Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Utah Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Utah on
Q: What can I do if a police report was exaggerated and misleading to the actual event

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

James J. Lee
PREMIUM
James J. Lee
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

2 Answers | Asked in Criminal Law for Utah on
Q: If crime took place 98% in utah 2% i Nevada, can both states prosocute same incident or who has legal juristiction ?

Charges are grand larceny and kidnapping (w out physical harm).

Aric M. Cramer
Aric M. Cramer
answered on Oct 13, 2020

Not enough information to answer the question.

View More Answers

2 Answers | Asked in Criminal Law for Utah on
Q: How do I file a motion to get court to change class b in UT from consecutive to run concurrent to parole violatoion time

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

Mike Branum
Mike Branum
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

View More Answers

1 Answer | Asked in Criminal Law for Utah on
Q: In Utah, can the police ask a minor who is a passenger to step out of the vehicle and test them for alcohol consumption?

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.

Mike Branum
Mike Branum
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

1 Answer | Asked in Criminal Law for Utah on
Q: Is it a bad idea to move out of state before a court hearing for a class B misdemeanor for shoplifting under $500?

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

Brian Craig
Brian Craig
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

2 Answers | Asked in Criminal Law for Utah on
Q: If I successfully complete my plea in abeyance, will the misdemeanor A still show up on a background check?
Brent J Huff
Brent J Huff
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.

View More Answers

1 Answer | Asked in Criminal Law, Family Law, Communications Law and Health Care Law for Utah on
Q: Can I record a teleheatlth appointment?

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

Mike Branum
Mike Branum
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

2 Answers | Asked in Criminal Law for Utah on
Q: I have an extensive criminal record that is over 15 years old, d, three prison terms, Can i get them expunged
Aric M. Cramer
Aric M. Cramer
answered on Jul 22, 2020

possibly. you need to set an appointment for an attorney to analyze which cases can be expunged.

View More Answers

1 Answer | Asked in Criminal Law for Utah on
Q: This order means” Defendants attorney moves to dismiss case and gives basis. State objects. Court denies the request.”

Defendant invoked speedy trial rights.

Aric M. Cramer
Aric M. Cramer
answered on Jul 21, 2020

Not sure what your question is.

2 Answers | Asked in Criminal Law and Federal Crimes for Utah on
Q: I am looking for some legal advice for a family member he is currently facing criminal charges he is not being treated

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

Catherine Cleveland
Catherine Cleveland
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.

View More Answers

1 Answer | Asked in Criminal Law for Utah on
Q: Recently applied for expungement and received a denial letter. Says 77-40-105(5)(C) can anybody explain?

77-40-105(5)(c)4 or more convictions that include 3 class b misdemeanors. This was the reason I was denied expungement. Is there anything else I can do? These charges are preventing me from getting a decent job and they are all over 5 years old.

Ian Quiel
Ian Quiel
answered on Jul 12, 2020

Depending on your history, you could file motions in those class B cases to reduce them to lower level offenses and become eligible for expungement. It’s called a 402 reduction. An attorney could definitely help with this and might be preferable, as this involves a lot of paperwork and court... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Libel & Slander for Utah on
Q: Someone has committed criminal defamation against me, what do I do? Should i report it to the police?

In a report made to the police in another matter my neighbor told them I am schizophrenic and that is totally %100 flase, she has also spread this falsehood around the neighborhood to other people.

I can file criminal charges right?

76-9-404.  Criminal defamation. 

(1)A... View More

Mike Branum
Mike Branum
answered on Jun 30, 2020

Defamation is a civil matter. The police are not going to take a report. What you are referring to is filing a false police report. Unless your mental capacity was relevant to the police matter, it is unlikely criminal charges would be sustained for falsely telling police you are schizophrenic. The... View More

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Utah on
Q: My daughter is in prison and needs a lawyer for custody case. She asked me to find her a pro bono lawyer and Im looking

For info on how to go about this?? Thank you

William Melton
William Melton
answered on Jun 17, 2020

You can contact the Utah State Bar. They have resources to direct you to legal help. Also, you can contact the Utah Legal Aid Society. They will be great resources.

