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Utah Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Probate for Utah on
Q: How useful is a lawyer help me when I violated probation in Utah

My probation officer came to my house and I was out of state For work .i did not notify him in advance . I can Havecompany prove that I was working .in this ISituation Should I tell him right away or wait until back in the state in a few days then meet him with a lawyer

Aric M. Cramer
Aric M. Cramer
answered on Nov 15, 2019

IF you can be jailed or fined, you need an attorney.

1 Answer | Asked in Criminal Law for Utah on
Q: If i have pending drug charges.No resolution, no deals, nothing. The judge told me I need to go and take a drug test.

Do I have/need to?

Aric M. Cramer
Aric M. Cramer
answered on Nov 11, 2019

Not enough information to opine. Get a consult from a local criminal defense attorney or your current attorney.

1 Answer | Asked in Criminal Law for Utah on
Q: I have never been to jail till Halloween , I was intoxicated in the home I reside, how much trouble am I looking at?

I don’t make this a habit, I’m not a drinker yet I drank to much and blacked out so to speak

Mike Branum
Mike Branum
answered on Nov 2, 2019

Based on the extremely limited information at hand, I will presume you were charged with public intoxication; you have mentioned no other potential crimes. In order to be found guilty of the charges, the prosecutor must prove beyond a reasonable doubt that it was likely that you would have injured... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Utah on
Q: Search of someone's lunge area that is under arrest can they search someone else's property who isant involved?

My boyfriend got arrested for some warrants and ended up having drugs in his pocket. They searched the lunge area in his vehicle which supposedly included my purse on the floor of the passenger side of his vehicle despite me telling them they could not because I wasant under arrest at this point.... View More

Aric M. Cramer
Aric M. Cramer
answered on Oct 31, 2019

I don't know what a 'lunge area' is. These suppression issues are highly fact specific. Contact a local criminal defense attorney for a detailed meeting in person.

1 Answer | Asked in Criminal Law for Utah on
Q: im being charged wit two 3rd degree felonies for possession.I was under a lot of stress of losing a loved one so I fell

asleep in the park it was during the time ur allowed to be there i fell asleep and was woke up by two officer telling me i had been groping my self when i wasn't around no kids no citizens the woke me up by poking at me then asked me if they could search for weapons and some how ended up... View More

Brent J Huff
Brent J Huff
answered on Oct 23, 2019

If officers have a reasonable suspicion of criminal activity, even if the suspicion ultimately turns out to be wrong, they can stop someone for an investigatory detention. During such a detention, if officers have a reasonable suspicion that the person may be armed and dangerous, they can conduct... View More

2 Answers | Asked in Criminal Law for Utah on
Q: All right I'm currently attending adult probation and parole I'm also under psychiatric care with ritalin

Just that I feel bullied and coerced into saying that I am using meth when I'm not and I'm only using Ritalin as I've been told to which keeps pulling up false positives and I'm scared that they are going to try and throw me back in jail for it

Brent J Huff
Brent J Huff
answered on Oct 23, 2019

Provided documentation to AP&P. Stay calm and patient. Don't get "sideways" with them, just continue to explain. Remember that they deal with a lot of people that lie to them about these things. If they do file an OSC, contact and show up with a lawyer and your prescriptions.

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3 Answers | Asked in Criminal Law and Civil Rights for Utah on
Q: I got pulled.over a week ago or so for no registration. And I had a weed pipe on me and a bag of weed.

Utah state. I got possession of controlled substance, possession of drug paraphernalia. Just weed, first charge ever in my 28 years. Also Failure to register registration. Warning. Is what the ticket says.

the officer gave me a break for just making it easy for him when he asked if I had... View More

Mike Branum
Mike Branum
answered on Oct 18, 2019

An attorney would have to inspect your documents to give you a good answer but my suspicion is that there was a communication breakdown between you and the officer. Failure to register is a non-moving violation and is generally dismissed if you produce evidence that you have corrected the problem.... View More

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2 Answers | Asked in Criminal Law and DUI / DWI for Utah on
Q: Expired BAC test tube validity?
Mike Branum
Mike Branum
answered on Sep 26, 2019

Results should be suppressed. You have won the lottery! Has to prosecutor offered a plea deal yet? Don't expect your case to be dismissed, mind you, but the state now has a much harder than ahead of them.

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1 Answer | Asked in Criminal Law and Federal Crimes for Utah on
Q: Can the death penalty be imposed for someone with mental/ psychological illness?

A young friend of mine was sentanced to 25 years in prison at age 17 for stealing beer, the attorney assigned to his case did a poor job in defending him. Whilst in prison he was housed with a rival gang member, they got into a fight which resulted in the other inmates death. My friend is now... View More

Aric M. Cramer
Aric M. Cramer
answered on Sep 23, 2019

The prosecution can seek the death penalty. If he has been charged with agg. murder, and has appointed counsel, they are Rule 8 certified and will look into that issue. Contact them. This constant posting of death penalty issues is not going to get you the answers you want. There are only about... View More

1 Answer | Asked in Criminal Law for Utah on
Q: What can be done if an inmate is being deliberately targeted by staff and warden?

I have a friend on death row he is separated from the rest of the death row inmates and is being deliberately targeted by staff and the warden, he isn't allowed to participate in programming, he isn't allowed to progress, I have a letter from another inmate stating he was personally told... View More

Aric M. Cramer
Aric M. Cramer
answered on Sep 23, 2019

If he's on death row he has several attorneys. You need to ask them.

