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Utah Criminal Defense Legal Questions

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228 legal questions have been posted about criminal law by real users in Utah. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include theft, weapons charges, and death penalty. All topics and other states can be accessed in the dropdowns below.
Utah Criminal Defense Questions & Legal Answers - Page 3
Do you have any Utah Criminal Defense questions page 3 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 228 previously answered Utah Criminal Defense questions.
Criminal Law
Utah

Recent Legal Answers

Do I have a self-defense case if I was inside my home and she hit me first?

Answered 9 years and 5 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
As long as what you did was to protect yourself, you can claim self-defense. I would probably try to negotiate a lesser charge, and if that didn't work, go to trial.
As long as what you did was to protect yourself, you can claim self-defense. I would probably try to negotiate a lesser charge, and if that didn't... Read More

Should it be 1 crime, 1 punishment and not 1 crime 2 felonies?

Answered 9 years and 5 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Under Utah law, there is no separate crime of being an accessory. If you are an accessory, you are just as guilty as the one who commits the actual crime.
Under Utah law, there is no separate crime of being an accessory. If you are an accessory, you are just as guilty as the one who commits the actual... Read More

Can that jail time count towards another case if I have done 20 days in jail and was proven innocent?

Answered 9 years and 6 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It depends on the judge. Some judges will give you credit for time served on another matter, but most will not.
It depends on the judge. Some judges will give you credit for time served on another matter, but most will not.

What could I potentially be looking at if I was caught looking for medication at family member’s home but nothing was taken?

Answered 9 years and 6 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Attempted theft?, but even that would be hard to prove. If you were not supposed to be in the house, there might be a charge of burglary/breaking and entering. Based on the facts, presented, I don't think there is any really solid charge.
Attempted theft?, but even that would be hard to prove. If you were not supposed to be in the house, there might be a charge of burglary/breaking... Read More

Will I be tested at court if I have two charges of possession of a controlled substance and paraphernalia?

Answered 9 years and 6 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
In juvenile court, yes. In adult court, probably not, but it depends on the judge.
In juvenile court, yes. In adult court, probably not, but it depends on the judge.

Can an officer of the law steal a vehicle and then refuse to file a grand theft auto report implicating himself in the felony?

Answered 9 years and 6 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You need to over his head at the police department, and have a supervisor file the report.
You need to over his head at the police department, and have a supervisor file the report.

How can I reduce a domestic violence Felony and get no jail time?

Answered 9 years and 6 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Where in the legal process are you? You should be able to get an attorney, and if you can't afford one, public defenders are usually very good attorneys. It sounds like you have a reasonable defense, and the matter should go to trial (unless you get a good plea bargain), but you will definitely need an attorney to represent you.... Read More
Where in the legal process are you? You should be able to get an attorney, and if you can't afford one, public defenders are usually very good... Read More

What is a lesser charge to forgery?

Answered 9 years and 7 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Depending on what the prosecuting attorney will do, the most lesser charge is an attempt, or possibly an attempted theft.
Depending on what the prosecuting attorney will do, the most lesser charge is an attempt, or possibly an attempted theft.

Will a civil citation affect the probationary period in place in another state through a plea bargain, due to a criminal offense?

Answered 9 years and 7 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
A civil matter should not have any effect on a criminal matter.
A civil matter should not have any effect on a criminal matter.

Can I sue the city for giving me a false citation for a dog running loose when I did not even have the dog at the time?

Answered 9 years and 8 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You may well have a good case, but you need to talk with an attorney who handles civil rights complaints. I certainly would plead not guilty to both of the citations, and make the city take their cases to court.
You may well have a good case, but you need to talk with an attorney who handles civil rights complaints. I certainly would plead not guilty to both... Read More

What type of motion do I need to file to extend my set court date?

Answered 9 years and 8 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You just need to file a motion for a continuance, and state in the motion the reason for the continuance. If the reason is valid, most judges will grant it. Be sure to send a copy to the other party's attorney.
You just need to file a motion for a continuance, and state in the motion the reason for the continuance. If the reason is valid, most judges will... Read More

Once courts find that doubt of defendant’s competence to stand trial, shouldn't there be a hearing held on issue?

Answered 9 years and 8 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Whenever I have had two experts disagree about competency, the court had invariably ordered a third evaluation. I would try to get the public defender's office to get a different attorney to represent me. If you can afford it, hire your own private attorneys usually have about one-third of the number of cases a public defender has, and are more likely to have the time to prepare adequately for a trial.... Read More
Whenever I have had two experts disagree about competency, the court had invariably ordered a third evaluation. I would try to get the public... Read More

How do I get a protective order removed if I didn't ask for it?

Answered 9 years and 9 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You have to contact the prosecutor and tell him you want the protective order lifted. He may refuse, and wait until the hearing in front of the judge, where you have a right to tell the judge what you want.
You have to contact the prosecutor and tell him you want the protective order lifted. He may refuse, and wait until the hearing in front of the... Read More

Being stalked by corworker. Have an injunction, evidence, and police and HR won't do anything. Just want it to stop. Who can help?

