Utah Criminal Defense Legal Questions

In juvenile court, all he is looking at is some community service hours. At 13 especially, he is not held to the same standard of accountability as an adult. He will learn a lesson don't ever run from the police, because they will catch you sooner or later, but because of his age, the penalties are not that severe.... Read More

No. That's a TV myth. If the police or prosecutor want to use your statements against you in Court, then the officer has to read you your rights before questioning you. However, if they have you committing the crime on video ( which is the case more and more frequently), they have all the information they need, and can question you and never use anything you said.... Read More

It is very difficult to set aside the jury's findings of fact against you.  You should timely file an appeal by going through you plublic defender to get it done.  Filing an appeal is a time sensative matter and you should contact an attorney to determine the timelines for filing an appeal.  You will have free appellate attorney if you still qualify for public defender services.  ... Read More

Good starting point is reading the statute at http://le.utah.gov/xcode/Title76/Chapter2/76-2-S405.html?v=C76-2-S405_1800010118000101  AND http://le.utah.gov/xcode/Title76/Chapter2/76-2-S406.html?v=C76-2-S406_1800010118000101     76-2-406.  Force in defense of property -- Affirmative defense.  (1) A person is justified in using force, other than deadly force, against another when and to the extent that the person reasonably believes that force is necessary to prevent or terminate another person's criminal interference with real property or personal property: (a) lawfully in the person's possession; (b) lawfully in the possession of a member of the person's immediate family; or (c) belonging to a person whose property the person has a legal duty to protect. (2) In determining reasonableness under Subsection (1), the trier of fact shall, in addition to any other factors, consider the following factors: (a) the apparent or perceived extent of the damage to the property; (b) property damage previously caused by the other person; (c) threats of personal injury or damage to property that have been made previously by the other person; and (d) any patterns of abuse or violence between the person and the other person. ... Read More

You have to file a motion with the Court to withdraw your plea, alleging some type of cause why you should be allowed to do so. The Judge may grant the motion if he feels there is good to do so, or he may deny the motion if he feels there is not good cause. The motion must be filed prior to sentencing.... Read More

Indiana has no jurisdiction. If you miss a court date here in Utah, the court will issue a bench warrant. If the charge is a felony, you may be picked up on the warrant and extradited to Utah to face the charge. The best solution would be to turn yourself in here, get things taken care of and then move out of state.... Read More

What will actually happen depends on the judge. If the jail will accept you late, there should be no problem. If the jail refused to accept you late, the court will issue an order to show cause, and you will have a chance to explain what happened. The judge has the option of imposing additional jail time or a higher fine. He is most likely to send you to jail from the court, so be prepared for that.... Read More

There is no way to force the police to arrest or charge an individual. Their failure to do so, however, can raise a good defense, because the property was co-owned, and there is no more evidence against one individual than the other. This fact can be used to raise an issue of reasonable doubt.... Read More

Yes, the Utah Rules of Evidence apply to justice courts.  See Utah R. Evid. 101.   http://www.utcourts.gov/resources/rules/ is a nice link to all the court rules of Utah Courts.    All evidence will require you to prove that the exhibit is what you propose it to be.  That is called laying a foundation that the exhibit is real, authentic and not falsified.    Best of Luck.     ... Read More

If this is a first OWI (=DUI) in any state, then in Wisconsin it is not a criminal offense. You could contact the prosecutor and make some deal involving a forfeiture and some other requirements. If it is a subsequent offense, up through the fourth, you could retain a Wisconsin lawyer and authorize him or her (in writing) to appear for you at all non-evidentiary hearings. Your presence at a final plea-and-sentencing hearing, however, is usually required. It's hard to avoid, since the Court must determine that your plea is knowing and voluntary but if there is some way of getting around that by motion for telephonic appearance, your lawyer can ask the Court to permit it. Good Luck.... Read More