Utah Criminal Defense

Frequently Asked Questions

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Your Guide to Common Questions About Law

When facing criminal charges or navigating legal challenges, knowing your rights and obligations is essential. Below, we answer some of the most common questions about law in Utah, including drug charges, DUIs, domestic violence cases, and more.

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What Is the Fine for Simple Marijuana Possession?

The standard fine for a marijuana possession conviction in Provo or Orem is $683, as outlined in the Utah bail schedule. You can usually pay this fine over the probationary period.


What Is a Criminal Diversion Agreement?

A Criminal Diversion Agreement allows charges to be dismissed if you successfully complete probation. This option can help avoid a criminal conviction on your record.


Who Is Attorney Jake Gunter?

Attorney Jake Gunter has over 15 years of experience exclusively representing individuals—not businesses—in criminal cases. As a trial lawyer, he dedicates his practice to courtroom advocacy, not transactional law like drafting wills.


What Is the Fine for Drug Paraphernalia Possession?

A conviction for possessing drug paraphernalia, such as a pipe or needle, carries a $683 fine and is a Class B Misdemeanor. These cases are typically heard in Utah Justice Courts.


What Is Considered a Domestic Violence Charge in Provo Orem?

Domestic violence charges include any offenses listed in Utah Code Ann. 77-36-1. Common examples include assault, harassment, and stalking.


What Is the Utah Child Abuse Registry?

The Utah Child Abuse Registry tracks individuals convicted of child abuse-related offenses. Depending on the conviction, you may need to register for 10 years or life.

  • Utah Code Ann. 77-43-101

How Long Do I Have to Register on the Utah Child Abuse Registry?

Registration periods vary:

  • 10 years for some offenses.
  • Lifetime registration for others.

What Should I Look for When Hiring a Criminal Defense Lawyer?

When hiring a criminal defense attorney, prioritize the following:

  1. Jury trial experience as the lead attorney.
  2. Longevity and relationships with local judges and prosecutors.
  3. Trust and communication during consultations.

What Are the Waiting Periods to Expunge Utah Convictions?

After paying fines and completing probation, you must wait the following times before starting expungement:

  • 10 years for felony DUI convictions.
  • 7 years for felonies.
  • 5 years for Class A misdemeanors or felony drug possession.
  • 4 years for Class B misdemeanors.
  • 3 years for Class C misdemeanors or infractions.

What Is a Plea in Abeyance in a Provo Justice Court?

A Plea in Abeyance dismisses charges after successfully completing probation. No conviction enters your record, but dismissed charges remain visible in background checks.


Will Reckless Driving Suspend My License?

Reckless driving convictions in Utah won’t immediately suspend your license. However, they add 80 points to your driving record, and accumulating 200 points may lead to suspension.


What Is Drugged Driving in Utah?

Drugged driving, or Metabolite Driving, occurs when someone drives with illegal drugs in their system, even if they are no longer impaired. This offense results in license suspension for 120 days if convicted.


What Is an Evidentiary Hearing?

An evidentiary hearing is a court process where parties present evidence under the Utah Rules of Evidence. It resembles a trial but without a jury, and the judge acts as the fact-finder.


Can I Get Off the Utah Sex Offense Registry?

Yes, but only under specific circumstances:

  1. Certain offenses qualify for removal.
  2. You must not reoffend.
  3. All probation terms must be successfully completed.
  4. A judge must approve the removal.
  • Utah Code Ann. 77-40-112

How Long Will My License Be Suspended for a Utah DUI?

For drivers over 21 years old:

  • 120 days for a Per-Se DUI arrest.
  • 18 months for refusing a chemical test.

Will a Traffic Ticket Increase My Insurance Rates?

Yes. Traffic ticket convictions usually increase insurance premiums upon renewal. Some carriers may even drop coverage if your record is poor.


Is Patronizing a Prostitute a Class A Misdemeanor?

Yes. The penalty for hiring a prostitute is a Class A Misdemeanor for the first offense. After three offenses, the charge escalates to a Third Degree Felony.


What Is a Rule 402 Reduction Motion?

A Rule 402 Reduction Motion allows the court to reduce the severity of a criminal conviction by one or two degrees. This process can make expungement or other remedies easier.


Can You Turn Down a Non-Judicial Adjustment in Juvenile Cases?

Yes. If you decline a Non-Judicial Adjustment, the case proceeds to screening by a juvenile prosecutor, who may file formal charges.

  • Utah Code Ann. 78A-6-602

How Long Is My License Suspended for a 2nd DUI?

For a second DUI arrest, the following suspension periods apply:

  • 2 years for a Per-Se arrest.
  • 3 years for refusing a chemical test.

Contact an Experienced Criminal Defense Lawyer

If you have additional questions about Utah’s criminal laws, attorney Jake Gunter can provide clear answers and expert representation. With over 15 years of experience, he focuses exclusively on defending individuals facing legal challenges in Utah. Call today for a free consultation at (801) 373-6345.


Learn More About Criminal Defense Lawyer Jake Gunter Jacob S. Gunter | Personal Injury Attorney in Provo

For additional insights on Criminal Defense Law and to get to know Jake Gunter better, check out these helpful videos:

These resources will provide you with valuable information as you consider your legal options. For any questions or to schedule a free consultation, feel free to reach out to us directly.

Is the lawyer you are about to call have 20 plus jury trials? Experience matters in criminal defense. Contact Jake today!

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