Category Archives: Criminal Law

What Happens If You Get Convicted Of A DUI?

What Happens If You Get Convicted Of A DUI?

Driving under the influence is a crime, but the idea of getting arrested for DUI for the very first time may not faze many people. After all, it’s a first-time offense, and the law is quite lenient on first-time offenders. While most states categorize first-time DUIs as a misdemeanor, the consequences, both short-term and long-term, remain serious. If ever you’re arrested for a DUI, you will need to fully understand not just the punishments that come with a DUI conviction, but it’s possible long-term impact on your life as well.

Here are the things that will happen when you’re arrested for DUI for the first time.

• You Will Be Booked: As with any other crime, you will be brought to the nearest police station or jail, where your mug shots and fingerprints will be taken. If you’re allowed to post bail, and someone pays for it, you can be released immediately.
• You’ll Be Ordered To Appear In Court: A ticket or a summons will be handed to you at the time of your arrest to inform you of the date you must show up in court for your DUI hearing.
• Your License Will Be Suspended: Depending on the state, your driver’s license will be suspended immediately after the arrest if you say no to a field sobriety test or a breathalyzer or blood test, or it will come as part of your sentence once you’re convicted of DUI.
• You Can Go To Jail: Some people believe that first-time DUI convicts are only given probation. The truth is, jail terms for first-time DUI offenders are now mandatory in an increasing number of states. As first-offense DUI is classified as a misdemeanor in all states, a conviction could mean up to six months in jail. The sentence, however, may be lengthened if there are aggravating circumstances. Typically, however, first-time DUI offenders serve shorter jail terms and spend the rest of the time on probation or performing community service.
• You Will Pay Fines: The fines that courts hand down for DUI convictions may vary from state to state. For a first-time DUI offender, you could be looking at fines of up to $1,800 depending on the state where the offense was committed.
• Your Car Insurance Rates Will Soar: Expect to see a sharp increase in your car insurance premiums once your provider learns of your DUI arrest and conviction. The hike could be a few hundred dollars, but it’s not unheard of for insurance rate hikes to reach thousands of dollars. Finding a car insurance company at an affordable rate is going to be tough if you have a DUI conviction haunting you.
• You Have To Undergo An Alcohol And Drug Education Program: A first-time DUI convict often gets ordered by the court to complete an alcohol and drug education program. Finishing this program is typically a prerequisite to getting one’s driver’s license reinstated. Under the program, you have to attend hours of drunk driving prevention classes and pay for them as well. Your drinking habits will also be assessed under this program, with a trained counselor performing the evaluation to determine if you are suffering from alcohol abuse disorder. Once the evaluation shows that you have an alcohol problem, the counselor may recommend a court-approved alcohol treatment program before your driving privileges are restored.

The legal and financial consequences of getting arrested and convicted for a DUI are bad enough, but one thing first-time DUI convicts should think about is what it might be telling them about their own health and well-being. If you find yourself at the receiving end of a first-time DUI, it doesn’t necessarily mean that you have a substance abuse problem. It’s possible that you are just a light to moderate drinker who made a bad decision to drink and drive. Nevertheless, a DUI arrest and conviction is a serious sign that you need to contemplate your alcohol consumption. It would be great if you, like most drivers arrested for a first-time DUI, make adjustments to your behavior regarding drinking and driving. However, if you continue to drink and drive and become a repeat offender despite the negative consequences, then you are waving a big, red flag. While it’s not irrefutable proof of addiction, it’s a tell-tale sign that you may have an alcohol problem on your hands, and you will likely need professional help. Should you ever get arrested on suspicion of DUI, waste no time in hiring a skilled and experienced DUI lawyer to represent you. As a specialist in laws that covers driving under the influence offenses, a DUI lawyer is the best-equipped person to help you get the best possible result for your first-time DUI case.

Difference between a DUI charge and a DUI conviction

There’s a misconception that being charged with a DUI is the same as being convicted of DUI. If an officer pulls you over on the suspicion of being intoxicated and you are arrested, you have been charged with a DUI but you have not been convicted in a Court of law. If you have been charged with drunk driving you are facing serious consequences negatively impact your life. But, you can fight the charges you are facing and, with the help of an aggressive, experienced DUI defense attorney you may be able to win your case and avoid a costly DUI conviction. Here are some of the defenses your lawyer can use in court.

