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Todd A Peterson

Todd Peterson’s Answers

10 total

  • How long does someone sit in jail if they are waiting to see a judge? Being held for missing prior court date by 1 day.

    Todd’s Answer

    I suggest you contact a criminal defense attorney so they can look up your family members specific case and give you more information. You are correct that normally if a person is being held in custody there is usually a court date set, there may be a court date that your family member isn't aware however so that is why you should call an attorney because this is a more specific question than can be answered here effectively.

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  • Can a 16 year old and a 22 year old date?

    Todd’s Answer

    Assuming that this dating will eventually result in sexual activity, the relevant crime that would be charged in Utah if any sort of sexual activity occurred with a 16 year old minor is Unlawful Sexual Activity with a 16 or 17 Year Old as long as the activity does not amount to a more serious offense such as rape, forcible sodomy, etc.. The age gap required for this offense is 7 years or more. Since you are only 6 years older than her you could not be charged with this offense. However, I would say that anyone considering sexual activity with a 16 year old be very certain about birthdays because there is no wiggle room when it comes to how close the gap actually is, if you're 7 years and one day older than that is good enough and the prosecutors won't care how close it is. Additionally, if the minor is actually not 16 but younger than 16 then the age gap is 4 years and its a different crime.

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  • What is ahome warrant review im on probation mismeanor for drugs?

    Todd’s Answer

    Probably need a little more information to answer this question. My best advice would be to call a criminal defense attorney in your area. They should be able to look the case up for you and let you know what’s going on.

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  • What happens if you go to court to see how long yr going to jail and they find out you violated yr probation when u go to court?

    Todd’s Answer

    Its really hard to answer this without knowing all the details of the case which only his attorney would know. Its possible he'll be required to serve the full original sentence that was ordered but suspended, he could be given a portion of that sentence, or his probation could just be revoked and reinstated.

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  • I'm I ok to date him?

    Todd’s Answer

    Yes you are fine, as long as you are over 16 and your boyfriend is less than 7 years older than you then you don't need to worry.

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  • Why do i need to get fingerprinted for traffic court?

    Todd’s Answer

    Even though it is just a low level traffic offense it is still considered a criminal offense in Utah. As a criminal offense the Bureau of Criminal Identification (BCI) needs to be able to connect the crime to an individual. The way that they make that connection is through fingerprints. The no insurance charge is really what is causing this requirement in your case, just a speeding ticket or something like that usually doesn't involve fingerprinting.

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  • Will i be put on probation in Utah as a minor with a misdemeanor if the case is going to be settled non judicially?

    Todd’s Answer

    Yes settling a case non judicially basically means you're settling it through probation, so you will definitely be dealing with your probation officer more. As for drug testing its possible that could be a part of it, I'd need to know more but if drugs was not a part of the case then you at least have a change to fight that requirement. However, if you're settling the case non-judicially then you're basically agreeing to put yourself in the hands of probation and do what they're asking of you. Especially in juvenile cases you can face requirements that are well outside the facts of your case. For example they often require you to get good grades or do other things to show that you're being good and not getting into trouble anymore.

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  • WhatWhat will happen if I Miss traffic court today?

    Todd’s Answer

    Missing court is a very serious thing and never a good idea, even if it is just a traffic ticket. If you literally cannot get into court today then the next best thing is calling in and letting them know what is going on. Sometimes you can win over their sympathies and get a new court date. If that is not an option then the next best thing is to find out when the next day is that that particular court location is holding court. Then go to court on that day, even though you don't have a scheduled appearance and ask if you can speak to the judge. They should give you a chance to speak to the judge and explain yourself. Additionally, if you're not looking to fight the traffic ticket and just want to be done then often you can just go into the clerk and pay the fine, but that may or may not be an option anymore if they have nailed you for a failure too appear. The final thing to know is that its always possible when you miss court that a warrant has been issued. Search online for the warrant check site offered by the state and check your name to see if there is a warrant out for your arrest. If there is then be aware that going to court always brings with it the possibility of being taken into custody when you have a warrant out. However, that is not very likely when dealing with just a traffic offense.

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  • Do I need to get full.custody of my child?

    Todd’s Answer

    The legal action that would have needed to take place in your situation to determine custody is called a Paternity Action. If the 'papers' were actually filed in court and you were properly served with them then he could have received a default judgment against you giving him custody. However, it does not sound like you were served properly nor does it sound like the case was actually filed but I cannot be sure. If he had received a default judgement against you he probably would have tried to enforce it by taking your child, which leads me to believe he just dropped the idea of trying to get custody.

    So as long as nothing was filed in court then you probably don't need to worry about it until you hear from him again. However, you could initiate your own paternity action to get a court order to solidify what the legally binding custody arrangement is for your child.

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  • Custody evaluation

    Todd’s Answer

    You shouldn't necessarily be worried about the threat of going to trial. Going to trial simply means that negotiations have broken down and an amicable settlement cannot be reached. So if you disagree with the offer that opposing counsel is giving you then you shouldn't settle it and you should go to trial.

    However, at trial, the decision is no longer in your hands and the judge/commissioner will decide what the custody arrangement will be based on what he/she believes is in the best interest of the children. The custody evaluation will come into play but it is impossible to know how much weight the judge/commissioner will give it. All you can really do at trial is argue why you should get the custody arrangement that you desire (i.e. you have been the sole care provider for the children, etc...) as well as any reasons there may be that suggest that your ex should not get the custody evaluation that he desires.

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