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Michael T. Holje

Michael Holje’s Answers

6 total

  • What happens if someone is arrested but the statute of limitation for the crime is up?

    Last week a friend of mine was arrested in another country because there was a warrant of arrest for him . He didn't want to be extradite so the statute of limitation will be up by the time he will be forced to come back in USA . Can he still be...

    Michael’s Answer

    The statute of limitations is tolled while a person remains outside of the state. The entire period of time spent outside of the state does not count for statute of limitations purposes.

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  • Getting a misdemeanor expunged from a different state?

    I was charged with a theft misdemeanor about two years ago in new jersey I now live in Utah, how can I get this charge expunged so I have more employment options?

    Michael’s Answer

    Expungement law varies from state to state. You may be able to look online for the eligibility criteria for expungement in New Jersey (Utah's is available online). Because the offense happened in New Jersey, you will inevitably need to deal with the New Jersey authorities and courts. The best advice is to contact an expungement attorney in New Jersey.

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  • In Utah, is there precedence for expunging ones criminal record in exchange for permanent expulsion from the State

    if so, is it covered by State law or agreement among Judge, Prosecutor and Plaintiff or is it practiced in any other state?

    Michael’s Answer

    To expunge a criminal record in Utah, you must necessarily obtain a Certificate of Eligibility from the Utah Bureau of Criminal Identification. Your eligibility for such certificate is dictated entirely by statute, rather than an agreement with a prosecutor or the sentencing court to leave the state. Factors determining one's eligibility include the type of offense, the total number of separate criminal episodes on the person's record, and the length of time that the case has been completely resolved (including termination of probation and payment of all restitution). There are certain things you can do to speed up your eligibility however. Speak to an experienced expungement attorney in Utah about some of the options.

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  • If your on probation for a felony and recieve a new charge whats going to happen? Will you automaticlly be arrested?

    What can ir expect to happen?

    Michael’s Answer

    Depending on the specific terms of your probation, you may or may not have an obligation to notify your probation officer (if you have one). Sometimes you can earn brownie points by telling them about it yourself. If you have actually been charged with a new crime, it's unlikely you'll finish your existing probation without your probation officer, a prosecutor, or the court finding out about it, so it sometimes helps to come clean. You will not be automatically arrested. However, the handling of the situation oftentimes depends in large part on the nature of the new charges. As others have mentioned, an Order to Show Cause will likely be filed against you, and you'll be required to either admit or deny the allegations. You can usually arrange for the Order to Show Cause to take place after you've dealt with the new charges, thereby avoiding any collateral damage to your defense of the new charges. If the new charges happen to be in the same court as the former case, you can oftentimes pursue a global resolution for both the new charges and the probation violation in the older case. Possibilites for the probation violation include everything from starting over again on probation to having the suspended jail sentence actually imposed. As with any situation involving a crime, you should contact an experienced criminal defense attorney.
    As with any criminal defense issue, you

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  • Do cops need to read me my miranda rights before questioning me?

    I have received a citation for a Class B Misdemeanor but the police didnt read me my miranda rights before asking me questions.. now i have a pretrial court today and get to talk to the district attorney, should i tell him and the judge that the p...

    Michael’s Answer

    The honest truth is that a prosecutor and a judge probably will not pay too much attention to an unrepresented defendant claiming that his rights were violated. As others have stated, I would not mention that to them on your own. Hire an experienced attorney to evaluate whether or not your rights were violated. He or she can then make that argument for you in a way that will likely be more well-received by the prosecutor or judge.
    Police are only required to give you Miranda warnings if you are "in custody" and subjected to interrogation. Whether you are "in custody" or not requires a very detailed analysis. An arrest is obviously a custodial situation, but other situations short of arrest could also qualify as "custody." Ultimately it comes down to whether a reasonable person in your situation would have felt free to leave or not. Police questioning amounts to "interrogation" if it is likely to elicit an incriminating response from you. So, if you were subject to custodial interrogation without first receiving Miranda warnings, your constitutional rights were violated and any incriminating statements you made should be inadmissible in court. If you were not subject to custodial interrogation, no Miranda warnings were required. As others have mentioned, you should have an attorney helping you with ANY criminal charges. Please don't try to represent yourself!

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  • What do i need to do to expunge my record, two felonies forgery 2nd deg, 1979. possesion of a controled substance 1987

    I had a colorful upbringing, Alot of dimissed charges, assault 3 deg, burglar,theft,harassment, a couple of guilty charges, theft, property damage, marijuana possesion, Have not been in trouble since 1990 , Just trying to clear up my life, ANY ADVICE

    Michael’s Answer

    Assuming all the convictions are in Utah, you need to apply to the Utah Bureau of Criminal Identification for a Certificate of Eligibility. The forms are available online with a link from the Utah Department of Public Safety's website. The bureau will determine your eligibility for expungements based on your entire criminal history, including misdemeanor offenses. In other words, your two felony convictions will render you currently ineligible, and your entire criminal history as a whole may render you ineligible if you have more than 5 convictions (including misdemeanors but excluding infractions). Depending on whether or not you served prison time, or whether or not you successfully completed probation, it may be possible to reduce your felony convictions to misdemeanors and your misdemeanor convictions to infractions. This is one potential strategy to make yourself eligible for an expungement that you would otherwise be ineligible to receive. It would be a very good idea to have an experienced expungement attorney analyze your situation and help you with the aforementioned strategy. A Criminal History Report (rather than an expungement application) is a good place to start and will help the attorney preliminarily determine your eligibility. You can obtain a Criminal History Report from the Bureau of Criminal Identification for a small fee.

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