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

    Answered 28 days ago.

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

    Without an expungement the dismissed charges will show up on a background check. However, the charges should show up as dismissed. You should take the extra step it takes to get the charge expunged. In addition, you need to erase all mentions of your arrest from the internet. Jail booking photo websites may have your arrest information on them. You need to petition then to have your arrest information removed from jail booking photo websites.

    5 lawyers agreed with this answer

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

    Answered about 2 years 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

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

    Answered about 3 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

  5. Authority determining if actor/actress in pornographic image is under age

    Answered about 1 month ago.

    1. Clayton A. Simms
    2. David Milton Dastrup
    3. Kendall Lance Horween
    4. Jay Scott Finnecy
    4 lawyer answers

    One way the police can determine if an image is child porn is if the image is of a known victim. The police have a database of known child porn images. The images on your computer would be analyzed to determine if there is a match with known prohibited images. If the police verify that one of the images on your computer is of even one known child porn victim, then you are in serious trouble. You don’t need to go to law school to understand that possessing child porn could land you in...

    3 lawyers agreed with this answer

  6. Is this true?

    Answered over 3 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

  7. When I plead guilty to Domestic Violence Charges the city judge said something about not being able to own a fire arm...

    Answered 26 days ago.

    1. Glen W. Neeley
    2. Clayton A. Simms
    3. Justin Frank Knell
    4. Carin Manders Constantine
    5. Susan Frances Fremit
    5 lawyer answers

    A domestic violence conviction prohibits you from possessing a firearm. Because you entered into a straight guilty plea to a domestic violence charge this is a lifetime ban. Unfortunately prosecutors don't do a great job of informing people of their rights. That's because prosecutors are working against you. They are trying to put you in jail and punish you. How many people would stop pleadng guilty at the first opportunity if they fully understood the rights they were giving up? 99% of...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. What is the Gap law for underage teens in Utah?

    Answered about 1 month ago.

    1. Clayton A. Simms
    2. Daniel G Shumway
    3. Robert Jason De Groot
    3 lawyer answers

    The age gap is not be the biggest issue. The immediate issue is that they might be "related persons" and may be in violation of Utah's incest laws. Utah Code Annotated Section 76-7-102 outlaws incest and defines a "related person" as "ancestor, descendant, brother, sister, uncle, aunt, nephew, niece or first cousin". This includes stepchildren and adopted children. Regardless of the ages, the laws against incest may prohibit this union. Incest is a Third Degree Felony and is punishable by...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Does filling out a victim statement in a DV case give prosecutors any rights to prosecute without the victim if she missed ct.

    Answered about 1 month ago.

    1. Craig Lee Pankratz
    2. Clayton A. Simms
    3. Charles K. Kenyon Jr.
    3 lawyer answers

    The difficulty is that if your girlfriend changes her story, then the police may be able to charge her with a crime. The tactic the prosecutor and police use to force an alleged victim into remaining consistent is that if she changes her story she may be charged with Providing False Information to A Police Officer, Misdemeanor B. (Utah Code Annotated 76-8-506. The best course of action is to push the prosecutor for a dismissal or favorable plea bargain. If the alleged victim will not be a...

    2 lawyers agreed with this answer

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

    Answered over 1 year 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

Contact Utah Criminal Defense Attorney Clayton Simms at:

801-359-0404