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Utah Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Utah on
Q: Is it legal in Utah, if I'm 23 and she's 17, to have sexual contact?
Aric M. Cramer
Aric M. Cramer
answered on Nov 27, 2017

Effective 5/13/2014

76-5-401.2. Unlawful sexual conduct with a 16- or 17-year-old.

(1) As used in this section, "minor" means a person who is 16 years of age or older, but younger than 18 years of age, at the time the sexual conduct described in Subsection (2) occurred....
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1 Answer | Asked in Criminal Law, Elder Law, Federal Crimes and Gov & Administrative Law for Utah on
Q: While the V. A. Hub and fidicuary stole my estate. The owner of a mortuary quoted me a price of 1800-$1900 for funeral.

The owner asked if I, surviving spose, open or closed, I said closed. It was open w/smile on face. The cost of funeral was 2 thousand more.

Aric M. Cramer
Aric M. Cramer
answered on Nov 25, 2017

You need a consumer protection attorney. If you think a crime has been committed you need to call the police.

1 Answer | Asked in Criminal Law for Utah on
Q: If the police come for a death . Can they find other reasons for arrests or charges if no other crime has been commited
Aric M. Cramer
Aric M. Cramer
answered on Nov 20, 2017

Not enough information to answer the question. Call and consult wit a crimial defense attorney in your area.

1 Answer | Asked in Stockbroker Fraud, Criminal Law, Identity Theft and White Collar Crime for Utah on
Q: Statues for check fraud in utah
Aric M. Cramer
Aric M. Cramer
answered on Nov 6, 2017

Generally four years if you have been in state for the intire 4 years.

1 Answer | Asked in Criminal Law for Utah on
Q: My girlfriend has been subpoenaed to testify for my preliminary hearing. Can she plead the 5th?

I understand that she has an obligation to go, but does she have the option of at least saying, "I don't recall" to the questions asked? Refusing to answer would bring her in contempt, but is there a way to legally avoid answering questions?

Aric M. Cramer
Aric M. Cramer
answered on Nov 1, 2017

She must go and she must be truthful. If being truthful is going to incriminate her she must plead the fifth. If she must plead the 5th she'd better get a lawyer now. You two should not be trying to do this without an attorney - you're both going to end up in jail or prison.

1 Answer | Asked in Criminal Law for Utah on
Q: Can I file a motion to suppress after my Preliminary Hearing?

My public defender is dragging his feet in filing my motion to suppress. I've been requesting this for months and so far...nothing. He has told me that I should just fold to the prosecution, but I believe I have a legitimate reason to file a motion to suppress. My PH is this Friday.

Aric M. Cramer
Aric M. Cramer
answered on Nov 1, 2017

Without knowing details of your case there is no way I could advise you. You are represented so you cannot file your own documents with the court. If you are unhappy with your PD you should hire a private attorney.

1 Answer | Asked in Criminal Law and Traffic Tickets for Utah on
Q: Is an incorrect code written on your traffic citation ground for dismissing your charges?

If an officer states that you were pulled over for failing to yield right-of-way and the end result is arrest for a DUI, can charges be reduced or dismissed if the officer incorrectly cited the traffic violation on your ticket?

Aric M. Cramer
Aric M. Cramer
answered on Oct 31, 2017

No. It may go to the officer's credibility, but it doesn't remove jurisdiction.

1 Answer | Asked in Criminal Law for Utah on
Q: If it's my first time offense for felony theft for items totaling 3,900 what am I looking at I don't want to go to jail
Aric M. Cramer
Aric M. Cramer
answered on Oct 24, 2017

That is a Third Degree felony with a maximum term of 5 years in the Utah State Prison. You need to get an attorney right away.

1 Answer | Asked in Contracts, Criminal Law, Civil Rights and Communications Law for Utah on
Q: What can be done if a court reporter messes up a judges decision on a court transcript
Aric M. Cramer
Aric M. Cramer
answered on Oct 18, 2017

That's a very complex question with no clear answer - very fact specific. You will need to hire an appellate attorney.

1 Answer | Asked in Criminal Law and Immigration Law for Utah on
Q: My husband hit me but didn't press charges the police officers only gave him a ticket, what happens next?

We need to apply and renew his green card do I just pay off the ticket ?

Aric M. Cramer
Aric M. Cramer
answered on Sep 30, 2017

If you pay the ticket you will be admitting guilt and that could put him into deportation. Check with an immigration attorney before you act.