• Field Sobriety Tests – There are many issues surrounding Field Sobriety Tests that can provide several potential defenses for your lawyer to use in court. FSTs are often misinterpreted, meaning the results aren’t an accurate depiction as to whether or not you’re intoxicated. When it comes to a field sobriety test, it is often almost impossible for you to “pass” meaning that, if you participate, you’ll more than likely be charged with a DUI.
• Breathalyzers: While typically considered more effective than FSTs when it comes to determining your BAC, a breathalyzer isn’t a perfect science. Breathalyzers are subject to error for many reasons. One of the biggest issues is that it doesn’t necessarily distinguish between ethyl alcohol (the type found in alcoholic beverages) and alcohols in the methyl group which is a huge distinction. Breathalyzers can be thrown off simply by what you had for lunch, depicting a higher than actual BAC level. What’s more diabetics and people who suffer from GERD can also show false levels due to their physical conditions.
• Blood and Chemical Tests: While more accurate in determining the amount of alcohol in your blood, these tests also have their own shortcomings. Mishandling a blood sample can cause it to coagulate, congeal or decay which will taint any results. What’s more, is the sample can be contaminated by the alcohol swab used to clean the area before they take the blood sample causing a false reading.

While these are some of the more basic defenses they are, by no means, the only ones. Being charged with a DUI doesn’t necessarily mean that you’re going to be convicted. However, from the moment you get pulled over, you have a limited amount of time in order to prepare for your day in court. The first thing you should to do is to hire the most experienced DUI defense attorney you can afford. A DUI charge, while not a conviction, is still a very serious issue that needs to be addressed as soon as possible. Getting stopped for drunk driving (commonly referred to as “DWI” – driving while intoxicated or “DUI” – driving under the influence) is a serious offense and can have different consequences depending upon where you live. All 50 states have “per se” laws defining it a crime to drive with a blood alcohol content (BAC) level at or above the prescribed threshold. At this time, every state has set this maximum BAC level at 0.08 percent. However, some states have enacted zero tolerance laws that lower that level for underage drivers and high BAC laws that impose harsher penalties for those caught with levels of 0.16 to 0.20.

Getting Stopped for Drunk Driving

When you’re stopped for drunk driving (or for something else and a police officer has reason to believe you’ve been drinking), you will generally be required to take a sobriety test (blood, breath or urine) to determine your BAC level. Most states have implied consent laws which means that you must comply with a test or face fines and/or license suspension – sometimes right on the spot – for refusing to take the test. Some states have abandoned the urine test due to reliability issues. The driver usually gets his choice of the available tests. Which test should you choose? That depends. A breath testing machine may be easier to fault for accuracy than a blood test, but a breath testing machine cannot test for the presence of drugs. You must remember that a DWI can also be “under the influence of drugs.” If you refuse the test or are found to have a BAC over the state limit, chances are you’ll be taken into custody and brought to a police station where you’ll be held until someone can pick you up, or until next morning when you have sobered up. In addition, your license may be temporarily suspended and your vehicle may be impounded for a period of time after the incident. However, these penalties seldom apply to refusing to perform FST’s (field sobriety tests), which are the physical coordination tests an officer has you perform.
Going to Court for a Drunk Driving Charge

Aside from a possible administrative hearing that reviews the circumstances surrounding your arrest to see if your license should be administratively suspended (as opposed to suspended by the Court), you must generally go to court where a jury or judge will decide your fate. In any criminal case, including DWI’s, you have the right to a jury trial, but once convicted, it is up to the judge what punishment you will receive. In many states there are mandatory punishments and consequences that deny the judge any discretion as to the punishment if your BA is of a certain level, or if you have refused to take a mandatory test. Generally, for each prior conviction of DWI within the previous 5-10 years, the punishment will become progressively severe, and these may also be mandatory minimum sentences.

If you’re found guilty, most courts will:
• impose fines (and some add on an additional driver responsibility tax)
• suspend or revoke your license (Motor Vehicle Departments may do so even if a court does not)
• require participation in a drunk driver education program
• add points to your license (and your insurance will most likely increase)
• sentence you to jail or require community service work as an alternative
• put you on parole (called “probation” in some states)
• impose various statutory fees intended to offset the state’s budget expenses on DUI/DWI cases

In addition, some judges and some states may require you to participate in alcohol or drug treatment programs as part of a parole program or have an ignition interlock device installed on your vehicle. You may also receive as a condition of parole (probation) that you not drink any alcoholic beverage while on parole, or not even enter a tavern.

Getting Your Drivers License Back

Some states allow for provisional, conditional, hardship or temporary licenses. This varies greatly by state, judge and circumstances and is often granted only with participation in an education program or by showing a family hardship. You may also have to show proof of liability insurance to get your license back.

