Clayton A. Simms's Answers

Is it difficult to get a class b misdemeanor dismissed/dropped

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...

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

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...

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Is this true?

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...

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Can someone be deported if getting 3rd degree felony?

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...

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

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...

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What will happen to my husband after being arrested?

If there are immigration issues, then it is very important to defeat the domestic violence case. Even a domestic violence misdemeanor offense will make you eligable for deportation. Your husband needs to challenge the prosecution's case by hiring an experienced criminal defense attorney and setting the case for jury trial. Accepting a plea bargain may be tempting, but in the end this may hurt you in Immigration Court.

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I have a retail theft ticket from a couple of years ago that my judge ordered me to complete 20 hours of community service for,

The only advice a Utah Criminal Defense Attorney can give you is to complete the tasks the Court has assigned you. The Court has afforded you the privilege of probation rather than jail, please don't risk it. In most cases the Court will not violate your probation for being a little late with your community service hours, but why risk it. It is easier to simply complete the community service hours and then sleep well knowing that your probation will not be violated. If you are going to be...

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I got caught yesterday at sears for shoplifting, what I have to expect at court?

Retail Theft with a value less than $500.00 in Utah is a Class B Misdemeanor, which is punishable up to six months jail. (However, Retail Theft can be enhanced to a Felony if you have at least two prior Theft convictions). You could have two Retail Theft charges filed against you. Each store from which items were taken could be a new charge. There are many ways in which you could be charged with retail theft in Utah. Here are some of the more typical ways that you will get in trouble:...

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I failed a test on my interlock device on my vehicle 10 months after my probation ended but did not drive. What to expect?

After your first DUI conviction a Utah driver is issued a "Alcohol Restricted" driving privilege. This is in addition to Court probation and restrictions. This constraint does not show up on your physical license, but law enforcement and the courts have access to this information. This restriction begins on the conviction date for the DUI or the effective date of a suspension or revocation for a Per Se arrest or refusal to submit to a chemical test. A conviction for a violation of the "...

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I'm getting wrongly accused for rape and neither me nor the girl have any proof. what should i do?

Any accusation of sex abuse is serious. If convicted you could go to jail or prison and be required to register as a sex offender. If the sexual acts were as consensual, then you would most likely face an Unlawful Sexual Conduct with a 16 or 17 year old charge. See Utah Code Annotated 76-5-401.2. If you were "more than 10 years older than the minor at the time of the sexual conduct", which includes sexual intercourse or other sex acts", then the offense would be a 3rd degree Felony. A 3rd...