Robert Allen Saunders’s Answers

Robert Allen Saunders

Park City DUI / DWI Attorney.

Contributor Level 4
  1. Is it good to get your case dismissed and does that keep your criminal record clean? or are you considered a criminal?

    Answered 19 days ago.

    1. Robert Allen Saunders
    2. Glen W. Neeley
    3. Sam J Israels
    4. Kathryn Sarah Wallrabenstein
    5. Lindsay Jarvis
    5 lawyer answers

    Yes, the best thing that can happen during any criminal proceeding is that the State dismisses the charges with Prejudice. Once the charges have been dismissed, you will not have a criminal record and will not be considered a criminal. However, having said that, the arrest will show up on a criminal background check through the BCI. Therefore, assuming that the charge was dismissed with prejudice, you can have the record of the arrest expunged from your record immediately. If the charge was...

    6 lawyers agreed with this answer

  2. How do I get an outstanding warrant lifted?

    Answered 21 days ago.

    1. Dmitry Gorin
    2. Robert Allen Saunders
    3. Lindsay Jarvis
    4. Alan Baker
    5. James F. Feuerstein III
    5 lawyer answers

    First, I assume that you went to the State's website for warrants: https://secure.utah.gov/warrants. If a warrant has been issued for your arrest you probably want to hire an attorney to have the warrant recalled. A lawyer will file a motion to recall the arrest warrant with the issuing court and schedule a time with the court to appear. The reason for the warrant is, most likely, that you failed to complete the terms of your probation. If that is the case, the Court would have issued an Order...

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  3. Does my criminal record remain clean since the charge against me was dismissed?

    Answered 19 days ago.

    1. Glen W. Neeley
    2. Clayton A. Simms
    3. Robert Allen Saunders
    4. Desmond M. McCallum
    5. Lindsay Jarvis
    5 lawyer answers

    Yes, if the charged have been dismissed, then you do not have a criminal record and are not a criminal. However, having said that, the arrest will show up on a criminal background check through the BCI. Therefore, assuming that the charge was dismissed with prejudice, you can have the record of the arrest expunged from your record immediately. If the charge was not dismissed with prejudice, then you will have to wait until the period allotted to the prosecutor to refile the charges has lapsed...

    4 lawyers agreed with this answer

  4. Is this worth pleading not guilty and fighting or just paying the fine?

    Answered 19 days ago.

    1. Robert Allen Saunders
    2. Ryan Ravindra Rambudhan
    3. John Joseph Brosnan
    3 lawyer answers

    Only you can decide whether it is worth it. If it was a UHP officer, the Lidar gun system that they utilize supposedly has the capability to measure time between the vehicles. However, given that the cop said you were 1.8 seconds behind the vehicle, I'd be shocked if the stop was not pretextual. If I were you, I'd want to fight it. Plus, by pleading not guilty, you are given a chance to plead the matter down. And, once a prosecutor reviews the case (which they haven't), there is a good...

    2 lawyers agreed with this answer

  5. Took a plea in abeyance for a misdemeanor charge (Fake ID) in 2009. Will I be denied full time job opp? I have had 2 jobs since.

    Answered 19 days ago.

    1. Glen W. Neeley
    2. Robert Allen Saunders
    3. Clayton A. Simms
    4. Matthew Oberlin Williams
    4 lawyer answers

    When you enter into a plea in abeyance, you are pleading guilty to the charges and once you have completed the terms of probation and the probation period ends, the guilty plea is stricken and the charges are dismissed. However, when an employer runs a background check, the employer will be able to see that you were arrested and that you entered into a plea in abeyance. Therefore, if you are concerned, I would highly recommend that you have the arrest expunged. After the charge is expunged,...

    1 lawyer agreed with this answer

  6. How should we plea at arraignment for alcohol ticket?

    Answered about 1 month ago.

    1. Kevin S. Vander Werff
    2. Robert Allen Saunders
    3. Alan James Brinkmeier
    4. Jay Scott Finnecy
    4 lawyer answers

    First, unless you have already spoken with the prosecutor and worked out a plea agreement, the only plea your daughter can make at an arraignment is guilty or not guilty. I would suggest that your daughter plead NOT guilty! Regardless of the facts, one should always plead not guilty. You can always change your plea to guilty down the road but at the outset of a case, it makes zero sense to plead guilty. Next, while technically a violation of Utah’s “Not a Drop” law is not a DUI (as you...

    1 lawyer agreed with this answer

  7. How should we plead for an alcohol ticket?

    Answered about 1 month ago.

    1. Craig Lee Pankratz
    2. Christopher J. Salcido
    3. Philip Laurence Wormdahl
    4. Kevin S. Vander Werff
    5. Robert Allen Saunders
    6. ···
    7 lawyer answers

    First, unless you have already spoken with the prosecutor and worked out a plea agreement, the only plea your daughter can make at an arraignment is guilty or not guilty. I would suggest that your daughter plead NOT guilty! Regardless of the facts, one should always plead not guilty. You can always change your plea to guilty down the road but at the outset of a case, it makes zero sense to plead guilty. Next, while technically a violation of Utah’s “Not a Drop” law is not a DUI (as you...

    1 lawyer agreed with this answer

  8. How should we plea at arraignment for alcohol ticket?

    Answered about 1 month ago.

    1. Jay Scott Finnecy
    2. Alan James Brinkmeier
    3. Robert Allen Saunders
    4. David Milton Dastrup
    4 lawyer answers

    First, unless you have already spoken with the prosecutor and worked out a plea agreement, the only plea your daughter can make at an arraignment is guilty or not guilty. I would suggest that your daughter plead NOT guilty! Regardless of the facts, one should always plead not guilty. You can always change your plea to guilty down the road but at the outset of a case, it makes zero sense to plead guilty. Next, while technically a violation of Utah’s “Not a Drop” law is not a DUI (as you...

    1 lawyer agreed with this answer

  9. I just got my first DUI this past weekend and am trying to get an idea of what to expect?

    Answered about 2 years ago.

    1. Craig Bainum
    2. James Edward Jones
    3. Michael Stephen Edwards
    4. Robert Allen Saunders
    4 lawyer answers

    In Utah, if you are arrested for DUI and have no previous DUI convictions, the Driver License Division will automatically suspend your license for 120 days, unless you request a Driver License DUI Hearing within 10 days of being arrested. If you, or your attorney, request a Driver License DUI Hearing within 10 days of your arrest, the Driver License Division will schedule an administrative hearing to be held no later than 29 days after the date of your arrest. At the administrative hearing,...

    1 person marked this answer as helpful

  10. I am in Utah renting from my manager without a lease, what happens if the house is foreclosed/sold without my knowledge?

    Answered 19 days ago.

    1. Graeme L Abraham
    2. Robert Allen Saunders
    2 lawyer answers

    First, foreclosures are treated very differently in Utah than sales. If the property is foreclosed upon, the lease agreement is terminated by law and you no longer have a right to occupy the premises. Therefore, you will be considered an "at will" tenant and do not have any rights under the oral lease agreement. If the property is sold, the lease agreement transfers to the purchaser and your rights as a tenant remain in tact. In the event the property is foreclosed upon, the bank must...