Many DUI and DWI offenders face stiffer penalties than mere fines. As with any criminal charge, a person charged with driving while intoxicated (DWI) or driving under the influence (DUI) is presumed innocent until proven guilty. If guilt is established (often through the defendant’s own plea or after a jury trial), the penalty will depend on state law, as well as on any aggravating circumstances (such as the presence of an open bottle of liquor in the car) and the defendant’s cooperation with the police. In all states, first-offense DUI or DWI is classified as a misdemeanor and punishable by up to six months in jail. That jail time may be increased under certain circumstances. For example, some states mandate more severe punishments for DUI or DUI offenders whose blood alcohol concentration (BAC) at the time of arrest was particularly high—for example, 0.15% or 0.20%, very high considering the legal limit of 0.08%.

Many states also require minimum jail sentences of at least several days on a first offense. Subsequent offenses often result in jail sentences of several months to a year. For a DUI or DWI that’s been classified as a felony—either because the driver killed or injured someone or because it’s the driver’s third or fourth DUI—jail sentences of several years are not uncommon. Again, this depends on state law, the facts of the case, and the discretion of the judge at trial.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506
Ascent Law LLC

4.9 stars – based on 67 reviews


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What Is A Temporary Restraining Order (TRO)?

How to File a Restraining Order in Utah
What Is A Temporary Restraining Order (TRO)?

A temporary restraining order (TRO) is a court order that’s aimed at preventing someone from taking particular actions but only for a certain amount of time. Most people associate TROs with domestic violence. However, these temporary orders may also address dangerous situations outside of your family such as stalking or sexual violence. And some TROs have nothing to do with violence or threats, such as the orders meant to maintain the status quo in a couple’s finances while a divorce case is ongoing. Here’s an overview of the common types of TROs and how they work.

A temporary restraining order (TRO) is a compelling legal option for anyone facing domestic violence. It is a court order that protects a person or persons from physical, mental, verbal, or other abuse. It can require the abuser to keep at least 100 yards away from the victim, enforceable by arrest. It can be filed against a spouse, ex-spouse, parent of a child, boyfriend, girlfriend, grandparent, or anyone else initiating harm. And under some circumstances it can prohibit the abuser from purchasing a firearm.

If you are facing domestic violence, there is help and there are legal steps you can take to pull you and your family out of harm’s way. If you are ready to take action and pursue a temporary restraining order, here are some important things to keep in mind:
• TROs are generally filed after an “ex parte” order from a judge. This requires the victim to complete a filing with the court and gives the abuser official notice so he/she can seek an opportunity to be heard.
• TROs can be filed by completing paperwork at a courthouse. Engaging an attorney is advised but not necessary to file for a TRO.
• TROs can be granted on the same day as filed.
• The TRO will stay in effect for 15-20 days, or until the court-ordered hearing “Order to Show Cause” to evaluate the TRO with both parties present takes place.
• The TRO must be served on the abuser, and can be done so by a marshal.
• The victim should keep copies of the TRO with them at all times.
• If the abuser violates the terms of the TRO, the victim should alert authorities immediately.
• During the “Order to Show Cause” the TRO may be extended to a permanent Restraining Order, may be cancelled, modified, or extended.

Temporary Orders to Prevent Domestic Violence

Under state law, people who are in danger of violence or abuse from a family member may request a court order meant to stop the abuse and protect the person asking for the order (usually known as the “applicant” or “petitioner”). Depending on the state, these orders go by different names, including domestic (or family) violence protective orders, injunctions for protection against domestic violence, or orders of protection.

If it appears to be an urgent situation, the judge may issue a temporary order that takes effect immediately but lasts only for a certain period of time. These TROs are sometimes called “ex parte” orders—a legal term for orders that a judge issues based only on the information in the request, without hearing from the person who’s the subject of the order (the “defendant” or “respondent”).

Who May Get a Domestic Violence TRO?

Historically, domestic violence TROs were limited to petitioners who are in danger of abuse from close relatives, including current and former spouses. But some states include more relatives than others. Also, many states have expanded the definition of domestic violence to include abuse between people in relationships beyond traditional families, such as:
• couples who live or lived together without being married
• parents who had a child together without being married
• people who live in the same house but aren’t a couple or related, and
• people who are or were recently in a serious dating relationship.

Even if you’re in a qualifying relationship with your abuser, your ability to get a TRO in your situation will depend on how your state defines abuse. In some states, your abuser must have already committed a crime against you like assault, stalking, threats of immediate violence, or criminal property damage. Other states allow protective orders in a wider range of situations. In Utah, for instance, abuse includes behaviors like making annoying phone calls, impersonating the victim online, and destroying the victim’s “mental or emotional calm.”