Answered 9 years and 9 months ago by attorney Jacob Spencer Gunter   |   1 Answer   |  Legal Topics: Criminal Defense
Hire an attorney to bring an order to show cause as to why that person should not be held in contempt, sent to jail or fined for violating the stalking injunction. Document with the police the injunction violations, so the prosecutor may bring charges.  Violating a stalking injunction is a Class A Misdemeanor.   Jake Gunter ... Read More
Hire an attorney to bring an order to show cause as to why that person should not be held in contempt, sent to jail or fined for violating the... Read More

What charges could he be facing if we decide to continue our relationship and what problems could occur if I’m only 14?

Answered 9 years and 9 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You can date anyone of any age, but if he does have sex with you before you are 18, he could go to prison. Just a word of caution against any chance of his getting to the point with you where he could wind up in prison.
You can date anyone of any age, but if he does have sex with you before you are 18, he could go to prison. Just a word of caution against any chance... Read More

Could the cops legally search my parked rental car?

Answered 9 years and 10 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
I think there is a violation, and would challenge the stop.
I think there is a violation, and would challenge the stop.

Should I be worried if they told me I still could be facing charges depending on what was in my phone?

Answered 9 years and 11 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes, they could still charge you with something. If your friend is willing to admit to what he did, though, you could still get the charges dismissed at some point. If he will not admit to what he was doing, and is willing to let you take the charges, you could be in trouble. You will definitely want to hire an attorney for this either way.... Read More
Yes, they could still charge you with something. If your friend is willing to admit to what he did, though, you could still get the charges... Read More

Is there is any possible way of lifting this life long sentence on the firearms side?

Answered 9 years and 11 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Part of the problem you have is that part of your restrictions result from federal law.. Even if you had been charged with a different offense that did not result in a ban directly, the feds could look not at the charge but the facts, and determine whether you were banned or not. The best thing to do would be to talk with a lawyer in the state where the felony occurred, and see if there is a way to get the charge reduced or expunged, and see if that will help. If that does not, we would have to look at the specific statutes, and see if there is another way to clear your record.... Read More
Part of the problem you have is that part of your restrictions result from federal law.. Even if you had been charged with a different offense that... Read More

Is it too late to report statutory rape if it happened 6 years ago?

Answered 9 years and 11 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
No. Depending on what evidence there is to support the allegation, the police or prosecutor may or may not do anything, but it is always worth the time to file the report. At worst, you are in the same position you are in now. You have nothing to lose by reporting the rape.
No. Depending on what evidence there is to support the allegation, the police or prosecutor may or may not do anything, but it is always worth the... Read More

What options does my niece have if someone used her name 3 years ago on an assault charge?

Answered 10 years ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
She is not entitled to an attorney if the charge is an infraction which I don't believe it is. She needs to retain an attorney to fight the charge, and then get a recording of any previous hearings, if available. If not available, she will need to work with her attorney to bring in evidence to show that she is not the defendant, and has never been to court on the charge.. If she has appeared, the prosecutor should recognize her. From the information you have presented, I am not sure exactly where in the process she is, and to give more accurate advice, I will need to find out what has happened in the past.... Read More
She is not entitled to an attorney if the charge is an infraction which I don't believe it is. She needs to retain an attorney to fight the charge,... Read More

Is there a better deal we can get for probation violation other than jail time?

Answered 10 years ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Not likely. When you blow off the court for a whole year, and only come in because of new charges, judges are not very impressed. He is lucky that 30 days is all he got.
Not likely. When you blow off the court for a whole year, and only come in because of new charges, judges are not very impressed. He is lucky that... Read More

What can I expect at court or how can retail theft charges be dropped?

Answered 10 years ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
I always recommend hiring an attorney, especially if you do not qualify for a public defender. Video proof is not the only proof the store may have, so do not go in on your own relying just on that.
I always recommend hiring an attorney, especially if you do not qualify for a public defender. Video proof is not the only proof the store may have,... Read More

What is this procedure called for zero bail?

Answered 10 years and a month ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Never heard of it. Bail has two purposes: to make sure you appear for the next hearing, and to make sure you do not get any violations while waiting for the next hearing.
Never heard of it. Bail has two purposes: to make sure you appear for the next hearing, and to make sure you do not get any violations while... Read More

How can I get my guns back from my daughter?

Answered 10 years and a month ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You can sue her civilly to get them back, or file a complaint with the police, and have her charged with theft.
You can sue her civilly to get them back, or file a complaint with the police, and have her charged with theft.

What can I legally do after someone lied about their identity over the phone?

Answered 10 years and a month ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If you can identify who took the money, you can sue for fraudulent representation, among other things. The real problems will be identifying the person who took the money, and then collecting any judgment from them. If money was spent by credit card, you can have the credit card company reverse the charges, if you act promptly.... Read More
If you can identify who took the money, you can sue for fraudulent representation, among other things. The real problems will be identifying the... Read More
Criminal Law
Utah

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