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Utah Criminal Law Questions & Answers
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.
Aric M. Cramer
Aric M. Cramer 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

Aric M. Cramer
Aric M. Cramer 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

Aric M. Cramer
Aric M. Cramer 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...
Read more »

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.

Aric M. Cramer
Aric M. Cramer 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?

Aric M. Cramer
Aric M. Cramer 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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1 Answer | Asked in Criminal Law, Animal / Dog Law and Civil Litigation for Utah on
Q: Are there any legal recourses against pet care-giver who gets your pet high, allows it to swallow pot almost killing pet

We dropped off our very small dog to a care-giver supposedly vetted by a larger company (like an air bnb - you find a care-giver in your area with ratings or close by). When we went to pick him up he was extremely lethargic. Care-giver said he was just tired. It didn't make sense. Our dog was... Read more »

Lance E. Bastian
Lance E. Bastian answered on May 26, 2021

With respect to the criminal side of things, you just need to call the police in the jurisdiction where the abuse took place. They will take the information you have and investigate further, as needed. As to the civil side, this case would probably come down to the value of the claim. Assuming the... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: My brother is in jail he’s have charge for aggravated sexual abuse of child in Orem Utah he’s no got sentenced yeah

He’s never went to jail before no trouble I wondering we can finder lawyer for reduction the years in prison?

Lane Wood
Lane Wood answered on May 21, 2021

You brother is facing a very serious charge. The charges potentially carry a sentence of 15 years to life. The statute does allow a reduced term in certain circumstances. You absolutely should be looking for legal representation to assist in this type of case.

1 Answer | Asked in Traffic Tickets and Criminal Law for Utah on
Q: is my drivers license no longer suspended after paying an old speeding ticket

my drivers license in nevada was suspended after not paying a speeding ticket i got in 2013. today i paid the ticket and it’s now paid off and no longer in warrant status. i now live in utah, after taking care of the ticket today is my license no longer suspended? i know i need to get my license... Read more »

Mike Branum
Mike Branum answered on May 11, 2021

You will need to have your driving "privilege" reinstated in Nevada which will involve paying the reinstatement fee. Once your privilege has been restored in Nevada, you may apply for your Utah license.

Having lived in both states and dealt with both motor vehicle departments I...
Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: How much to retain a lawyer for a third degree theft charge
William Melton
William Melton answered on May 10, 2021

That depends on the lawyer. You should contact a lawyer directly. Most of us will do free consultations.

1 Answer | Asked in Criminal Law for Utah on
Q: Is the good samaritan law differ from someone calling for a well fare check, where the caller of the check is protected

I was sitting in my vehicle sleeping outside my ex-girlfriend’s house. I woke up and saw four police officers approaching the vehicle, one of the officers asked me to roll down my window. (I replied to him my car is turned off) He then asked me to get my keys and put in the ignition to roll down... Read more »

Lance E. Bastian
Lance E. Bastian answered on Apr 14, 2021

Utah's Good Samaritan Law is different from its welfare check provision, though based on the information you've given, neither appear to apply to this situation. The Good Samaritan Law has to do with a bystander rendering emergency medical aid at the scene of an accident, and it... Read more »

1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and Immigration Law for Utah on
Q: Can an asylum applicant (who has SSN and Employment Authorization because of it) legally buy a gun?

That person it’s not an ilegal or unlawful alien, and it perfectly fits for all the requirements of the BCI and the Federal laws.

Vince Sykes
Vince Sykes answered on Apr 10, 2021

You need to get a permit; whether you can legally purchase or not. Work permit and SS number don’t confer you status. In fact you have no status, but perhaps refugee seeking to remain in the US. And any weapons offense could negatively impact your asylum application.

1 Answer | Asked in Criminal Law for Utah on
Q: * Possible penalties? 76-6-602 retail theft (3 counts) 58-37-8 (2)(A)(l) 58-37-8 (2)(H)(lll) 58-37A-5 (1

My son was arrested and has been charged with the above charges. He will have a Public Defender. Can you please give me an idea of minimum & maximum penalties he will be facing? Thank you ...

76-6-602 retail theft (3 counts)

58-37-8 (2)(A)(l)

58-37-8 (2)(H)(lll)

58-37A-5 (1)

William Melton
William Melton answered on Mar 28, 2021

You didn't specify what degree his charges are. Assuming the thefts are class B misdemeanors then the maximum penalty is 180 days in jail and a $1,000 fine (per charge). The other code section you cited was the possession of a controlled substance code. His charges will depend on the drugs... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: Dear Sir or MadamI have a question about the admissibility of evidence.

I understand that evidence obtained illegally by a private person is admissable but if it was an illegal search by the government or initiated by the government it's not admissible.

Now, in case evidence was obtained illegally by a private person, but there's reason to believe... Read more »

Brent J Huff
Brent J Huff answered on Mar 25, 2021

It Depends. Ultimately it depends on what the Judge believes. What the Judge believes will depend on the facts of a particular case and how well those facts and the relevant law are argued to the Judge by an attorney. For a judge to determine that evidence was obtained in violation of a... Read more »

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