What is the fine for simple marijuana possession?
The classic marijuana possession conviction in Provo Orem is a bail schedule $683. Normally fines can be paid over the term of your probationary period.
What is a Criminal Diversion Agreement?
A criminal diversion agreement is where the prosecutor will dismiss the charges if you successfully complete probation. See this article on Diversion for more information.
Jake has been a lawyer for 15 years. He only represents people. Not businesses. Jake is a trial lawyer who makes his living in the courtroom. Not drafting wills.
Is there a master list of fines for Utah criminal charges?
Yes. Google the Utah Fine Bail Schedule. The bail schedule has all the fines. See Here the most current Fine Bail Schedule Utah 2018
What is the fine for drug paraphernalia possession?
The classic drug pipe or needle paraphernalia possession conviction in Provo Orem is a bail schedule $683. Normally fines can be paid over the term of your probationary period. It is a Class B Misdemeanor. Paraphernalia possession is charged in Justice Courts.
What is Considered a Domestic Violence Charge in Provo Orem?
Any charged listed in Utah Code Ann. 77-36-1 (2018). There are many.
How long do I have to registry on the Utah Child Abuse Registry?
There are 10 year and lifetime registration periods for the Utah Child Abuse Registry.
The Utah Child Abuse Registry can be found at Utah Code Ann. 77-43-101 (2018).
See this deeper article on Utah’s Child Abuse Registry.
What is the Utah Child Abuse Registry?
Certain Utah child abuse convictions will require you to registry for 10 years or life on the Utah Child Abuse Registry. The Utah Child Abuse Registry can be found at Utah Code Ann. 77-43-101 (2018).
See this deeper article on Utah’s Child Abuse Registry.
What should I look for in hiring a Criminal Defense Lawyer?
What are the waiting period to expunge Utah convictions?
Assuming you paid all your fines and restitution and that you successfully completed your case, the following mandatory wait times apply before you can start expunging your Utah criminal record.
Misdemeanor conviction of Subsection 41-6a-501(2)
Felony conviction of Subsection 58-37-8(2)(g)
10 years
Felony
7 years
Class A Misdemeanor or felony drug possession
5 years
Class B Misdemeanor
4 years
Class C Misdemeanor or Infraction
3 years
See this deeper article on Utah expungements, Rule 402 reductions and Probation.
What is Considered a Domestic Violence Charge in Provo Orem?
Any charged listed in Utah Code Ann. 77-36-1 (2018). There are many.
How long is your license suspended for on a 2nd DUI?
A conviction for a 2nd DUI will suspend your license for 2 years.
EXAMPLE: Your are arrested for a 2nd DUI in the Provo Justice Court. This is the 2nd DUI arrest within 5 years of your first DUI conviction that happened in the Orem Justice Court.
Your 2nd DUI arrest and conviction set in motion a 2 year suspension.
What is a Utah alcohol restricted driver?
Alcohol restricted driver is where you CAN NOT drive with any alcohol in your system.
You become alcohol restricted for the following reasons:
1. An under 21 driver is an alcohol restricted driver.
2. 2 years for your 1st DUI conviction, alcohol related reckless driving, or impaired driving.
3. 2 years for DUI PerSe conviction. Per Se is where you breath alcohol is greater than .08.
4. 3 years for an alcohol restricted driver conviction.
5. 3 years for an ignition interlock conviction.
6. 5 years for a first breathalyzer refusal or blood draw.
7. 10 years for a 2nd DUI conviction or a a second arrest for a 2nd breathalyzer refusal in 10 years of your first refusal.
8. For LIFE for a felony DUI or automobile homicide.
How long will my license be suspended for a 2nd DUI?
Driver 21 or older and has a second or subsequent arrests, the following suspension periods will be:
Per-Se arrest. 2 years
Refuse to submit to a chemical test. 36 months
How long is my license suspended for a Utah DUI?
If you are over 21 years old.
Per-Se arrest – 120 days.
Refuse to submit to a chemical test – 18 months.
Chemical testing is where the police officer wants you to blow on the breathalyzer or take a blood draw.
How long is my license suspended for a Provo, Utah drug offenses?
If it is your first offense, your Utah driver’s license will be suspended for 120 days. See Utah Code Ann 53-3-220 (2018) for more details.
What does a Provo Orem Expungement do for my criminal record?
When your criminal convictions are expunged, it is if the criminal episode did not happen. Only the courts, and other governmental agencies can see the prior conviction. See Utah Code Ann. 77-40-1 (2018). for more information. See this article also.
What is a Rule 402 Reduction Motion?
A rule 402 reduction motion is where your Provo Orem criminal defense attorney asks the court to reduce the severity of your criminal convictions by one or two grades. See this deeper article on Rule 402 Reductions and Utah Expungements.
