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.
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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.
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)
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... View More 
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... View More
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... View More
answered on Mar 23, 2021
The standard (and maximum) fine for this offense, which is a class B misdemeanor, is $680. However, Utah courts also, as a matter of course, add a 90% surcharge to such fines. Depending on the circumstances, the fine can often be negotiated to something lower and dropping the surcharge. If that... View More
It’s prohibited to convict someone of a inchoate and principal offense. What can I do ?
answered on Mar 19, 2021
Ultimately the answer is "likely nothing." The time to dispute the contents of a plea agreement is prior to entering the plea agreement. The Court takes a lot of time to ask a lot of questions on the day the plea is entered. Questions like: "Have you reviewed the agreement?"... View More
In evidence unclaimed for +9 months w/zero conversion on additional 3 misdemeanor charges of 3 credit cards in wallet & 3&1/2 months served before plea of abbayance.
answered on Feb 26, 2021
It isn’t clear what you’re asking. Can you ask your question again?
My sister is being held at Salt Lake County Jail and has two holds one is a US Marshals federal hold and the other an immigration hold. She has only had one court date even thought she has been incarcerated since August. She has had a lawyer come see her twice in 6 months whom claims is a private... View More
answered on Jan 22, 2021
It sounds like your sister may be dealing with a federal case. Federal cases tend to move slowly; it would not be unusual for a person to have initially appeared before the court in August and to not have had another hearing. By calling an attorney with access to the federal and state systems, you... View More
what do I expect in court? I did exercise my 5 amendment.
answered on Dec 16, 2020
Both of these charges have a maximum punishment of 180 days in jail, but you should not expect jail time. If you are convicted you should expect to lose your license for 6 months and to be ordered to do a substance abuse assessment and treatment. You should talk to an attorney about possible... View More
Is there a chance to remove my name from DCFS database, and somewhere down the line to adopt my cousins in case they get put into fostercare? i'm willing to undergo any psychological testing or other proof to show i am not a danger.
answered on Dec 7, 2020
My reading of the statute is that being on the child abuse registry alone does not prevent you from adopting a child. I don't know the process, if any, for removing oneself from the child abuse registry, but I have successfully completed an adoption for an individual who was on the registry.... View More
I told him I left it at home and he took my driver license and didn't give me a ticket or a paper for it im surprise. And I'm just wondering am I good or am I screwed
answered on Nov 18, 2020
No where near enough information to assess your issue. Call a local criminal defense attorney to get a consultation.
Was accused of domestic violence whereas I was arguing with my girlfriend no violence. I slit my wrist was why 911 was called. No medical given. DV charges because he had scratches. But had scratches because police had her walk through the woods in the dark because could not find her on the trail
answered on Nov 18, 2020
Sorry to hear about that. Since you've already been charged, it's too late to do anything with the report or with police. The next stage is addressing these issues in court. There are two ways this can be done: 1. talking with the prosecutor to discuss the factual discrepancies and/or 2.... View More
Charges are grand larceny and kidnapping (w out physical harm).
My husband was on parole when he got charged with 5 charges Class A misdemeanors dropped to only 2 Class b one was criminal mischief and other from a separate case was for leaving the scene of an accident. These led to him being in prison on a parole violation. He was sentenced this week to two 6... View More
answered on Oct 2, 2020
First, you cannot file a motion on your husband's behalf unless you have a pre-existing power of attorney for some reason. Only your husband or someone with power of attorney for him, like a lawyer, may file a motion in his case.
Second, one cannot run sentences consecutively backwards... View More
The driver was not under the influence and was pulled over because her headlights were not on at 3 am. Accused were residences in Idaho visiting in Utah.
answered on Sep 9, 2020
The short answer is "yes". The officer does not have to have probable cause only reasonable suspicion. Officers may ask occupants to exit the vehicle for officer safety, to investigate a suspected crime, or for just about any other reason they can explain in court. Not having your... View More
I've recently been charged with a class B misdemeanor for shoplifting under $500. I don't have a court date yet but I need legal advice. This is my first charge with anything. I was trying to move to Colorado at the end of September and I still want to but I don't know if... View More
answered on Aug 8, 2020
Consider contacting a Utah criminal defense lawyer. A person convicted of a Class B misdemeanor can face up to six months in jail. Usually, a criminal defendant for a class B misdemeanor needs to make an initial court appearance within 14 days, even it is by video. If the defendant fails to appear,... View More
answered on Aug 5, 2020
Nope, that's the point. However, it will show that you were charged until you expunge the case. Once you get done, contact an attorney to expunge record all together.
Alright, might sound like a weird situation but here we go. I recorded a family therapy session on my phone. It only has the audio. I have epilepsy and part of that is memory problems. So, I recorded the session so I could make a transcript of the session to read over and understand better and... View More
answered on Aug 2, 2020
This is an example of why you do not take legal advice from therapists. This is an extremely complex question and I would need more information to provide the best answer but based on what you have described, I would not be concerned. Even if the recording is technically illegal, which is not... View More
answered on Jul 22, 2020
possibly. you need to set an appointment for an attorney to analyze which cases can be expunged.
Defendant invoked speedy trial rights.
He has Been going threw a split with his wife as of last year she had been having an affair with a police officer she has made many attempts to cause many problems for him. The officer also has arrested him and stole personal property during intake his wedding band He did not include this ring on... View More
answered on Jul 16, 2020
If he does not have a lawyer, he needs to get one ASAP. His lawyer can explain what is happening with the courts.
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