1 Answer | Asked in Criminal Law for Utah on
Q: If someone takes my legal property in their house, I'm a resident there, and refuses to return it, is that theft?
William Melton
William Melton
answered on Jun 10, 2020

Most likely, it is always difficult to give a yes or no answer because so many things in the law are fact specific. But when someone takes your property and refuses to return it that is considered theft.

2 Answers | Asked in Contracts, Criminal Law and Civil Rights for Utah on
Q: I was protesting recently and got arrested and charged with indecent public display.

Currently I work as an exotic dancer and I am licensed with an SOB license. If I go in front of a judge and am found guilty of this, would that revoke my license, I can't find anything online regarding it, it says I need to tell them any past arrests but not what would revoke it. I can't... View More

Ian Quiel
Ian Quiel
answered on Jun 2, 2020

The answer would depend on which municipality issued your SOB license. It also depends on what exactly you are being charged with. An arrest or conviction could possibly impact your license. You should contact an attorney immediately if you have been charged in connection with the recent protests.... View More

View More Answers

1 Answer | Asked in Criminal Law for Utah on
Q: PO Violation due to COVID: Had to violate No Contact PO due to exposure of minor son to COVID.

My ex has a baseless No Contact PO against me. I was sick with several COVID symptoms. While infectious I had visitation with my minor son. I was worried for their whole household. It seemed like exigent circumstances. I told my son who was afraid to tell his mom. I sent her a brief text... View More

Ian Quiel
Ian Quiel
answered on Jun 2, 2020

Based on these facts, you could have an excellent defense. If your only communication was regarding a potential emergency (exposure to COVID-19), I suggest hiring an attorney to explain this to the DA and fight the case, if necessary.

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Landlord - Tenant for Utah on
Q: I HIRED A guy for home improvments 1200.00 up front. said he could park his trailer on property untill he finishes,

one month ago he has made, no progress bought no materials, and is using the garage as a storage unit, i never allowed use of garage. i want him gone i want to move his stuff to storage for 30 days like i would a tenant who has left there things behind. i would call this theft by deception for... View More

Aric M. Cramer
Aric M. Cramer
answered on Apr 4, 2020

You need an attorney who practices eviction and real estate law.

1 Answer | Asked in Criminal Law for Utah on
Q: so I got charge for weed misdemeanoer today and I have already filled for my immigration per

Since 17 of this month but I indicate (NO)on form I-485 of being charge of any criminal charges will it affect my form or what should I step to take please

Aric M. Cramer
Aric M. Cramer
answered on Apr 4, 2020

Contact your immigration attorney STAT.

1 Answer | Asked in Family Law, Criminal Law and Juvenile Law for Utah on
Q: Our13 year old son (who we’ve adopted out of foster care at age 5) has raped our two daughters age 10 and 3.

He has been charged with 21 counts of rape and sodomy between the two victims. County attorney representing my daughters states he will most likely get 6 months or less of treatment/incarceration. He has already admitted to his crimes to police. County attorney is going to reduce charges to gain a... View More

Brent J Huff
Brent J Huff
answered on Apr 1, 2020

You can hire an attorney, in Utah victim's of crimes have a right to be heard. One thing you should know is that the juvenile justice system sentences offenders for different purposes that adults. In the District court, a criminal sentence is meant to serve retribution or punishment among... View More

2 Answers | Asked in Criminal Law and Internet Law for Utah on
Q: Is it illegal if I use my neighbors address to sign him up for large amounts of junk mail over a long period of time?
Mike Branum
Mike Branum
answered on Mar 21, 2020

Yes. Grow up. Find a community service project. Stop being a drain on society.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.