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Utah Criminal Law Questions & Answers
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.

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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

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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.

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2 Answers | Asked in Criminal Law and Probate for Utah on
Q: I was in probation when I was 17 I ranawayand I’m 20 Haven’t had any problems am I good?

When I was 17 I was on probation I did good till about the third month and it kept getting worse and worse living with my dad(he’d get in my face yelling, threaten to hit me, constantly would kick me out then threaten to call my PO for running away constantly degrade me cause my weed charges(2))... View More

Brent J Huff
Brent J Huff
answered on Mar 10, 2020

You should call an attorney who can look up the case in the CARE system. It seems unlikely that the Court would have any interest in pursuing the case; but, there is no way to know if you are good without determining what occurred in the case.

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1 Answer | Asked in Criminal Law for Utah on
Q: What defines a "loaded firearm" as it pertains to the transport or storage of a weapon in a personal vehicle?

I am located in Utah. I am doing research regarding the purchase of a firearm to keep in my personal vehicle, most likely a shotgun, for self-defense purposes.

Utah law 76-10-505 states that this may not be a loaded rifle, shotgun, or muzzle-loading firearm.

Utah law 76-10-502... View More

Mike Branum
Mike Branum
answered on Mar 9, 2020

Firstly, if you feel the need to carry a shotgun in your vehicle for personal protection; you should likely do one of two things: 1) find a better part of Provo to live in, work in, or frequent (whichever is the case when you feel you need that much personal protection or 2) seek therapy for the... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Utah on
Q: a judge is making me deal with DCFS for an unborn child when no other children live in the home? Also go to juvenile co

I'm going to adult court for me, and juvenile court for the unborn child? I don't understand how DCFS can be involved if the child isn't born yet, and if no other kids are in the home. I also don't get why I'm also seeing a juvenile judge for my unborn baby when I'm an... View More

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

You need a family law attorney, not criminal defense

3 Answers | Asked in Child Custody and Criminal Law for Utah on
Q: Can I file a protective order for my child?

I just want to know if I am able to file a protective order for my child 15 years old against her cousin over 30 years old? He was sending my daughter naked pictures of himself saying it was an accident but also saying he’s ok if he does it accidentally and if she felt like she wanted to send him... View More

Aric M. Cramer
Aric M. Cramer
answered on Feb 29, 2020

This question is a family law question - try that area.

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3 Answers | Asked in Criminal Law for Utah on
Q: I am going to court for a misdemeanor b and I am not sure what to binge with me
Aric M. Cramer
Aric M. Cramer
answered on Feb 28, 2020

An attorney

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1 Answer | Asked in Criminal Law for Utah on
Q: If I'm in another state with a detainer on me from Utah... I want to know

is it by law that I get credit for all that time serve from the day the detainer was placed on me?

Aric M. Cramer
Aric M. Cramer
answered on Feb 27, 2020

Not enough information to answer your question. Get a consultation with a Utah lawyer to get all the details to them to help you.

3 Answers | Asked in Criminal Law for Utah on
Q: How much does a Lawyer usually cost for Drug offenses?
Aric M. Cramer
Aric M. Cramer
answered on Feb 19, 2020

That's like asking how much a car costs.

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1 Answer | Asked in Consumer Law and Criminal Law for Utah on
Q: I have a class a mis warrant in Utah and I lost my DL. Can I be arrested at the DMV if I go get another one?

Warrant is for 1st intensive probation violation

Brent J Huff
Brent J Huff
answered on Feb 12, 2020

Technically a person can be arrested anywhere because a warrant is a judicial command to any law enforcement to arrest that person. Whether an officer at the DMV is likely to execute a warrant is hard to say. But, if DMV suspended a license due to a warrant, and the warrant still exists, it seems... View More

2 Answers | Asked in Criminal Law and Immigration Law for Utah on
Q: I want to move to Utah from England But my brother commited theift and another reslly light crime.Will be able to move
Aric M. Cramer
Aric M. Cramer
answered on Feb 9, 2020

You need to discuss this with an Immigration attorney or someone licensed in England.

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