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Utah Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Utah on
Q: Receiving stolen goods. Felony or misdemeanor?
Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

Depends on how much the goods are worth.

1 Answer | Asked in Criminal Law and Family Law for Utah on
Q: If a 16 yr old boy had sex with my 13 yr old daughter what type of charges can I press
Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

The state can charge criminal charges for the action. You can sue for civil damages and receive compensation for your daughter's pain and suffering.

1 Answer | Asked in Land Use & Zoning, Criminal Law and Real Estate Law for Utah on
Q: My neighbor has a right of way across my property to access his property to my south. He has a camera in his window

Viewing my property. I feel uncomfortable going outside to garden or whatever. Is this legal?

Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

It depends on how the area is setup and whether or not you have a reasonable expectation of privacy in that area. If you are uncomfortable, you can start by talking to the neighbor about it being as kind and courteous as possible. If for some reason that doesn't work, you can get an attorney... View More

1 Answer | Asked in Criminal Law for Utah on
Q: My friend is 18 turning 19 and he wants to go out with a girl that's 16 would that be legal?

I don't want him to get in trouble and I'll told him I'll look into for him

Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

The only issues are sexual contact. Any kind of touching or sexual contact will create serious legal problems that could affect that person the rest of their life negatively. Even if it is consensual, it will still be a crime.

1 Answer | Asked in Criminal Law for Utah on
Q: Q: Can a Judge at pre sentencing make false or unprovable accusations

Can a Judge at pre sentencing order you to sell personal items to pay restitution?

Can a Judge change his ruling from one hearing to the next?

Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

The person who is to be paid restitution could put a lien on your property if they get a civil judgment against you which is done through a judge. The other question depends on the facts of the ruling and the basis for the ruling and the new hearing but in a general sense, yes.

1 Answer | Asked in Criminal Law for Utah on
Q: My son was arrested on Saturday for a felony charge and it is Thursday night and he still hasn't had a hearing

He was given a document on Monday that set bail and stated charges had to be filed by the 4th. On the fifth he checked and charges had not been filed, not has he been before a judge or offered an attorney. Can they continue to hold him?

Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

I hope that this has already been resolved. There is a 72 hour holding rule. However, it is not a hard-and-fast rule as usually weekend and holidays don't county. This rule is used and abused in Utah however, there is stuff in the works to get this rule better defined and better protect individuals.

1 Answer | Asked in Criminal Law and Traffic Tickets for Utah on
Q: Can a police officer give you a ticket days later after receiving a verbal warning for a moving violation?

I was pulled over for going around a corner to fast, the cop warned me that it is consider reckless driving and could be a huge fine. I was polite to him and apologized. He let me go with a verbal warning. I have a clean driving record and clean criminal record.

Can he change his and mail... View More

Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

I doubt he will go back and give you a ticket. However, they have every right to. If he witnessed it he can file it later, usually the statue for a crime like that is a year. Reckless driving can be a class B misdemeanor, maximum jail could be six months. However, again, I doubt that he will go... View More

2 Answers | Asked in Criminal Law and Personal Injury for Utah on
Q: can a walmart securty guard lay hands on you

my friend got beat up mat walmart hurt her back her sholders dshes got whip lash

Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

It can depend on the exact circumstances of the case, the evidence the security guard had, and the reasonableness of the use of force in connection to the arrest.

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1 Answer | Asked in Criminal Law for Utah on
Q: I was falsely accused of a hit and run - will a warrant be put out for my arrest?
Aric M. Cramer
Aric M. Cramer
answered on Oct 25, 2016

Probably. It would be best to get an attorney to help you right now to perhaps head that off.

1 Answer | Asked in Criminal Law for Utah on
Q: in utah can you fire your public defender and request a new one if you feel he isn't working in your best interest?

it is a murder case

Aric M. Cramer
Aric M. Cramer
answered on Oct 20, 2016

No. You didn't hire him so you cannot fire him.

1 Answer | Asked in Criminal Law and Employment Law for Utah on
Q: If I am a teacher and I get charged with criminal trespass, can I get fired?

I was on a hike with my kids and there are some abandoned water towers that have no trespassing signs. So of course we had to go and check it out. When we got done with our hike a police officer was waiting for us and gave me a citation for criminal trespass and contributing to the delinquency of a... View More

Margaret Olson
Margaret Olson
answered on Aug 10, 2016

This is both an employment and criminal law question, but you should deal with the criminal aspect first. Talk to a lawyer about defending against the charges.

