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David B. Shapiro
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David Shapiro’s Answers

13 total


  • Failed 2 drug test missed 1

    I am on probation for 2nd dui i failed 2 test for marijuanna and missed 1 i have already had my probation terminated and reinstated and spent two days in jail what will happen now

    David’s Answer

    Hopefully, you will hire a lawyer to help you so that when the court or prosecutor find out about the violation and file an order to show cause, the lawyer will help you out. If I were that lawyer I would probably tell someone in your situation that showing that you are getting and staying clean might be helpful before you see the judge.

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  • Not sure what to expect when daughter appears for court date for minor consumption?

    My 19 year old daughter received a minor consumption ticket along with others at a college party in Cedar City Utah. In a week she is moving to Seattle. Courts are back logged so she will have to fly back for her court date. This is her first offe...

    David’s Answer

    It is possible that a lawyer could help your daughter avoid traveling back to court for any initial appearances and even if she were guilty, might be able to make arrangements to deal with the case more effectively than traveling back to just plead guilty. As others have said there are collateral consequences to a guilty plea on that charge and she should talk to a lawyer about them.

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  • Can I be arrested for roommate's underage drinking? She is on the lease so I cannot ask her to leave and I can't move.

    I am not old enough to purchase alcohol and do not drink or bring alcohol into the apartment.

    David’s Answer

    You could be arrested, it more likely given a citation if the alcohol was found in your apartment but being convicted is another matter. You would need to be in possession before being convicted. Like others have suggested, anything happening in that apartment that would cause the police to see the alcohol should be avoided.

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  • Possibility of plea in abeyance?

    I'm 19 is my first charge for shoplifting with a friend. We were charged with class b misdemeanor. We are still allowed back to the store. We admitted to everything. Should I plead guilty or not guilty and can I have a public defender before I p...

    David’s Answer

    If you don't have a criminal history, you probably won't be given a public defender to represent you even if you can't afford a lawyer. Some jurisdictions will routinely give pleas in abeyance on first offenses, some don't and in others it depends on the circumstances. You may want to speak with a lawyer to see what options may be available to you.

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  • What do you plead if you were not in your right state of mind at the time of the citation?

    Retail theft charge. Theif had low blood sugar and no reasoning capacity at time of attempted theft. Has to appear in court.

    David’s Answer

    You should talk with a lawyer. It may be that you don't have an insanity defense to the charge but that doesn't mean that you have to simply walk in and plead guilty either. There are many circumstances that can and likely would be considered by a prosecutor in deciding how to resolve a case. An experienced criminal defense attorney can help you with that.

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  • Should I hire a defense attorney for first time intoxication citation with no prior record?

    I was cited but not arrested for Intoxication in Bountiful, UT. I have no prior record, just a stupid mistake, but I have no idea how to proceed. Can I represent myself in this kind of situation and not have any long-term problems or should I pa...

    David’s Answer

    You should certainly talk to a lawyer before going to court.

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  • I am a Utah citizen and I have two warrents out on me for traffic violation and possion of control substance

    Is there a way I can get the warrants pulled so I dnt have to do jail time I need my driver license back for my job

    David’s Answer

    It may be possible to have the warrants recalled but as with everything, it depends on the circumstances of your cases. Contact a lawyer who can help you figure out how to get rid of the warrants.

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  • Is person guilty if they commit unintentional criminal offense?

    Is person guilty if they commit unintentional criminal offense? Like when you know that you had 0 intent of committing a crime. You think your doing the right thing and being helpful but you ended up being hit with criminal charge. Cops gave me a ...

    David’s Answer

    Generally in order for making a false report to be a criminal act, one would knowingly have to do it. You should talk with a lawyer about your situation.

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  • I ran from Utah on a warrant, i got picked up in Tennesse and only received 1 count of Fugitive From Justice.

    I was immedietly sent back to Utah. I am wanting to expunge my record now. Is this a charge that i need to go through Tennesse to get taken off

    David’s Answer

    You may want to get a copy of your criminal record to see what is actually on it regarding the warrant and extradition. If there is an entry from Tennessee, contact someone there to see how it can be removed. If, for example those states had been reversed and Utah had sent you to Tennessee, in most cases you would likely not have a "conviction" on your record in Utah just because you were extradited and you might not need to have anything expunged.

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  • What do I do?

    I'm 18 and I made a stupid decision to steal make-up from Walmart they didn't tell me the total amount from the products I stole but I'm guessing it's was around $40, my citation says "retail theft- under $500" I've never been in trouble in my lif...

    David’s Answer

    The theft statute in Utah states that any theft from zero to $500 is the same degree (and it gets more serious as the dollar value of items taken increases). It doesn't mean that they think you took $500 worth of items. Even though it is the least serious theft charge, it still is a theft charge. As the earlier answer stated, once given a citation it is important to follow the instructions.

    Most people find it is helpful to talk to a lawyer before deciding what to do with their case. If you can't afford a lawyer you can ask the court to appoint one for you. They may not give you a lawyer on a case like this because the standard for deciding if a lawyer will be appointed is whether there is a likelihood that you would be sent to jail if convicted. But even if the judge might not give jail time for a conviction, there are certainly other consequences of a conviction that you should talk to an attorney about as an attorney may be able to help you avoid some or all of them.

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