Utah Criminal Defense Legal Questions

You need to be very careful how you handle this. If there is still a restraining order on you (likely a Jail Release Agreement) you cannot talk to her. You can and will be charged with additional charges if you do. You also cannot have someone else speak to her. You need to contact an attorney to discuss your case. These cases can become very serious very quickly. ... Read More

The problem is there isn't a clear answer on this issue. By Utah law you should be fine, but whether you're a restricted person federally is a little less clear. The problem is the way the law is written even a plea held in abeyance can still be used as an enhancement against you and there is an argument that means it wasn't really dismissed. It is a conviction still. I think you would have a good defense to any charges because you wouldn't "knowingly" be violating the law. The best advice is to contact Utah's BCI and ask them to do a background check to see if you're eligible. They should tell you yes and keep any documentation they give you. ... Read More

You can be charged because until it ends up in the landfill it is still the state's property. However, it will likely be a mitigating factor. You should hire and attorney or if you cannot afford one, ask the court to appoint you an attorney right away. Theft charges, even minor ones, can have very serious repercussions on things like employment and housing. ... Read More

It is up to the judge if you go to jail. It is unlikely that you'll get sent to jail, but you need to contact an attorney to review the details of your case. They will be able to assist you and get you the best possible outcome. If you cannot afford an attorney the cour will appoint one for you. ... Read More

The big picture is her estate and assets past her insurance policies may be at stake.  Thus any admission during this dld hearing could be used against her.   If she wants to defend this matter and keep her license.  She should hire an attorney.   I did one of these hearings in 2021.  Provocriminaldefense.com Jake gunter... Read More

Yes you can. If you feel threatened you (words alone are usually not enough, they have to be threatening to do something or acting like they may come after you) can respond with reasonable force. Meaning if they push you then you can push back or throw a punch. What you can't do is respond with unreasonable force. (i.e. you can hit them with a bat if the push you). If you're in a place that you have every right to be (essentially any public place) you do not have a duty to retreat. Just remember that you do not have a self-defense argument if you're the aggressor. ... Read More

Your son is not a felon.  His prior felony was reduced to a Misdemeanor.  He should always report that he is not a felon.     Your son should inquire about an expungement if 5 years have passed.    When potential employers run a background check, will it show the felony plea or will it show the misdemeanor?   when non lawyers read a background report or court docket they will think it is a felony but upon more discerned reading it will state that it has been reduced to a Misdemeanor.  Always a problem with lay people reading background reports and jumping to conclusions.  You have to explain this sometimes.  Or get it expunged so most people will not see it.... Read More

It is harder to get a first time offender program when you  have a prior theft.  Sometimes if the prior theft was a juvenile offense, I tell them that it should not be counted because it was a juvenile offense and really, the current offense, is their first adult criminal justice interaction. ... Read More

At least talk to a public defender they frequently are very good lawyers and give you the best advice about how a particular judge handles a particular type of case. In general, you will usually be referred to juvenile court, because you are not yet an adult. I juvenile court, you are likely to get community service hours, and some type of drug evaluation and a class on the danger of using drugs, even marijuana, before your brain is fully developed.... Read More