Can You Get a TRO Against Someone Not in Your Family or Household?

If you’re dealing with abuse or threats of violence in a situation that doesn’t involve family, household members, or other intimates, you might still be able to get a TRO. Some states have special laws dealing with TROs to prevent:
• harassment or stalking
sexual assault
elder or vulnerable adult abuse
• workplace violence, or
• gun violence (under so-called red flag laws).

As with domestic violence TROs, you may use a simplified procedure—when it’s allowed in your state—to apply for one of these orders (more on that below).

Temporary Restraining Orders in Divorce Cases

In the context of family matters, there’s another type of TRO that’s common in divorces. Although they might also address potential abuse, these TROs are more typically aimed at maintaining the status quo in a couple’s finances and access to their children while the divorce case is ongoing. For instance, TROs issued in divorces often prohibit either spouse from:
• selling, transferring, or otherwise getting rid of assets
• taking on large debts\changing the beneficiaries on life insurance policies, retirement accounts, and the like
• removing the other spouse or children from health insurance
• canceling insurance policies, or
moving children from the state without permission from the other parent or the court.

How Do You Get a TRO?

The procedure for getting a TRO depends on the circumstances and the law in your state.

Applying for a Domestic Violence TRO

In domestic violence cases, you can apply for a TRO directly with the court clerk (usually at the Family Court). You’ll need to fill out some forms. Most state courts have self-help centers that will provide information and assistance with the process. Some states, like Utah, provide the application forms and instructions online. Generally, you’ll need to give details about when the respondent has hurt or threatened you, as well as the specific orders you’re requesting. .

Of course, you should call 911 if you’re in immediate danger. After officers arrive, they might contact a judge and request an order for you. Otherwise, you might need to go to the court yourself once the police have defused the situation, taken the abuser into custody, or simply made sure you could leave. You can also call the police if you need an immediate order when the courts are closed, even if your abuser isn’t with you at the time (for instance, when you’re receiving threats of immediate violence over the phone). After investigating, officers will probably contact an on-call judge to request an order. The judge might want to talk with you before deciding whether to grant the request.

The judge who reviews your request will decide if a temporary order is necessary to protect your safety under the standards in your state and based on the information you’ve provided. For instance, judges in Texas will issue temporary ex parte protective orders if they find that there’s a “clear and present danger of family violence,” as that is defined under state law. If the judge decides that your situation doesn’t meet the requirements for a TRO, you may still be able to get a protective order. But you’ll have to wait for a hearing, and the respondent will have the right to be there and argue against the order.

Applying for Non–Domestic Violence TRO

In states with specific laws that allow protective orders in some non-domestic violence situations, like stalking and sexual violence, you should be able to apply under a similar, simplified procedure. However, the standards for issuing these orders are usually stricter than in cases of domestic abuse.

With some types of TROs, the victim or potential victim doesn’t actually apply for the order. For instance, employers may apply for workplace violence restraining orders to protect an employee from violence or threats at the workplace. And in some states, law enforcement or certain school employees may apply for a restraining order to prevent gun violence.

In situations that don’t involve domestic violence and aren’t covered by a special law in your state, the standard procedure is to file an Order to Show Cause (OSC) with the court and seek a TRO as part of your application. An OSC is way of getting your request in front of a judge relatively quickly. But you should know that preparing and filing an OSC ordinarily requires knowledge of court rules and regulations, so you’ll very likely need to get help from a lawyer.

When Do You Need to Apply for a TRO in Your Divorce?

In some states, as soon as one spouses files the initial divorce papers and serves them on the other spouse, standard TROs dealing with finances and related matters are automatically effective. These “ATROs” are usually spelled out in the divorce petition or other documents included in the paperwork. In other states, you must specifically request these TROs from the court where your divorce was filed. Most TROs remain in effect until there’s a hearing where the petitioner and the respondent may appear before a judge, present evidence, and argue for or against a longer-lasting order.

How Long Do Temporary Restraining Orders Last?

Most TROs remain in effect until there’s a hearing where the petitioner and the respondent may appear before a judge, present evidence, and argue for or against a longer-lasting order. The hearing generally must take place within a certain period of time—usually within about two or three weeks.

Some states allow emergency TROs that last even a shorter amount of time. In California, for instance, when a judge issues an emergency ex parte protective order to a police officer at a scene of domestic violence, the order will last for only five court business days or seven calendar days. Then, if you want a regular TRO that will last until the hearing, you’ll need to go to court and apply for it. TROs that are imposed as part of a divorce usually last until the divorce is final—which could be several months or even years in some cases.

