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David B. Shapiro
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David Shapiro’s Answers

17 total


  • Should my son have an attorney when he goes to an appointment he has with an officer at the police station tomorrow.

    Officer came by our house and asked to make an appointment with my son(18 yrs old)at the police station in Sandy, Utah tomorrow morning. He said it was about a girl my son briefly dated in order to "clear some things up." He was professional, not ...

    David’s Answer

    Yes.

    Your son should talk to an attorney before speaking with the police. And it is very possible that the attorney will tell your son that it is in his best interest to not speak with the police -regardless of how professional or non-intimidating they may seem.

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  • How could a lawsuit be pressed for a simple text to two city councilwomen about concerns with city affairs?

    I sent the following text to two city councilwomen with how biased they are. I wanted to remain anonymous and used my phone of course because I didn't think sending this was an issue. Apparently the councilwomen were upset about receiving this mes...

    David’s Answer

    Based on what you sent, I don't know what sort of lawsuit someone would bring against you. You asked this in a criminal defense forum and as far as that goes, without more, it would seem that it would be difficult to maintain a criminal charge against you for that text. If you have actually been charged with a crime, you should consult with a lawyer about that specific charge. Many offer free consultations at which time they could look at the charge and help you determine how best to proceed.

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  • Can I receive more jail time if I was sentenced and absconded before my sentence started.

    I received two class A misdemeanors from a Utah judge and was given four months time and 36 months probation I was also given one week to surrender myself to begin my time if I abscond before that starts and don't go turn myself in could I possibl...

    David’s Answer

    Mr. Flint is correct. Failing to report to jail as directed to serve a sentence would usually be a violation of the terms of probation. If the judge found it to be a violation he could impose the remainder of the suspended jail time. He could (and likely would) also, as Mr. Flint indicated, issue a warrant for your arrest.

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  • Would turning in a waiver of counsel form give up my right to an attorney?

    Attending pre-trial with no legal counsel

    David’s Answer

    The waiver form tells the court the judge that you want to have him consider your case without a lawyer for that hearing. If you decide you want an attorney for the next hearing or even if midway though the hearing decide you want to speak with an attorney, you can tell the court that you would like to have a lawyer with you before proceeding.

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  • 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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