The employment question will likely depend upon your employer's policies.

1 Answer | Asked in Criminal Law for Utah on
Q: If someone is trying to find child porn and clicking on links thinking it could be child porn get arrested?

They don't know for sure if it is child porn and it ends up not being child porn. They have stopped doing that because they don't want to get arrested but still afraid that they might. They haven't ever viewed or found child porn.

Brian K Jackson
Brian K Jackson
answered on May 11, 2016

If they find enough evidence that the person was in possession of it they could charge them.

1 Answer | Asked in Criminal Law for Utah on
Q: Hi : I have a theft case , can I fix this with a laWyer and the person affected out off the court? I mean skip court
Brian K Jackson
Brian K Jackson
answered on Feb 5, 2016

If the state or city has given you a criminal citation then you have to go through the court process. If you don't show up to court they will issue a warrant. It is good to get an attorney on board as theft can affect your immigration status, your employment, your housing and your credibility... View More

1 Answer | Asked in Criminal Law for Utah on
Q: I your a passenger and drugs are found. Can you and driver be charged. Receive blood test to receive internal possesion
Brian K Jackson
Brian K Jackson
answered on Feb 5, 2016

They can have enough evidence to charge you with possession if you are in the vicinity. If they have enough evidence to convict someone of that crime is another question. It would be good to sit down with an attorney and go over your story to figure out your culpability as well as how the officers... View More

1 Answer | Asked in Criminal Law for Utah on
Q: is retail theft and theft 2 difffrent cjharges
Brian K Jackson
Brian K Jackson
answered on Feb 5, 2016

Retail theft is a theft charge that is specific to a theft of retail. If they charged someone with two different theft charges with the same incident you will probably want to contact an attorney as there may be a double jeopardy issue. It's also good to contact an attorney for theft charges... View More

1 Answer | Asked in Criminal Law for Utah on
Q: My wife is charged with assult on me and i realized that the mark was not made by her how do i drop the charges
Brian K Jackson
Brian K Jackson
answered on Jan 18, 2016

Talk to the prosecutor that is handling the case and explain to him the situation.

1 Answer | Asked in Criminal Law for Utah on
Q: What happens when you get charged with indecent exposure or "touching yourself" in public in the state of Utah?
Brian K Jackson
Brian K Jackson
answered on Jan 8, 2016

You will have a preliminary hearing to see if there is enough evidence to move forward and then it will go to pre-trial to see if the case will go to trial. It is good to get an attorney on board to make sure your rights and protected.

1 Answer | Asked in Criminal Law for Utah on
Q: What are the possible court judgments for a conviction of 3 class B misdemeanor charges?
Brian K Jackson
Brian K Jackson
answered on Jan 8, 2016

It depends on what you are charged with. Some charges are enhanceable so a second or third charge could be bumped up to a class A or 3rd degree felony. The judge can order that the sentences be served one at a time or all at once. There are many options. The prosecutor will make a recommendation.... View More

1 Answer | Asked in Criminal Law for Utah on
Q: Alcohol Possession Misdemeanor

Last Saturday night I got pulled over for going 9 miles over the speed limit and then he saw a brand new case of corona in my car so I got a misdemeanor ticket for possession of alcohol in my car, the cop gave me a breathalyzer test and it came up 0.00.. I told the cop it was my friends that I just... View More

Brian K Jackson
Brian K Jackson
answered on Dec 2, 2015

I would plead not guilty on your first court date. It would be wise to sit down and talk to an attorney to discuss your options. The first court date is just a reading of your rights and whether or not your are guilty but a lot of people plead guilty that first court date without an attorney. An... View More

1 Answer | Asked in Criminal Law for Utah on
Q: Can my friends be charged for assaulting a drunk man who had walked into their house accidentally?

My friend came home one night to find a drunk old man in his bed. My friend and his roommates verbally and physically abused the man, yelling at him while holding a large kitchen knife. Instead of calmly helping the man out of the building they proceeded to push the man over repeatedly, and they... View More

Brian K Jackson
Brian K Jackson
answered on Nov 15, 2015

A person can only use force if they are fear in bodily harm. If they were threatening the man without fear of bodily harm then they could likely be charged for a crime.

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