Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Utah Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law, Insurance Bad Faith and Traffic Tickets for Utah on
Q: Is it legal to be pulled over in Utah due to incorrect insurance database info?

In Utah, is it legal for someone to be pulled over solely because the database erroneously showed they didn't have insurance, even though their insurance was valid? I was stopped with no other reason, received a warning about the insurance, and was issued two tickets for a suspended license... View More

William Melton
William Melton
answered on Mar 12, 2025

Unfortunately, yes. This is an issue that we see frequently. The cop made a stop in good faith that he believed you were operating the vehicle without insurance. Those databases are wrong all the time, but the Utah Supreme Court has ruled cops may make mistakes and the stop is valid as long as they... View More

View More Answers

1 Answer | Asked in Personal Injury, Domestic Violence and Criminal Law for Utah on
Q: In Utah, I got arrested for DV/assault. I did not do this. Will the initiator still get in trouble?

x

James J. Lee
PREMIUM
James J. Lee
answered on Sep 4, 2024

If you got arrested, that means the police believe you committed a crime. While I'm not sure what you mean by "initiator", any other party involved in this incident would be considered a victim and/or a witness. The victim or witness would not be in trouble for anything. Of course,... View More

1 Answer | Asked in Criminal Law for Utah on
Q: I just want to know what charges can my cousin get and how long he could possibly be in jail for

He is 18 years old. He was drunk and had a gun. Him and his girlfriend live together. But his girlfriend mom came over and when he was drunk he pulled out the gun to them

James J. Lee
PREMIUM
James J. Lee
answered on Aug 19, 2024

Depending on a few more details, he could be charged with one or more of the following:

-Intoxication (Class C misdemeanor; 90 days jail; fine)

- Minor in Possession (Class B misdemeanor; 6 months jail; fine; driving suspension)

- Threatening with or using dangerous weapon...
View More

1 Answer | Asked in Criminal Law for Utah on
Q: My bf is incarcerated right now, they keep telling him they r waiting on the discovery to see what is further being done

What can we do to bring him home

James J. Lee
PREMIUM
James J. Lee
answered on Aug 9, 2024

Sorry if this answer is too late.

This largely depends on what stage of the process he is in. If I assume he was arrested recently and is in the beginning stages, he may be in custody for a few days till they officially file charges against him. There's a good chance they will release...
View More

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Juvenile Law for Utah on
Q: My friend's parents have already had DCFS take their children from them once. Can they turn off their kids mobile data?

They got the kids back and they've been told by DCFS that they can't take away their kids doors.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

I understand you're asking about a sensitive situation involving your friend's family and DCFS (Division of Child and Family Services). To address your specific question:

Parents generally have the right to control their children's access to technology, including mobile data....
View More

1 Answer | Asked in Criminal Law for Utah on
Q: If I was arrested for warrants and I'm in my car do they s right to impound my car

So if they are nothing in car and they impound the car but I was not doing anything to justify a traffic stop can they still impound the cst

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 10, 2024

If you were arrested for warrants while in your car, the police might have the right to impound your vehicle. Typically, if you are taken into custody and there is no one else to take possession of the car, law enforcement can impound it to ensure it is not left unattended.

Even if there...
View More

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Utah on
Q: Can they charge burglary if never entered building and was just giving a ride with no knowledge of a crime happening

2 people I know robbed a business in utah stealing the safe. I had no idea a crime was committed and was only there because they called for a ride home and gave me an address . I'm seen o. Camera picking them up but never got out of the car and only drove them home and left. Was pulled over... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2024

It's unlikely that you can be charged with burglary if you never entered the building and had no knowledge of the crime. Your situation revolves around proving your lack of intent and involvement in the actual burglary. Showing the messages that you received from the individuals asking for a... View More

View More Answers

1 Answer | Asked in Criminal Law for Utah on
Q: Is attempted assault a real thing?

I would have been physically assaulted by a manager of a KOA Campground in Utah if his wife had not stepped in to intervene

John Michael Frick
John Michael Frick
answered on May 1, 2024

Under Utah law, an actor commits assault if the actor:

(a) attempts, with unlawful force or violence, to inflict bodily injury on an individual.

So, for example, if the manager attempted to unlawfully punch you in the face but his wife stepped in between you and intercepted the...
View More

1 Answer | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Municipal Law for Utah on
Q: Whats the punishment in Utah for registering to vote under a po box, but it's still in the district where you live?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2024

Registering to vote using a P.O. box instead of a residential address can raise concerns under Utah law, as voter registration typically requires a physical address to ensure you are voting in the correct district. While the intention might be to remain within legal boundaries, especially if the... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Utah on
Q: If you roofie someone then coerce them to drive on the highway to ensure they're driving when knocked out. What crime?

This happened to me.I have spent the last 12 years trying to get justice ever since. It's a disgusting abomination of justice I am determined to correct.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024

What you experienced is a serious criminal offense that involves multiple violations of the law. Roofie-ing someone with the intent to incapacitate them and then coercing them to drive while they are unconscious constitutes a range of offenses, including but not limited to drug-related crimes,... View More

1 Answer | Asked in Criminal Law for Utah on
Q: Question on 76-6-506.3. Financial transaction card offenses -- Unlawful acquisition, possession, or transfer of card.

