Clayton A. Simms’s Answers

Clayton A. Simms

Salt Lake City Criminal Defense Attorney.

Contributor Level 8
  1. Is it difficult to get a class b misdemeanor dismissed/dropped

    Answered over 2 years ago.

    1. Clayton A. Simms
    2. Michael Brooks Ipson
    2 lawyer answers

    Don't panic for a second time. Take a deep breath and then call a Utah criminal defense attorney, who can help guide you through this. A "Failure to Remain at the Scene of An Accident Charge" or Hit and Run charge doesn't look good on your criminal record. Utah law requires that you stop within a reasonable distance or time from an auto accident, whether you at a fault or not. Your attorney could argue that your actions were reasonable. At first you were shocked by the accident, but...

    Selected as best answer

  2. How do I get certified to practice multiple areas of Law?

    Answered over 1 year ago.

    1. Clayton A. Simms
    2. William Emil Cassara
    3. Philip Douglas Cave
    3 lawyer answers

    Attorneys are allowed to practice in broad areas of the law. All attorneys are theoretically able to practice "Criminal Defense, Civil, Entertainment, and maybe Family Law"; however, as a practical matter attorneys specialize in one area and become experts in that area. The law, like society in general, is becoming increasingly complex. 25 years ago a small town attorney could handle a large variety of case. Today that is almost impossible. All I handle are criminal cases and I go up...

    4 lawyers agreed with this answer

  3. Can a 24 year old Guy and a 17 year old girl have sex and live together in the state of Utah legally?

    Answered over 2 years ago.

    1. Anthony Michael Saunders
    2. Clayton A. Simms
    3. Benjamin J Lieberman
    3 lawyer answers

    Do you really not know that the age of consent for sex in the State of Utah is 18 years old? Or is it that you do not like the answer? Of course, you must be over the age of 18 to legally engage in sexual activity in Utah. Unlawful Sexual Conduct with a 16 or 17 year old is a crime. See Utah Code Annotated Section 76-5-401.2. If your family is against your boyfriend, then it likely that your family would contact the authorities if you moved in with your boyfriend. Your family could...

    4 lawyers agreed with this answer

  4. Is this true?

    Answered over 2 years ago.

    1. Michael Brooks Ipson
    2. Clayton A. Simms
    3. Lincoln W. Hobbs
    3 lawyer answers

    Marijuana is illegal in Utah. A small amount of personal use marijuana is usually a Class B Misdemeanor. See Utah Code Ann. Section 58-37-8. However, possession of a large amount of Marijuana or distribution of marijuana is a Felony. The State legislature creates State criminal laws and it would be hard to find two State legislatures more different than Utah and California. Utah's laws are harsh on possession of marijuana. You will lose your Utah driver's license if you are convicted of...

    3 lawyers agreed with this answer

  5. Would a judge sentence jail time for a first felony offense?

    Answered 11 months ago.

    1. Kevin S. Vander Werff
    2. Clayton A. Simms
    3. Gerald M. Salcido
    4. Christopher Daniel Leroi
    4 lawyer answers

    In Utah, a second degree felony is punishable for 1 to 15 years in the Utah State Prison. However, this does not mean that if you are convicted of a second degree felony that you will go to prison. Many factors go into the Judge's decision at the time of sentencing. A judge takes into consideration a number of factors, which may include a defendant's education, work history, gang affiliation (if any), family history (stable or unstable), role in the crime (kingpin or minor participant)...

    2 lawyers agreed with this answer

  6. Can someone be deported if getting 3rd degree felony?

    Answered over 2 years ago.

    1. Clayton A. Simms
    2. James Edward Jones
    3. Mark M Cheser
    3 lawyer answers

    If you are convicted of a 3rd Degree Felony in Utah, then you will be deported. A person becomes eligible for deportation if they are convicted of an "aggravated felony", which is a crime for which the punishment is greater than one year. The best way to avoid deportation is to fight the underlying criminal case. Many people don't realize that even simple misdemeanors like Domestic Violence assault or possession of a marijuana pipe can get a person deported. It is critical that you...

    2 lawyers agreed with this answer

  7. Utah Violation code 41-6a-526 (3)

    Answered over 3 years ago.

    1. Clayton A. Simms
    1 lawyer answer

    Utah's open container law (Drinking Alcoholic Beverage and Open Containers in Motor Vehicle Prohibited) is defined in Utah Code Annotated 41-6a-526. Your son was probably cited under subsection 3, which is why the citation states 41-6a-526(3). Most states prohibit people from possessing or drinking alcohol from an open container in certain areas. One of those areas is a vehicle traveling on a road. Utah’s Open Container law prohibits people from drinking, keeping, or transporting any...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  8. Will I be charged for anything I a stripper put her hand on my genitals on a strip club?

    Answered 9 months ago.

    1. Clayton A. Simms
    2. Randall L Marshall
    3. Cy M. Abdo
    3 lawyer answers

    Fortunately the police are not arresting people who are groped by a stripper. The crime of lewdness may apply, but it would be difficult for a prosecutor to secure a conviction. If the stripper fondles you, then she would be at risk and not you. Please try not to worry about lewdness charges being filed as that seems unlikely.

    1 lawyer agreed with this answer

  9. How to negotiate with state prosecutor in a domestic violence case

    Answered 9 months ago.

    1. James Janghoon Lee
    2. Glen W. Neeley
    3. Clayton A. Simms
    4. Frances M Palacios
    5. Robert Phillip Odle
    5 lawyer answers

    You should never directly negotiate with the prosecutor. The prosecutor is trying to put you in jail and is not your friend with whom you can work things out with. The first problem is that anything you say to the prosecutor can be used against you as admissions. The second problem is that you are at a disadvantage because you didn't go to law school and you don't know the Utah Rules of Evidence. Don't feel bad many attorneys fail to understand how Spousal Privilege works in a Utah criminal...

    1 lawyer agreed with this answer

  10. What circumstances allow the use of self defense (punching cop in the face) against a police officer?

    Answered 10 months ago.

    1. Russell Stephen Pietryga
    2. Neil W Harris
    3. Catherine Cleveland
    4. Thomas D Weber
    5. Clayton A. Simms
    5 lawyer answers

    Self-defense and defense of a third person are generally not available if a person assaults an on-duty police officer. The Utah Supreme Court has consistently ruled that a person must comply with an officer's commands and can not fight or resist arrest even if that arrest is invalid. The American Fork v. Robinson case outlines the law "(The Utah Supreme Court) has clearly explained that a person may be found guilty of resisting arrest even when the underlying arrest is later found to have...

    1 lawyer agreed with this answer

Contact Utah Criminal Defense Attorney Clayton Simms at:

801-359-0404