Will domestic violence convictions impair my right to use guns?
Yes. If you are convicted of qualifying domestic violence offense you ability to use, possess firearms is restricted under federal law. Again, the devil is in the details and a good Provo Orem criminal defense attorney can help alleviate this problem.
Can I get off the Utah Sex Offense Registry?
There are a select, few ways you can get off the Utah sex offense registry. The process is outlined in Utah Code Ann 77-40-112 (2018) and deserves a close read. 1. Only certain listed offense qualify. 2. You can’t have reoffended. 3. You must successfully complete all probationary terms. 4. The judge has to OK it.
Where can I find each crime that is a registerable sex offense?
Any charged listed in Utah Code Ann. 77-40-1 (2018). There are many. A close review is always in order when you are charged with a sex crime.
What should I look for in an experienced Provo Orem Criminal Defense Lawyer?
What is a Plea in Abeyance in a Provo Justice Court?
The basics of a Plea in Abeyance is that if you don’t get in trouble during the probationary term, the case will get dismissed. No conviction ever enters on your criminal record. People looking up your criminal record can still see that you were charged, but it will show up as “dismissed.” The statute can be found here: Utah Code Ann. 77-2a-1 (2018) See the more deep article on Pleas in Abeyances coming soon.
Will Reckless Driving Suspend my License?
A Utah Reckless Driving conviction will not suspend your driver’s license, but it will place 80 points on your driving record. You only get 200 points before administrative action of your license could occur.
Will a Traffic Ticket Increase my Insurance Rates?
Yes. As a general rule your Utah traffic ticket conviction will increase your insurance rates when renewal times comes round, or the insurance carrier may drop you outright if your records is terrible.
Hiring a Utah traffic ticket attorney can help alleviate the severity of the ticket, the points or beat the the ticket outright.
What is Drugged Driving in Utah?
Drugged driving, or Metabolite driving convictions are where you drive with any illegal drugs in your system.
The statute is found here. Utah Code Ann. 41-6a-517 (2018).
It does not matter if you were high while driving, or completely sober and only smoked pot the night before. If you have any illegal substances in your body and are caught driving, you can be charged with drugged driving.
Can Drugged Driving Suspend my License?
Yes. If over 21 years old, drugged driving convictions in Utah will suspend your license for 120 days.
Is Patronizing a Prostitute a Class A Misdemeanor?
The Utah penalty for using a prostitution service is a Class A Misdemeanor for the first offense. A third violation of hiring a prostitute is a Third Degree Felony. Any fine imposed under the criminal code section for hiring a prostitute requires the court to impose the maximum fine. Requiring the max fine is an unusual provision.
Will an Impaired Driving Suspend my Utah Drivers License?
NO. Impaired Driving will not suspend your Utah drivers license. Make sure you request your 10 day administrative hearing in a timely fashion.
What is an Evidentiary Hearing?
An evidentiary hearing is a court hearing conducted by the parties and a judge, commissioner or other judicial officer where the Utah Rules of Evidence apply.
In contrast, a proffer hearing is where the parties state that the witnesses would say if those witnesses where to actually take the witness stand and testify.
Evidentiary hearing have all the formalities of a regular trial, except there is not jury and the judge is the finder /adjudicator of fact and the law.
Prelim Exams in Felony or Class A Misdemeanors are examples of evidentiary hearings. Same goes for evidentiary hearings regarding suppression hearings.
What is the Uniform Fine/Bail Forfeiture Schedule?
The Utah Bail Schedule is a listing of all Utah criminal charges, with associated recommended fines. Just Google Utah Bail Fine Schedule
Can you have non-military lawyers at Court-Martials?
Yes. You can hire your own civilian attorney to conduct your Court-Martial Defense. You can also keep you court appointed Judge Advocates.
Often civilian counsel will simply have more courtroom experience than your court appointed Judge Advocate.
See this article on why to hire an experienced civilian criminal defense attorney to defend your Court-Martial.
Where are Utah’s Vandalism Laws Found?
A part of Utah’s vandalism laws can be found in the Utah Criminal Mischief Code section of Utah Code Ann 76-6-106 (2018).
MORE QUESTIONS COMING SOOOOOON
More answers coming sooooon!
What is Furnishing Alcohol to a Minor
Intentionally furnishing alcohol to a minor is a Class A Misdemeanor. Recklessly or negligently furnishing alcohol to a minor is a Class B Misdemeanor.
The Utah Code provision is found at Utah Code Ann. 32B-4-403 (2018)
76-7-103. Adultery. Yes in Utah, Adultery is still a crime. But it is never prosecuted. Technically a Class B Misdemeanor.