2 Answers | Asked in Criminal Law and Federal Crimes for Utah on
Q: I am facing 3 Charges for contributing to a minor for alcohol but I am not of legal age to purchase it and I know the

Adult who did purchase it which then Contributes to minors , can I get these Charges Dropped? I am only 18 and not legal age to purchase

Taylor C. Hartley
Taylor C. Hartley
answered on Sep 11, 2019

According to the law, an "adult" for purposes of "Contributing to a minor" is someone who is 18. So, unfortunately, even though you are not of legal age to drink, you are of legal age to contribute to a minor. However, an attorney most likely would still be able to help you with... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Utah on
Q: I'm on probation and renting a room in my aunts house, can they search the whole house or only my property and room?

In utah

Taylor C. Hartley
Taylor C. Hartley
answered on Sep 9, 2019

Normally, law enforcement only has the right to search the area you're renting. If your rental agreement allows you to be in other parts of the house, then you're not just renting a room, but all the common areas, too. The other parts of the house may also be subject to search if you... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Utah on
Q: Are jury statements taken during an investigation on a death penalty appeal considered as New evidence?

an investigator interviewed jury members as part of the appeal process, where jury members stated a judge had spoken to them during deliberations outside counsel and defendant, and stated that the trial atmosphere was intimidating as the trial was held in a prison in a makeshift courtroom, are this... View More

Aric M. Cramer
Aric M. Cramer
answered on Sep 9, 2019

Maybe. This is a highly technical area of State and Federal appellate law. Sounds like the Troy Kell case.

1 Answer | Asked in Criminal Law for Utah on
Q: Is it illegal to get a paternity test done on a deceased father in question?

I got a cheek swab from the funeral home in Idaho and brought it back to Utah with me. The family said they are going to press charges. Did I do anything illegal?

Gary Kollin
Gary Kollin
answered on Sep 7, 2019

https://law.justia.com/codes/utah/2011/title76/chapter9/section704.html

That seems to be the only statute in Idaho. It appears to me that you did not commit a crime. But you should check with an Idaho lawyer

Generally a statement alone is insufficient for a conviction.

Look...
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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Utah on
Q: What happens when a judge addresses the jury outside the presence of counsel or defendant?

The judge addressed the jury during deliberations in a death penalty case without the defendant or his attorney being present. No notes were made in the trial transcripts of the judge ever talking to the jury members. A jury member stated afterwards that her mind had been made up after the judge... View More

Mike Branum
Mike Branum
answered on Sep 6, 2019

Yes. If the judge had a conversation with the jury off the record without defense counsel present, an appeal should be filed.

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4 Answers | Asked in Criminal Law for Utah on
Q: Is it advisable to bring my paper to read my "testimony" off of? Or does that make for irrate judges?

This is for a second degree felony drug charge, I was offered a third degree felony and they would take off the DUI. i am shooting for a Class A misdemeanor with the DUI. I am a freelance writer, the "letter" is very proper in manner, persuasive yet honest. Court makes me nervous at... View More

Gary Kollin
Gary Kollin
answered on Aug 21, 2019

You have a lawyer. This is exactly the thing you should be discussing with your lawyer instead some unknown attorney on the internet who especially cannot review what you wrote

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3 Answers | Asked in Criminal Law and Real Estate Law for Utah on
Q: How do i prevent someone from coming onto my property when they have been verbally instructed not to but still do.

There has been physical altercation between the individual and one of the residents as well. Despite numerous times of being told to not come onto our property or into our home the individual has continued to do so. It is the boyfriend of one of our children. Neither are residents.

Aric M. Cramer
Aric M. Cramer
answered on Aug 16, 2019

This is not a criminal law issue or question.

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2 Answers | Asked in Criminal Law and Small Claims for Utah on
Q: Person keeps product, credit card company refunds money

A person in another state buys a product from me he called me telling me it was damaged I asked him to take a photo and text it to me so I could help him with a replacement he refused then told me he wished he would have bought a cheaper one at Walmart and told me to send him a shipping label so he... View More

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Aug 13, 2019

No, this is illegal. He has breached his contract. The contract was made when he purchased the product. If you want recovery, you can sue in small claims for the price of the product and service fees. It may not be worth your time, but you have a cause of action.

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2 Answers | Asked in Criminal Law for Utah on
Q: What's the statue of limitations?

I went to a grocery store in 2013 and they accused me of stealing some pens but they just said to leave and to never come back which I didn't until today so can the company still file charges even though it's been so long?

Brent J Huff
Brent J Huff
answered on Aug 11, 2019

2 years for a misdemeanor. 4 for a felony. So the theft allegation from 2013 would be past the statute. However, a trespass charge could be filed for returning.

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2 Answers | Asked in Criminal Law, Family Law and Juvenile Law for Utah on
Q: so I am just wondering if I should get a laywer for my daughter my only thing is I dont have the money for one well

not a down payment my daughter is 11 years old and is getting charged with a felony and a class b misdominer her and a friend went to walmart and on the way in found a credit card went in used the credit card for like 15 .00 than tryed to pull money out at the ATM witch mind you did not work at the... View More

Mike Branum
Mike Branum
answered on Aug 7, 2019

Your daughter is entitled to a court-appointed attorney. I am not sure a privately-retained attorney would have much advantage over the public defender in this case.

Hopefully your daughter can get some assistance coping with the losses she has sustained in her young life.

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