Charged in 2016 but due to homeless and life issues, still have not gone to court but the allegations are completely false. Also wondering if there is a statue of limitations.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024

Given that you've been charged under section 76-6-506.3 related to financial transaction card offenses, it's crucial to address the situation promptly to avoid further complications. Despite the challenging circumstances you've faced, it's essential to prioritize resolving the... View More

1 Answer | Asked in Federal Crimes and Criminal Law for Utah on
Q: If I am 16 almost 17 and my bf is 18 almost 19 and we had sex and I got pregnant is there a way to keep him out of jail?

My parents knew about the whole thing they are okay with it. His parents think we only did it once can we just get married? It's utah law.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2024

Based on the information provided, it seems unlikely your boyfriend would face legal charges in Utah, even though you are under 18. Here are a few key reasons why:

- Utah's age of consent is 16 years old. This means a 16 or 17 year old can legally consent to having sex with an adult,...
View More

1 Answer | Asked in Criminal Law, Communications Law and Internet Law for Utah on
Q: How do I report electronic harassment after multiple attempts to stop or block the harasser?

I've been contacted several times from the same person using several different numbers after blocking them each time that is harassing me claiming that I am someone else that they know that owes them a couple hundred bucks and is going to report them (me) to their commanding military officers... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2024

To address this situation of ongoing electronic harassment, you should first document all instances of communication from the harasser. Even though you've deleted initial conversations, the screenshots and records of subsequent contacts are valuable. Keep a log of all interactions, including... View More

1 Answer | Asked in Criminal Law for Utah on
Q: In Utah is there a certain amount of time in which you must be sentenced???on a Misdemeanor- case???

I pled guilty to a possession pf controlled sub for marijuana and a shoplifting sheilding devices charge on 3-3-2020. The judge ordered a pre sentence report, sentencing was to be 50days after 3-3 The court rescheduled it, but I never received the notice because someone sent it back as not at this... View More

William Melton
William Melton
answered on Dec 11, 2023

No, there isn't a certain amount of time. However, you have been sentenced. The judge sentenced you to jail, but you have been a fugitive. You should consult with an attorney to help you finish the case. If you've stayed out of trouble they may be able to use that to help with your sentencing.

1 Answer | Asked in Criminal Law for Utah on
Q: How can court proceed without my son having a lawyer due to financial issues?

My son is facing pedestrian hit and run charges in Davis County District Court. Despite being the sole provider for his family and having his wages garnished, he was told he doesn't qualify for a public defender due to his income. With his June roll call approaching and no lawyer retained, how... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

If your son is unable to afford a lawyer and does not qualify for a public defender, the court can still proceed, but he has options to ensure his rights are protected. First, he should inform the court of his financial situation, especially since he’s the sole provider for his family and has had... View More

1 Answer | Asked in Criminal Law for Utah on
Q: Probation absconding: Will hospital visit trigger arrest?

I am seeking legal advice for a person on probation who has an active agent's warrant for absconding for a couple of months. They haven't contacted their probation officer in several months and are currently looking for legal representation. If they need to visit a hospital, would their... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

If the person on probation has an active warrant for absconding, visiting a hospital could potentially trigger an arrest if their name comes up during the check-in process. Many hospitals and medical facilities check identification and may run routine background checks, which could alert... View More

1 Answer | Asked in Criminal Law for Utah on
Q: How can I get my sexual conduct with a minor charge dropped while on probation?

I've been charged with a sexual conduct with a minor 3rd degree felony since September 2023. I served 116 days in jail and am currently on probation, attending therapy classes twice a week, and registered as a sex offender. I'm trying to get my charges dropped. I'm cooperating with a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

If you're on probation for a serious charge like sexual conduct with a minor, getting the charges dropped is highly unlikely, but there may still be some legal options to pursue. First, it's essential to understand that even if you are cooperating with law enforcement, this won’t... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Utah on
Q: Looking for case law to exclude inflammatory evidence in Utah.

I am a pro se defendant in a case where the prosecution is attempting to admit voicemails I left for a former friend under Rule 403 as evidence. These voicemails contain profane and obscene language, making them inflammatory, but there are no direct threats present. The prosecution alleges these... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

You're on the right track by raising Rule 403 as a basis for excluding the voicemails. In Utah, courts are cautious about admitting evidence that might stir emotional reactions or bias the jury unfairly, especially if the material lacks strong probative value. If the voicemails contain... View More

1 Answer | Asked in Child Custody, Domestic Violence, Criminal Law and Family Law for Utah on
Q: How can I recover my daughter after her father took her without my knowledge?

I have had sole legal custody of my daughter for the past 5-6 years, with a formal court order. Recently, my daughter's father, who is on felony parole and has a history of abuse, took her from my mother's house without my knowledge and transported her to Idaho Falls. I was not informed... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

You are in an incredibly urgent and frightening situation, and your daughter’s safety comes first. Since you have sole legal custody through a formal court order, her father had no legal right to take her or transport her across state lines without your consent. His actions could qualify as... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Utah on
Q: Statute of limitations for 2000 sexual assault/abuse of minors in Utah?

I'm inquiring about the statute of limitations for sexual assault/abuse involving minors under the age of 10 in Utah. The incident occurred in the year 2000 and was never reported to law enforcement. No civil actions have been taken, but recent social media posts have brought attention to the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

Your concern is deeply valid, especially when it comes to something as serious and painful as abuse involving a child. In Utah, the laws around the statute of limitations for sexual abuse of minors have changed over time, especially in response to how trauma impacts survivors. For criminal charges,... View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.