Get free answers to your Criminal Law legal questions from lawyers in your area.
Will he have to go back to prison
answered on Aug 19, 2015
It depends on his status of probation if he has priors and why he was arrested and whether or not he can carry a steak knife. It is also important to look at how he was arrested and what happened after the arrest and before. There are a lot of constitutional rights at stake and it is important that... View More 
Case in Nevada is misdemeanor charges.
Also bond company file a exonerated motion. Sentencing hearing for federal charges is in November 2015.
answered on Aug 19, 2015
You have not provided enough information for an attorney to even form an opinion. Only an attorney can file a motion, most likely. Get one on this matter.
Her co-defendant signed an affidavit accepting responsibility for everything and has been sentenced for said charges. What happens now?
If her Public Pretender would return her phone calls that would be possible. She will not contact her.....
answered on Aug 12, 2015
She has an attorney and should ask her own attorney about this and any other questions that she might have.
Used marked bills for the aledged Transaction but no where in the discovery does it say that those marked bills were recovered. And I was arrested 92 days after the aledged crime took place but they did not have an arrest warrant. Advice?
answered on Aug 5, 2015
Hire a criminal defense lawyer. If you can't afford one, you may qualify for a public defender.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal... View More
answered on Mar 4, 2015
No. It is not necessary to catch the person before they leave the store.
I was incarserated in california and when my
prision time was done i was extradited to utah for
felony charge. now im done with utah, and
sentenced but now california probation is saying i
have to do probation in california i was told since
i was extradited... View More
answered on Jan 13, 2015
When you were extradited, California relinquished their right to hold you, but they did not relinquish their right to supervise you. If your sentence included a term of probation or if a condition of your release was parole, then California has the right to supervise and can issue a bench warrant... View More
answered on Jan 12, 2015
A violation of 41-6a-904(2)(A) is a class C misdemeanor.
Utah Code Ann. 41-6a-202 states that any violation of Chapter 6a is either a class C misdemeanor or an infraction, unless it is specifically provided otherwise in the statute allegedly violated. Violations of Parts 2, 11, 17, and... View More
answered on Dec 25, 2013
Any time you face criminal charges, you should be very active in protecting your rights and defending the charges. You do not have to be 21 to face adult criminal charges. 18 years old is considered an adult and you can be charged with contributing to delinquency before age 21. You should speak to... View More
answered on Oct 9, 2013
Under Utah Rules of Criminal Procedure Rule 7, individuals arrested without a warrant must have a probable cause determination made within 48 hours, not counting weekends. However, this determination can be made by a judge without actually having the defendant in front of him/her so in a lot of... View More
answered on Aug 19, 2012
Sexual exploitation of a minor (Utah Code 76-5b-201)
Degree-2nd Degree Felony
Elements-A defendant commits sexual exploitation of a minor: when they: knowingly produce , possess, or possess with intent to distribute child pornography ; or intentionally distribute or view child... View More
The charge is "theft" what degree felony or misdemeanor is it? and what is the lawcode (ex: 76-4-406.1)
answered on Aug 19, 2012
Theft(Utah Code 76-6-404)
Degree- Depending on the facts, theft can be charged as a 2nd degree felony, 3rd degree felony, class A misdemeanor or class B misdemeanor.
Elements-A defendant commits a 2nd degree felony theft when they obtain or exercise unauthorized control over the... View More
answered on Aug 19, 2012
Depends on the underlying offense. For instance, a DUI class B misdemeanor will have some mandatory terms of probation. Where other offenses may simply have community service, fine, and no further violations.
You would have to tell me exactly what you were charged with before I could tell... View More
answered on Aug 19, 2012
Burglary (Utah Code 76-6-202)
Degree- Depending on the facts, burglary can be charged as a 2nd or 3rd degree felony.
Elements-A defendant commits a 2nd degree felony burglary when they enter or remain unlawfully in a dwelling or any portion of the dwelling with the intent to... View More
answered on Aug 19, 2012
Degree- An aggravated assault is a 3rd degree felony unless the victim suffers a serious bodily injury , in which case it can be charged as a 2nd degree felony.
Elements- A defendant commits an aggravated assault when they commit an assault and use: a dangerous weapon ; or other means or... View More
Charges include Charge1- 58-37-8(1)(A)(III), Charge2-58-37-(2)(D), Charge 3- 76-10-503(3)(A), Charge4- 58-37A-5(1), Charge 5- 76-8-305. My friend does have a past but has completed drug treatment programs and has always followed the ruled of his probation. The case sounds bad but he had only... View More
answered on Aug 18, 2012
It is wise to have an attorney anytime you are charged with a crime. If your friend cannot afford an attorney the court will appoint an attorney to represent him. A public defender is an attorney and they can represent(i.e., fight for)your friend.
The sooner your friend requests a public... View More
answered on Aug 16, 2012
In Utah, defendant commits sexual exploitation of a minor: when they: knowingly produce , possess, or possess with intent to distribute child pornography ; or intentionally distribute or view child pornography; or if the defendant is a minor’s parent or legal guardian and they knowingly consent... View More
answered on Jun 12, 2011
Normally, no the police must get a warrant or consent in order to search your home. However if there are "exigent circumstances" like knowing a person is being assulted in your home, they are in "hot" pursuit of a suspect, or have cause to belive the individuals are destroying... View More
answered on Jun 12, 2011
If you think there is any chance of being charged with the crime the police are interrogating you about then YES, ask for an attorney and exercise your right to silence. By talking to the police you are only helping them gather evidence against you. Often they will make promises like saying they... View More
Can bob get off on a technicality? dont they have to prove that he did it on purpose or it doesnt count.
answered on Jan 11, 2011
In Utah, criminal mischief is usually charged where a person person "intentionally damages . . . the property of another." Whether the damage was done "intentionally" can be up to a jury to decide. The fact that a defendant can't remember what happened could actually work... View More
I lent her the items while i was on my 2 year Mormon mission. i have since returned and asked for them back, but she refuses to give them up, saying that "I gave them to her". some of the things that she has she didn't have permission to have in the first place. what should i do in... View More
answered on Jan 7, 2011
Theoretically, you could sue her in small claims court (assuming these are not very valuable items), or you could call the police and report the items as stolen. Whether you succeed in court would depend in part on who a jury or judge believed. If the jury/judge believed her when she said that... View More
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