Skip to main content
Carl Norman Anderson
Avvo
Pro

Carl Anderson’s Answers

24 total

  • If officers found a socket that had marijuana resign in it and i was in the building can they charge me with possession?

    i was curious and went inside a shed building at a church and looked around and it was just camping stuff, later cops came to my house with a socket and a small baggie with little leafs in it and told me i was in possession of marijuana and paraph...

    Carl’s Answer

    Mr. Shafer is absolutely correct. There is a difference between what law enforcement can cite you with and what the prosecutor can actually prove.

    See question 
  • How many times can the state fail to file in time on a dui case

    District attorney failed to file in time. The judge closed the case and was told to call back for the 3rd time now to see if they will file

    Carl’s Answer

    As long as the statute of limitations has not expired, which for a DUI in Utah is 2 years, and double jeopardy has not attached, which attaches if the case has actually made it to a bench or jury trial, there is no limit on the amount of times a prosecutor can file, dismiss, and refile the case against you.

    See question 
  • Can I be charged twice for the same thing?

    I was pulled over and I put some marijuana and a pipe in a passengers backpack. After being searched we were both sited for poss of marijuana and poss of drug paraffin. He plead no guilty and the public defender said If I testified it was mine the...

    Carl’s Answer

    • Selected as best answer

    Although, the other answers are correct, I want to clarify their answers. Your question deals with Double Jeopardy, which only attaches after the jury has been sworn in a jury trial or after the first witness has been called in a bench trial. Therefore, if the prosecutor has decided to not charge you for this offense or if the charges against you have been dismissed, without a trial, then yes, the prosecutor can charge you again. You really should hire an attorney to make sure you can do everything to help your friend without getting yourself into more trouble.

    See question 
  • My friend believes he is being extorted, what is the best course of action?

    Summary: My friend has been accused of entering his friend house (no one was home, door unlocked) and uploading a malicious program onto a computer. The "victim" then contacted my friend and explained that he has cameras in his house and has him o...

    Carl’s Answer

    The previous attorneys have provided adequate answers. However, it needs to be emphasized that under circumstance should you give any statement, oral or written, to law enforcement. Neither should you answer any questions. If you are contacted, politely inform them that you would be more than happy to answer their questions provided your legal counsel is present. Then contact a local attorney immediately. I cannot stress enough the damage that defendants do to themselves by agreeing to answer questions.

    See question 
  • Amendment to add my checking account to my list of exempt assets. What form? Amendment Declaration or Amended Matrix?

    At 341 meeting was asked by trustee to make amendment to add my checking account to list of assets. Utah has 2 forms for amendment what form do I add checking account? Both Amendment Declaration and/or Amended Matrix?

    Carl’s Answer

    In a bankruptcy, your checking account should be listed on the schedule B for personal property. The declaration is what a debtor signs to declare under penalty of perjury that the schedules are true and correct to the best of the debtor's knowledge. The matrix is a document which the court uses to keep track of your creditors and their contact information. Anytime a schedule is amended you also have to file an amended declaration, however, an amended matrix only has to be filed if you add or take away creditors from the original filing. It really is not worth taking the risk of having your bankruptcy dismissed just to save on legal fees. You really should talk with an attorney to make sure this problem gets fixed right so that you can get your discharge.

    See question 
  • My lawyer wants me to acept a plea bargin charge was manufactue controlled substance plea is class 1 mistimeinerattemptedposs

    daughter got mad at parents turned them in for growing cops came with warrent got seven small plants father was felon and was also charged 7 counts felin poss of swords husband took plea of droppinh the weapons and guilty to manafacturer they want...

    Carl’s Answer

    That you mention you were turned in for "growing" leads me to believe the underlying controlled substance is marijuana. In essence, there are two types of possession in Nebraska, simple and then possession with intent. You also indicated that more than one pound was located. This would justify either charging you with simple possession of more than one pound, a Class IV Felony or possession of more than one pound with intent to distribute, a Class III Felony. When a crime is reduced by being classified as attempted, it is reduced by one penalty level. If your attorney has reached a deal that will allow you to plead to a misdemeanor, then it is impossible you are being charged with possession with intent, as it would be reduced to a Class IV Felony through an attempted. Furthermore, the maximum penalty for a Class 1 Misdemeanor is one year in the county jail, and not in prison. Either you have misunderstood the effect of your plea or you have misunderstood the crime which you have been charged with. Either way you need to ask your attorney to explain everything and help you understand why he recommends you accept the offer.

    See question 
  • I'm 19 and got an alcohol ticket. What are the chances of the charges being dropped?

    I was not driving just at a fire 15 minutes later the cop showed up, and all I had was half of a beer and blew 0.18%.. my boyfriend drank the same about if not more and blew 0% I was not even close to being drunk at all. is it possible it was wron...

    Carl’s Answer

    It seems you mistakenly believe that a minor in possession charge requires that the prosecutor prove you were intoxicated. That is not the case. As a minor you have a no tolerance requirement, which means any alcohol in your possession can substantiate these charges. So a bottle in your car with only one sip left, even though you had not been drinking it, is sufficient. Likewise, blowing a .001 would, in some courts, be enough to convict you. Also, the amount of alcohol typically correlates with the ability to reach a good resolution. Unfortunately, you blew more than twice the legal limit. Like Mr. Flint stated, you need to hire an attorney as the result of your test is going to make it very difficult, without the help of an attorney, to try and reach a resolution which will not effect you for years to come.

    See question 
  • Do first offenders for Unlawful Sex Act W a minor normally get jail time in Utah?

    Thanks guys for taking the time to answer, my question is if first offenders for Unlawful Sexual act w a minor normally get jail time or something else, I am just saying generally speaking and based on your experince. I know its a 3rd degree felon...

    Carl’s Answer

    I agree with the previous answers that jail time is likely. However, I would also point out that sexual acts with a minor would be considered child abuse which has a mandatory reporting requirement. It appears as though you are questioning whether you should report this behavior to law enforcement. If you do not, you can be prosecuted for failing to report.

    See question 
  • My son is being dis enrolled from Rotc over erroneous charges He was held in a police station for hours until he felt he had

    No choice to admit to charges. No he has been informed that he will be dis enrolled from Rotc and unable to get his commission. Can this happen before they even finish the hearing set for next week. They have no evidence against him except a c...

    Carl’s Answer

    From a criminal law standpoint, there are things that can be done to try and get the confession suppressed, but your question does not address how to fight the charges, but how to mitigate the possible consequences to your son's status in the military. This question would be best answered by an attorney with experience with and expertise in military law and justice.

    See question 
  • Single member LLC credit card in Chapter 7 bankruptcy?

    I have a single member LLC - when I opened my LLC, I applied for a small business credit card using my social security number (I don't have a tax ID number for my LLC). This credit card is reported on my credit report. Under "Promise to pay" in t...

    Carl’s Answer

    As Mr. Trease explained, both you and your LLC will be liable for the debt, because of the personal guaranty which you signed. You can discharge your liability through a personal bankruptcy. Once your obligation has been discharged, the LLC will still be liable. However, as long as you wind up your LLC, Utah law walks you through the process, once the LLC has been dissolved, then the LLC will no longer have any liability. In short, to fully discharge this liability you have to wind up and dissolve your LLC and file for personal bankruptcy. To avoid any future liability you really should have an attorney involved in both the winding up and the bankruptcy.

    See question