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David B. Shapiro
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David Shapiro’s Answers

10 total

  • 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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  • Is a felony on a juvenile permanent? How long will it be there?

    I am 17 and turning 18 very soon, and I have several years of criminal history made up of thefts and assaults. Five of them are felony charges. But I have not been in any kind of trouble for two years. What will it be like trying to get rid of the...

    David’s Answer

    You can petition the juvenile court to expunge your juvenile record after you have turned 18. If it is not expunged, the record will still "be there" but because it is a juvenile record, it is not a public record and access to it is limited.

    You can find general information about expungement on the Utah Court's website and if you need more specific information you should speak with an attorney.

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  • If my bond has been exonerated am i done going to court

    i was arrested for drug trafficking

    David’s Answer

    Bonds can be exonerated for a number of reasons, the most common being when your court case has been resolved either with a dismissal of the charge, a guilty plea and sentence, an agreement to hold a guilty plea suspended, or an agreement to defer prosecution. Generally in these situations you would only need to go back to court if you failed to do something that the court ordered such as pay a fine or show proof that you had completed community service, counseling or the like.

    But, be aware that a judge could order your bond exonerated while the case is still pending if for example, you had appeared at a number of hearings already and the judge did not believe that there was a great risk of you not appearing for court.

    It would be wise to contact the court to assure yourself that the bond was exonnerated because you no longer need to appear in court and not for any other reason.

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  • What does a class b and class d misdemeanor involve for a 14 year old in the state of Utah?

    My 14 year old step-son got suspended from school for 3 days for showing pornography to some other students. He went on our computer and videoed this horrid stuff onto his I-pod. We found out from one of our 6 year old twins he had shown this to h...

    David’s Answer

    The other answers correctly identified that there is no such thing as a Class D Misdemeanor in Utah. If a Class B misdemeanor were charged and your son were an adult, the information given would be correct. But since your step-son is a juvenile, if it were determined that charges were appropriate, a Petition would be filed in the Juvenile court and your step-son's parents would be served with an order requiring them and him to either come to court and meet with a Juvenile probation worker or appear in court for a hearing, depending upon the severity of the charge that the government decided to file. Unlike court for adults, the juvenile court has a number of ways to handle such cases with the focus being on what sort of resolution is in the best interest of the child and the community. If he is charged he and his parents should seek advice from an attorney experienced in representing juvenile defendants.

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