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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 2
Do you have any Utah Criminal Defense questions page 2 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

How do I find out if there is a protective order on me for a case that was dismissed?

Answered 8 years and 7 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Call the Court where the case was filed and subsequently handled.
Call the Court where the case was filed and subsequently handled.

What can I do if my son is a juvenile and had been bound over to an adult court to face these charges?

Answered 8 years and 7 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
I am assuming your son has an attorney or he would not have gotten through the legal process far enough to be bound over to adult court. You really need to talk with your attorney about the whole situation.
I am assuming your son has an attorney or he would not have gotten through the legal process far enough to be bound over to adult court. You really... Read More

My girlfriend and I are on the home title, she wants her sister to come over a lot but I don’t, can I have the police make her leave?

Answered 8 years and 8 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Not unless you want a fight with your girlfriend. Anyone who resides at the residence has a right to have guests. If your girlfriend invites her sister over, you can't stop her from coming.
Not unless you want a fight with your girlfriend. Anyone who resides at the residence has a right to have guests. If your girlfriend invites her... Read More

How can he handle this, does he need to go to the arraignment and plead not guilty to be able to talk with the prosecutor at the pretrial hearing?

Answered 8 years and 8 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
He has to appear at the arraignment, or a bench warrant will be issued. Prior to the hearing, he needs to talk with the prosecutor. He may need an attorney to make sure he knows what to do to convince the prosecutor that he is not the person who was stopped.
He has to appear at the arraignment, or a bench warrant will be issued. Prior to the hearing, he needs to talk with the prosecutor. He may need an... Read More

What do I bring to court for driving without insurance?

Answered 8 years and 8 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Take proof of insurance, i.e. a letter from your insurance agent, stating when you were covered. If you did not have insurance, take proof that you are now insured.
Take proof of insurance, i.e. a letter from your insurance agent, stating when you were covered. If you did not have insurance, take proof that you... Read More

What would they do to me after I stole but paid the amount?

Answered 8 years and 8 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The most likely next step for you to be referred to juvenile court and charged with a misdemeanor. You will probably get some community service hours. It will result in a criminal record, but it is for a minor charge, and you should be able to resolve everything with a minimum of trouble.
The most likely next step for you to be referred to juvenile court and charged with a misdemeanor. You will probably get some community service... Read More

Can the police come on my property and take pictures of personal property to use as evidence of theft?

Answered 8 years and 8 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If the property is in plain sight, yes.
If the property is in plain sight, yes.

What can happen if I failed to report to probation and failed to report new address change?

Answered 8 years and 9 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
An order to show cause why you should not be held in contempt of court will be issued. If picked up on the warrant, you will be held in jail until your case is brought back before the judge. At that time, if it is a first order to show cause, you will be placed on probation again, and ordered to report to probation.... Read More
An order to show cause why you should not be held in contempt of court will be issued. If picked up on the warrant, you will be held in jail until... Read More

What should I do if I am being falsely accused of fraud?

Answered 8 years and 10 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Your best option is to get an attorney, and have the attorney talk to the police. Be sure to give the attorney access to any information that will show the police that you are not guilty of anything, i.e., text messages, etc.
Your best option is to get an attorney, and have the attorney talk to the police. Be sure to give the attorney access to any information that will... Read More

Is it possible to appear and have the warrant removed so I can get my passport?

Answered 8 years and 10 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It depends on the judge, but most judges will not recall a felony warrant until the defendant appears in court.
It depends on the judge, but most judges will not recall a felony warrant until the defendant appears in court.

Does a police need evidence when charging someone with assault by prisoner?

Answered 8 years and 11 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Of course they need evidence. If they do not have evidence, at trial they will lose, and will have opened themselves up to a civil rights lawsuit. I believe that your real question is what constitutes evidence. Yes, testimony by other people is evidence.
Of course they need evidence. If they do not have evidence, at trial they will lose, and will have opened themselves up to a civil rights lawsuit. I... Read More

Does a police need evidence when charging someone with assault by prisoner?

Answered 8 years and 11 months ago by attorney Mr. Nathaniel D Shafer   |   2 Answers   |  Legal Topics: Criminal Defense
Yes, they will need some form of evidence. It could be an eyewitness, a video recording, or some sort of injury, but, yes, they need evidence.
Yes, they will need some form of evidence. It could be an eyewitness, a video recording, or some sort of injury, but, yes, they need evidence.

How much does it cost to fight a DUI?

