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Utah Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Utah on
Q: What privacy laws would apply to me in a program where I'm homeless in my curtains being shut for privacy

I'm in a homeless program and they moved us up to a motel most recently as state of Utah and I'm being told I cannot have my window curtain shut it must be opened at all times their rules they have to be able to see in what rights do I have toprotect my privacy

James L. Arrasmith
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answered on Sep 7, 2024

In Utah, your right to privacy, even in a homeless program, is important. While programs and shelters may have rules to ensure safety and security, they must also balance these with respecting your dignity and privacy. If a rule requires you to keep your curtains open at all times, you can ask for... View More

1 Answer | Asked in Criminal Law, Communications Law and Military Law for Utah on
Q: My ex boyfriend keeps telling me to kill myself via email. What can I do?

He lives in Virginia and is active duty military. I live in Utah. I am unsure if it is him sending the email or his sister (she supposedly has account access). I was told I am not able to file a protective order because he is out of state.

James L. Arrasmith
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answered on Jul 18, 2024

I'm really sorry to hear about what you're going through. Receiving such emails is deeply troubling, and it's important to take action for your safety and well-being. You can report the threatening emails to your local law enforcement in Utah. Even though he's out of state, law... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Utah on
Q: What are the minimum sentences for 18USC 287, 18USC 371, 18USC 641 and 18USC 1956 (h). I know the maximums. Thank you
James L. Arrasmith
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answered on Jun 22, 2024

For the federal statutes you mentioned, here are the minimum sentences:

1. 18 USC 287 (False, fictitious, or fraudulent claims): No mandatory minimum sentence.

2. 18 USC 371 (Conspiracy to commit offense or to defraud United States): No mandatory minimum sentence.

3. 18 USC...
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2 Answers | Asked in Gov & Administrative Law, Criminal Law and Legal Malpractice for Utah on
Q: I asked my public defender to file a motion and a affidavit I wrote up.and he told me they don't do that. Is he correct

Or is he not

Catherine Cleveland
Catherine Cleveland
answered on Jan 9, 2024

Your attorney has no obligation to file the documents you drafted.

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3 Answers | Asked in Criminal Law and Personal Injury for Utah on
Q: I got into a situation defending a friend that was being beaten up I have charges being filed on me

I was visiting a friend and there was an argument between us and the neighbors . My friends boyfriend went outside and the neighbors started physically assaulting him. I went put to help him and one of them hit me from behind in the eye with a weapon. All of a sudden I hear gun fire and I pull... View More

Mike Branum
Mike Branum
answered on Aug 30, 2023

Your question has a long list of variables. You really do need to sit down with a qualified criminal defense attorney who can review your criminal history (if any) and the charges you are facing, and discuss the circumstances of your arrest to determine what the best course of action is in your... View More

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1 Answer | Asked in Legal Malpractice and Criminal Law for Utah on
Q: Regarding the Miranda rights, I was just curious what the right to attorney would entail?

This would occur in Utah.

T. Augustus Claus
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answered on Aug 9, 2023

The right to an attorney, a part of the Miranda rights, ensures that individuals have legal representation during custodial interrogations. In Utah, as in the rest of the U.S., this right includes the option to remain silent and the right to legal counsel. If you're in custody and the police... View 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
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... View More

Aric M. Cramer
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,... View More

Aric M. Cramer
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
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.

1 Answer | Asked in Criminal Law and Traffic Tickets for Utah on
Q: Hello, my question is ways that i can get my charge of possesion of a controlled substance dissmissed or reduced in utah

An officer from a neighboring city got behind me and followed me untill i reached my city for no reason he pulls me over. His reasons were made up and in my discovery he dont give any probable cause reason on why he began to follow me on the highway. ive done some research and believe theu were... View More

William Melton
William Melton
answered on Feb 13, 2023

You need to hire an attorney. Criminal law is extremely fact specific and you need an attorney to review your case and probably file a motion to suppress.

1 Answer | Asked in Contracts, Copyright, Criminal Law and Intellectual Property for Utah on
Q: Can a storage facility be sued for violation of an NDA

I am writing a book about real events that happened to me/family. I stored the documents for my book in a storage facility. The owners signed an NDA to be able to read my book so far. I moved out of state and they sold my property for non-payment. Can I sue them for breaching the NDA by disclosing... View More

John Michael Frick
John Michael Frick
answered on Feb 11, 2023

No. Your non-payment constitutes a prior material breach that authorized them to sell your stuff and excuses their breach of the NDA.

1 Answer | Asked in Legal Malpractice and Criminal Law for Utah on
Q: My son almost got hit by a bus yesterday. The bus has not been following safety rules for awhile. What can I do legally?

For months the bus driver has been allowing the kids to cross right in front of the bus. Yesterday the bus driver drove off right as my son was starting to cross and other kids were still in the street. My son is young and is now scared of crossing the street.

Aric M. Cramer
Aric M. Cramer
answered on Jan 10, 2023

This is not a criminal law question. If you think the driver is committing crimes, you need to contact the police.

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.... View More

1 Answer | Asked in Criminal Law for Utah on
Q: If I live in a household with a felon and I have guns in a safe only I have access to is it okay for them to live there?
Aric M. Cramer
Aric M. Cramer
answered on Dec 19, 2022

It's ok for you. Not for them. They could be charged for felon in possession by the feds. Get rid of the guns and ammo or the roommate.

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... View 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... View 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... View 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... View 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... View 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... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Utah on
Q: fed officers stopped @ parents home said I was charged for insurance fraud? Didn’t leave any info. Can you verify?
Aric M. Cramer
Aric M. Cramer
answered on Nov 4, 2022

Probably not. Most federal indictments are sealeed until served to prevent a target from fleeing.

1 Answer | Asked in Criminal Law for Utah on
Q: In simple terms. What's the ut difference between parole and being discharged?
Aric M. Cramer
Aric M. Cramer
answered on Nov 4, 2022

Parole Officer - no Parole Officer

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