1 Answer | Asked in Criminal Law for Utah on
Q: im on probation with justice court can i get charged for having a dirty uae and charged threw district for internal pos?

was placed on court probation for 6 months or til fine paid. i paid my fine 2 weeks later cops show up at my house wanting to test me. now im being charged for 2 internal pos with district court as well as having a dirty test with justice with probation. need help i have court this monday for the... View More

Aric M. Cramer
Aric M. Cramer
answered on Sep 23, 2017

You need to call your attorney right away. You're looking at 2 cases now.

2 Answers | Asked in Criminal Law and Domestic Violence for Utah on
Q: My wife has been hitting me.this time a physically restrained her and had my daughter call 911 when police arrived she

Said I hit her and the kids didn't see I was arrested.this 100% did not happen. They both have seen her hit me at least 3times(solid punch) can I be exonerated?

Christopher J. Salcido
PREMIUM
Christopher J. Salcido
answered on Sep 21, 2017

You need to call and speak to a criminal defense attorney asap about the details. Most of us provide free consultations right over the phone.

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1 Answer | Asked in Criminal Law for Utah on
Q: Was I charged wrong?

I was 19 and got charged with domestic violence with my ex girlfriend. I stupidly plead guilty. I'm 36 now and realize I think I should not have been charged since we did not live together and was not in a relationship at the time am I wrong?

Aric M. Cramer
Aric M. Cramer
answered on Sep 15, 2017

You'd have to find the statutory definition of co-habitant as it waw 17 years ago. I couldn't tell you off of the top of my head.

1 Answer | Asked in Criminal Law, Employment Discrimination and Sexual Harassment for Utah on
Q: My boss sexually assaulted me at a bar outside of work. Not saying I want to, but is that grounds for suing my company?

It was a bar outside of work. So not on the premise of work. But managers are not allowed to hang out with employees outside of work. Which I knew, but I also didn't expect my boss to sexually assault me. I'm not saying I want to sue the company. My co-worker that was there though and... View More

Aric M. Cramer
Aric M. Cramer
answered on Sep 13, 2017

I only practice criminal defense. You need to contact an employment law attorney.

1 Answer | Asked in Criminal Law for Utah on
Q: My cousin (15 years old) was just charged with assault on her 2 sisters ( 17 & 13 years).

It doesn't look good for my cousin, she was accused of hitting her two sister during an argument, cops came & got everyone's story that she did so but half of the people that gave the story wasn't even present. Me & my cousin have the same story but the cops said that... View More

Aric M. Cramer
Aric M. Cramer
answered on Sep 11, 2017

They should be in Juvenille court, so contact a criminal defense attorney who works in that sub-specialty to assist her.

1 Answer | Asked in Criminal Law and Family Law for Utah on
Q: My sons dad and I were never married. Do I have to give him visitation if there is no order?
Aric M. Cramer
Aric M. Cramer
answered on Sep 8, 2017

I don't practice Family Law, only Criminal Defense. I am sorry I don't know the answer.

1 Answer | Asked in Criminal Law for Utah on
Q: If I've asked my PD to request discovery from prosecution and he refuses to do so, what course of action can I take?

For example, there are errors in the police report that certain discovery would help clear up, but he will not request the discovery for me and he does not offer an explanation as to why. What can I do?

Aric M. Cramer
Aric M. Cramer
answered on Sep 6, 2017

I don't know any attorney that would not request discovery. You probably need to talk to another attorney in your area for a consultation. I have never heard of such a thing and I think you two may not be communicating clearly.

1 Answer | Asked in Criminal Law and Family Law for Utah on
Q: So if my step child steals something, what should I do?
Aric M. Cramer
Aric M. Cramer
answered on Aug 27, 2017

Nowhere near enough information to assist you.

1 Answer | Asked in Criminal Law for Utah on
Q: My daughter us getting charged with 6 retail theft this is the first time she has been in trouble what could happen

They are saying she done the skip scan at walmart

Aric M. Cramer
Aric M. Cramer
answered on Aug 7, 2017

Depending on the value of the items taken the case could be a felony charge with prison time. Get in touch with a qualified criminal defense attorney for a consultation ASAP.

1 Answer | Asked in Criminal Law and Constitutional Law for Utah on
Q: Why hasn't the prosecution provided my lawyer with the search warrant and affidavit discovery for 4 months?

The day of my arrest the detective was in the process of amending a search warrant he had approved from the night before. Evidence was seized 10 mins prior to the search warrant being amended. Now, they won't provide the original search warrant. My case has been continued twice because they... View More

Aric M. Cramer
Aric M. Cramer
answered on Jul 30, 2017

No way to know without much more information.

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