2021

Have you been charged with a crime? If so, please state the charges and where they were filed.

2 Answers | Asked in Criminal Law for Utah on
Q: How would I go about finding more information about a newly issued warrant unbeknownst to my knowledge?

There is a case number and everything. What tools can I pursue in order to get more information about this?

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Nov 26, 2021

Pesue an attorney to help you resolve it.

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1 Answer | Asked in Criminal Law, Divorce, Family Law and Foreclosure for Utah on
Q: Getting back money from soon to be ex husband he took her checks and put it in a bank account without her name on it

She works a full time job and he took 30000 that she was paid from her job and a settlement and put it in an account with only his name on it, and she is only asking for half but he is telling her he is keeping it all. He won't give her a penny of it. He also cheated for 13 years.

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Nov 22, 2021

Contact a family law attorney for help.

1 Answer | Asked in Criminal Law for Utah on
Q: Student brought a gun to school. How do I help the family? What is the process? He is a good kid.
Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Nov 20, 2021

Hire an attorney.

2 Answers | Asked in Criminal Law for Utah on
Q: Is there jail time with class b misdemeanor

Unlawfully provide shelter to a run away and interference with a peace officer

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Nov 4, 2021

No way to answer this without much more information.

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1 Answer | Asked in Criminal Law and Internet Law for Utah on
Q: I let my Girlfriend (now ex) use my laptop to access the internet for work purposes. She went into my email and took pic

I let my now ex girlfriend use my laptop so that she could use the internet for work purpose. She accessed my email, took photos of certain emails and has sent those photos to family and friends. The emails were personal (not illegal in any manner) and I did not give her permission to access my... Read more »

Mike Branum
Mike Branum answered on Oct 20, 2021

Since you allowed her to access the computer without supervision and the images themselves are not illegal, then it is highly unlikely a crime has occurred. You might have some civil recourse against her for publishing without your permission. Those emails are your intellectual property. Libel and... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: How do I start expungement for accessory drug charges in 1992

The charges were in Santa Clara Count in California when I was 18

Mike Branum
Mike Branum answered on Oct 20, 2021

I recommend you repost your query with a California tag. The attorneys who received notice of your question are almost certainly licensed in UT, but few will be jointly licensed in CA (I'm sure there are a few, but I do not know if they will respond to your question). Charges received in... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: I plead no contest to attempted sexual abuse of a child. Can I get my record expunged?

This was after having the first trial be dismissed due to prosecutorial misconduct. I did have to be on the registry for 10 years, that is over. Attempted sexual abuse of a child isn't on the list of charges unable to be expunged. Also is there a law about giving the same prosecutor the case... Read more »

Mike Branum
Mike Branum answered on Oct 7, 2021

I cannot foresee a circumstance where you can get a conviction for sexual abuse of a child expunged. If you need further confirmation, I would schedule a consultation with a criminal attorney who specializes in sex crimes (there are a number in SLC). Attempt just gives the Court the discretion to... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: Where in the black law book does it tell .e about what I can do to get my sentenced stayed

I was sentenced to prison never turned myself in due to be not having anyone to provide for my children

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Sep 2, 2021

If you file an appeal you can request the sentence be stayed until the appeal is done. Ask your attorney.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Utah on
Q: My ex wife accessed my Facebook account tonight without permission. Will cops do anything?

Will this affect our custody agreement at all? Is she likely to be changed with anything?

Mike Branum
Mike Branum answered on Aug 17, 2021

Law enforcement is highly unlikely to be interested in taking your case to the prosecutor and, even if they did, the prosecutor is even less likely to be willing to press charges.

There is even less likelihood that the Court responsible for your family law matter would consider this grounds...
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2 Answers | Asked in Criminal Law, Real Estate Law and Agricultural Law for Utah on
Q: So my grandmother before she passed took me down to the bank and

Quick claimed 3.25 million dollars worth of property into my name and once she passed the her daughters my mom and aunt foraged another quick claim deed into there names and sold the properties and I need help to bring them to justice and get whatever I can out of it.

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Aug 13, 2021

This issue is a Probate/Real Estate issue. And it is called a Quit Claim Deed.

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1 Answer | Asked in Criminal Law for Utah on
Q: Why would a bail/bond hearing be scheduled after someone was released from jail?

My husband was arrested for assault and DV in the presence of a child and posted bail the next day. He violated the no contact order by coming back into the house right after being released. He now has a bail/bond hearing, but I thought that was so a judge could determine bail.

Lance E. Bastian
Lance E. Bastian answered on Aug 9, 2021

You're correct in that a bail/bond hearing is generally to determine bail, which includes setting, lowering, raising, and revoking it. The issue here is that your husband violated the terms of his release, so the hearing is more than likely based on a motion by the prosecution to determine... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: What is the statute of limitations for providing shelter to a runaway
Lance E. Bastian
Lance E. Bastian answered on Jul 28, 2021

The Utah statute of limitations for a class B misdemeanor (which is what providing shelter to a runaway is) is generally two years. I say generally because the running of the limitations period can be tolled (or paused) if and during which the accused leaves the state. It is also important to note... Read more »

2 Answers | Asked in Criminal Law for Utah on
Q: I have proof of my ex wife threatening to beat up and/or kill my significant other and find my kids. What should I do?

What should I do with that information?

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Jul 26, 2021

Call the police.

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3 Answers | Asked in Criminal Law for Utah on
Q: My husband has been accused of inappropriate behavior with a very close friends 17 year old daughter.

Police have asked for him to come answer questions??

William Melton
William Melton answered on Jun 29, 2021

Do not speak to law enforcement. You need to contact an attorney immediately. These are extremely serious allegations.

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