Joshua S. Baron’s Answers

Joshua S. Baron

Salt Lake City Criminal Defense Attorney.

Contributor Level 7
  1. Who has jurisdiction

    Answered over 2 years ago.

    1. Joshua S. Baron
    2. Michael Stephen Edwards
    2 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered over 2 years ago.

    1. James Edward Jones
    2. Joshua S. Baron
    3. Christine C McCall
    3 lawyer answers

    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.

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

    Answered over 2 years ago.

    1. Glen W. Neeley
    2. Joshua S. Baron
    2 lawyer answers

    The Utah courts have a great website that explains expungement: http://www.utcourts.gov/howto/expunge/. The Department of Public Safety also explains the process: http://publicsafety.utah.gov/bci/expunge.html. I'm sorry to hear about your experience. Good luck.

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

    Answered over 2 years ago.

    1. Joshua S. Baron
    1 lawyer 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.

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

    Answered almost 3 years ago.

    1. Glen W. Neeley
    2. Joshua S. Baron
    2 lawyer answers

    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.

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

    Answered over 3 years ago.

    1. Joshua S. Baron
    2. James Edward Jones
    2 lawyer answers

    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...

  7. 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

    Answered over 3 years ago.

    1. Joshua S. Baron
    2. Mark Richard Kowalewski
    2 lawyer answers

    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...

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

    Answered over 3 years ago.

    1. James Edward Jones
    2. Joshua S. Baron
    2 lawyer answers

    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....

  9. I was charged with something i didnt know is that possible?

    Answered over 3 years ago.

    1. James Edward Jones
    2. John P. Yetter
    3. Joshua S. Baron
    3 lawyer answers

    It sounds like one of your concerns is whether the police search was legal in the absence of a warrant. Warrantless searches are presumed to be illegal in Utah, but there are numerous exceptions that allow the police to search a suspect without a warrant. If the search was illegal, it could help your case a great deal. A lawyer can help you decide whether the search was legal and if it was illegal, to get the evidence excluded. I hope you are able to get this case resolved. Good luck to you.

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

    Answered over 3 years ago.

    1. Phillip Darrell Kimbrell
    2. Joshua S. Baron
    2 lawyer answers

    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....