Answered 9 years ago by Brian K Wanerman (Unclaimed Profile)   |   49 Answers   |  Legal Topics: Criminal Defense
It depends on how many "battles" you want your attorney to "fight" and the difficulties of each "battle." If, for instance, you want representation only at your arraignment, the cost should be fairly cheap. It will cost a lot more if you want him to challenge evidence, file motions or take the case to trial. Many attorneys also charge extra for fighting the automatic driver's license suspension by the DMV. It also depends on your history. It will probably cost less if this is your first offense than if you have previous DUI convictions. And it depends on the facts. The stronger the DA's evidence against you, the more it will cost to fight. In your case you said you had one drink but the officer said you were "drunk." If your blood did not test at an alcohol concentration of at least .08, then you cannot be charged with the "B count" in which impairment of your judgment is presumed. But, you can still be convicted of the "A count" if the prosecution can prove you were impaired by putting on additional evidence. (e.g. erratic driving, speeding, stumbling, slurred speech, "failing" field sobriety "tests",etc.) You should consult an attorney in your area who can give you advice tailored to your specific situation.... Read More
It depends on how many "battles" you want your attorney to "fight" and the difficulties of each "battle." If, for instance, you want representation... Read More

How much does it cost to fight a DUI?

Answered 9 years ago by Joshua Ussama Aldabbagh (Unclaimed Profile)   |   49 Answers   |  Legal Topics: Criminal Defense
The price range will vary dramatically from attorney to attorney. I would recommend getting a price from several different lawyers before choosing one, and make sure the price you are quoted is certain, flat fee.
The price range will vary dramatically from attorney to attorney. I would recommend getting a price from several different lawyers before choosing... Read More

Is it right for a court to be able to change the prosecutor 3 times in a criminal case and it was changed without notice?

Answered 9 years ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The court doesn't change the prosecutor, the prosecutor's office decides which attorney will handle a particular case, and sometimes that is decided by court calendars (I assume the prosecutor's office appears in more than one court). This is not unusual, nor improper.
The court doesn't change the prosecutor, the prosecutor's office decides which attorney will handle a particular case, and sometimes that is decided... Read More

Can I get in trouble for shooting my guns if I'm on probation for a misdemeanor charge?

Answered 9 years ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
What is the charge, and where are you shooting? The answers will make all the difference in my response.
What is the charge, and where are you shooting? The answers will make all the difference in my response.

If my husband was arrested for a misdemeanor, he was bailed out of jail, but missed his court date, how long can they hold him in jail?

Answered 9 years ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
He is likely to stay in jail until his next court date, unless you can show the judge that there has been a substantial change of circumstances that would justify reducing the bail amount. If you believe you can show that, you will have to file a motion to have a hearing on the issue.
He is likely to stay in jail until his next court date, unless you can show the judge that there has been a substantial change of circumstances that... Read More

Hit & Run Incident, left scene before officer arrived

Answered 9 years and a month ago by attorney Jacob Spencer Gunter   |   1 Answer   |  Legal Topics: Criminal Defense
Clearly get an attorney first.  Do not talk to the police without an attorney.  
Clearly get an attorney first.  Do not talk to the police without an attorney.  

If I was took to jail on a DUI and possession of a substance, turns out I was never charge for any charges, why they need to put me so long in jail?

Answered 9 years and a month ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
My biggest concern is the length of time you were in custody. I would contact a civil rights attorney to see if you have a good case, and if they will take it.
My biggest concern is the length of time you were in custody. I would contact a civil rights attorney to see if you have a good case, and if they... Read More

Am I going to go to jail if I’m on probation, missed an appointment with my probation officer because of mental health reasons?

Answered 9 years and a month ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Probably not. You will go to jail if you commit a new crime, or have missed several appointments with your PO.
Probably not. You will go to jail if you commit a new crime, or have missed several appointments with your PO.

If I pay the company back, will I be in any trouble?

Answered 9 years and a month ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Technically, you could be charged with theft, but it sounds like the company is only asking for you to repay them.
Technically, you could be charged with theft, but it sounds like the company is only asking for you to repay them.

What is going to happen if I stole one of my friends debit card but I didn't know the pin so I used it as credit?

Answered 9 years and a month ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You could be charged with theft; given the amount involved, I suspect it would be a misdemeanor. You need to hire an attorney to see if he can work out a plea bargain to minimize the impact.
You could be charged with theft; given the amount involved, I suspect it would be a misdemeanor. You need to hire an attorney to see if he can work... Read More

How do I get a no order contact dismissed?

Answered 9 years and 3 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If the order is against the other party, you can contact the police and request that the order be dismissed. If it is against you, the other party must request that it be dismissed.
If the order is against the other party, you can contact the police and request that the order be dismissed. If it is against you, the other party... Read More

How do I expunge a stalking charge, after texting ex-wife to speak to my children after she relocated to another state?

Answered 9 years and 4 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If you were convicted of the charge, you must wait at least three years (for a misdemeanor) from the date of termination of probation, and then you can file a petition to expunge. The instructions and forms can be found at the website for Utah Courts.
If you were convicted of the charge, you must wait at least three years (for a misdemeanor) from the date of termination of probation, and then you... Read More

How can I be accused of underage drinking when I wasn’t in possession or under the influence?

Answered 9 years and 5 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
They can charge you, but this is a fact situation, as you have explained it, which would justify fighting and taking to trial. If they did no tests to show that you had alcohol, they may have trouble proving beyond a reasonable doubt that you had consumed alcohol.
They can charge you, but this is a fact situation, as you have explained it, which would justify fighting and taking to trial. If they did no tests... Read More
Criminal Law
Utah

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