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Joshua S. Baron

Joshua Baron’s Answers

13 total

  • What is the best way to deal with the situation? What are the consequences?

    About a month ago, I hit a car in a parking lot. I was charged with a hit and run. I forgot to call about it, and missed my court appearance last week.

    Joshua’s Answer

    The court probably issued a warrant for your arrest when you didn't appear in court. Most courts will recall the warrant if you show up in court. In the mean time, be very careful that you don't get pulled over or arrested for anything else.

    You can try to call the court and set a new court date, or have your lawyer do it for you. Different judges have different preferences in recalling warrants. A lawyer who practices in Salt Lake will know what your judge prefers.

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  • I would like to get my records sealed, how can I do this?

    I recently plead "no contest" to a class B misdemeanor electronic commounictation harrasement. Within one day, my employer was notified by the plaintiff and I was let go from my job. I know that it's too early to get it expunged but I would like t...

    Joshua’s Answer

    The Utah courts have a great website that explains expungement:

    The Department of Public Safety also explains the process:

    I'm sorry to hear about your experience. Good luck.

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  • What is the statute of limitation on a simple assault charge in Utah?

    Today, 11/03/2011, I was arrested on a simple assault warrant for my arrest concerning an assault charge that happened in 2002. This warrant went out in Jan, 2011. I wasn't aware of it, or of the assault, although I did have a past relationship ...

    Joshua’s Answer

    Generally, the statute of limitations for a misdemeanor is 2 years. However, if the State files the charges within that time, the prosecution can usually continue after the 2 years have passed. I'm not sure from your question whether the case is a probation violation from a previous case or a new charge, but you could call any court in the state and they could give you that information.

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  • Who has jurisdiction

    if someone was found selling stolen jewelry in one town and didnt know it was stolen or have anything to do with the burglary which occured in another town who has jurisdiction? even though the person obtained the jewelry not knowing it was stolen...

    Joshua’s Answer

    I had a similar case a few months ago in West Valley. If the prosecutor charges the crime of theft by deception, jurisdiction will lie in the city or county where the jewelry was stolen.

    Burglary charges could be filed, especially if the prosecutor believes that you were involved in the theft, but I would need more detail about the prosecutor's evidence before I could give any information on that.

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  • I got a letter accusing/threatening a felony conviction and offering "diversion". Isn't this denial of due process?

    I received a citation last August from BLM law enforcement falsely accusing me of causing damage to some dinosaur tracks which I discovered and reported. I used a broom to sweep the tracks which caused no damage at all. Two rangers threatened m...

    Joshua’s Answer

    A diversion may be a great opportunity if the government can prove a criminal case. Then again, if you haven't committed a crime, the diversion would be a waste of time and money. It is very important that you consult with an experienced lawyer who can tell you whether there is a risk of being convicted and, if so, whether the diversion would server your interests.

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  • How does a Theft Summons served by a Sherrif affect your record?

    I was served a Theft Summons to appear in court and i'm just wondering if this is the same as an arrest? Even if I plea No Contest or Guilty? I think I know what it is. It was less than $300.00 and it happened 3 months ago. I really just want to g...

    Joshua’s Answer

    Generally, any time you are cited or a case is filed against you, a record is created. It doesn't really matter whether you are arrested or not. However, an arrest or citation is not nearly as bad as a conviction. If you plead guilty or pay the fine, then the case will be entered as a conviction.

    If the case gets dismissed, you will be able to get the charge sealed through expungement 30 days after dismissal. If you are convicted it will be at least 3-4 years until you can get the charge expunged.

    You probably need an attorney to help you negotiate a deal that will keep your record as clean as possible.

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  • If my boyfriend has an immigration hold is there a chance he can stay in the US a lawyer said there was a program that he can

    get into and he can maybe stay just do his jail time

    Joshua’s Answer

    Immigration law is very complex. An ICE hold means that ICE is planning on serving your boyfriend with a Notice to Appear (NTA) which will state the reasons that ICE believes he is subject to deportation.

    Depending on how long he has been in the United States, whether he has US Citizen relatives, and his criminal history, he may qualify for Cancellation of Removal or other immigration benefits.

    It is very important that your boyfriend seek criminal and immigration counsel to guide him through this process and fight to keep him in the country.

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  • What should I do if I plan on pleading gulity but don't agree with the reccomendations?

    Before my actual court I met with the head probation officer and he told me I am going to be on probation. I am a minor and recently was cited for assult with possible subject bodily injury on school property. I really don't want to go to Detentio...

    Joshua’s Answer

    The judge has broad discretion in determining sanctions or sentence once you plead guilty. The only way to make sure that you don't have to be on probation is to plead not guilty and be found not guilty at trial. If you plead guilty, the judge makes the final decision.

    Judges do consider things like your history, your willingness to take responsibility, the positive steps you have taken to prevent the problem in the future, and the severity of the offense for which you are being sentenced.

    It is always a good idea to have an attorney. Your attorney will protect your rights.

    Good luck.

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  • Can i get a to fast for condisions ticket with out being clocked on radar

    i passed a deputy on the side of the road whiloe he was writing a ticket for somebody else and i couldnt move over so i slowed down and moved as far to the left as i could so when he got back in his car he ran me dwn and wrote me a ticket for to f...

    Joshua’s Answer

    Before you can be convicted of any criminal charge, the prosecutor has to prove you guilty beyond a reasonable doubt. That applies even to traffic tickets. There is no requirement that a police officer get a person on radar to write a speeding ticket, but the question will be whether he can convince a judge or a jury beyond a reasonable doubt that you were going too fast.

    In my experience, some of the ways police try to demonstrate excessive speed when they don't have radar include:

    1. Comparing the speed of the suspect car to nearby traffic;
    2. Using landmarks and a stopwatch to estimate speed; and
    3. Describing the noise of the engine.

    I know judges who are persuaded by these arguments and I know judges who demand a radar readout before they will convict a person of speeding.

    Good luck to you. I hope your case turns out well.

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  • Maranda rights not read

    If I was not of right mind because of black out due to blood sugal levels and dont remember being read my rights or even told that I was under arest for anything. In the officers report it even states that I was speeking jiberish and was not makin...

    Joshua’s Answer

    In most states, if the police fail to read the Miranda warning, the government cannot use the statements made by the suspect in response to law enforcement questions. In other words, the arrest is not illegal, but the questioning is.

    Additionally, Miranda only applies once the suspect is in police custody or a custodial situation. So, if police ask a question to a person who is just walking down the street, they don't have to give the Miranda warning first. But, if the person is in handcuffs, or in a police car, or an interrogation room, the police usually have to read the Miranda warning before asking any questions.

    I hope that helps. Good luck to you.

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