What Should You Do When There’s a TRO Against You?

If a judge has issued a TRO against you, you’ll receive a copy of the order and a notice about an upcoming court hearing. The order will detail everything you are ordered not to do. It might also include actions you must take. It’s very important that you show up for the hearing, and that you obey the temporary order in the meantime. Violating a restraining order is a serious offense that could land you in jail. Even without that result, it would work against you at the hearing. Learn more about how to defend against a restraining order.

What If a Restraining Order Conflicts With Another Court Order?

If there are two conflicting court orders affecting the same person, the most recent order typically prevails. As a practical matter, the judge will probably be made aware of the potential conflict and will address it when issuing the current order.

For example, let’s say there’s been a custody order that calls for the parent who doesn’t live with the children (the noncustodial parent) to pick up and drop off the kids after visitation at the home where they live with the custodial parent. But later, a judge orders the noncustodial parent to stay away from the custodial parent’s home because of domestic violence or threats. That restraining order would take precedence over the previous custody order. In all likelihood, the judge would order an alternate method of pick up and drop off, perhaps having it take place at a neutral location with other people present, or even at a local police station.

The process to file a TRO begins the moment the victim reports any incidence of violence. Temporary restraining orders become effective as soon as they are served to the person who is being restrained by the order. Local police are responsible for serving the temporary restraining order to the alleged abuser.

The temporary order will remain in effect until the Order to Show Cause hearing, in which the court will review the facts in terms of the need for the order, and determine if there is a need for a long term restraining order. They will also determine how long the long term restraining order should last. It is common for a TRO to have a set expiration date; otherwise, it will usually last until the court hearing.

Some states place a limit on how long a restraining order can last, but do allow the court to issue a longer order depending on the circumstances. An example of this would be how in Texas, a domestic violence restraining order can only last for two years. However, the court can issue an order for longer if the abuser caused bodily injury, or committed a felony against the victim or another member of the family or household. Additionally, either party can ask the court for a hearing to modify, extend, or remove a restraining order.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
Ascent Law LLC

4.9 stars – based on 67 reviews

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Get Your Record Expunged In Utah

expungement
How Do You Get Your Record Expunged In Utah?

Expungement (also called “expunction”) is a court-requested procedure in which the lawful record of a capture or a criminal conviction is “fixed,” or deleted according to the law. At the point when a conviction is expunged, the procedure may likewise be alluded to as “putting aside a criminal conviction.” The accessibility of expungement, and the method for getting a capture or conviction expunged, will fluctuate as indicated by a few elements, including the state or area where the capture or conviction happened. In certain wards, it’s unrealistic to get an expungement. An expungement normally implies that a capture or feelings “fixed,” or eradicated from an individual’s criminal record for generally purposes. After the expungement procedure is finished, a capture or a criminal conviction customarily shouldn’t be uncovered by the individual who was captured or sentenced. For instance, when rounding out an application for an occupation or loft, a candidate whose capture or conviction has been expunged doesn’t have to uncover that capture or conviction. Much of the time, no record of an expunged capture or conviction will show up if a potential boss, instructive organization, or other organization directs an open records examination or foundation search of a person’s criminal record.

An expunged capture or conviction isn’t really totally eradicated, in the exacting feeling of the word. An expungement will customarily be an open piece of an individual’s criminal record, perceptible by certain administration offices, including law authorization and the criminal courts. This constrained openness is in some cases alluded to as a criminal record being “under seal.” In some lawful procedures, for example, during condemning for any wrongdoings perpetrated after an expungement, or in migration/expelling procedures, an expunged conviction that is “under seal” may even now be considered as verification of an earlier conviction. Regardless of whether you may get a criminal record expunged relies upon various elements, including the locale; the nature of the wrongdoing or charge; the measure of time that has gone since the capture or conviction; and your criminal history. A few states, including New York, don’t take into account the expungement of criminal feelings by any means.

Having your criminal records fixed is like having them expunged, yet significantly less “covered up.” If your records are fixed, at that point it implies they are not accessible to general society; this would incorporate private examiners, credits, and businesses. In any case, these records still exist with regards to the criminal equity framework.

For instance, the fixed feelings will even now be considered earlier offenses on the off chance that you are captured later on. The laws identifying with expungement are very factor and various wards may have various necessities that should be met before an expungement can be conceded. It’s a smart thought to contact a criminal safeguard lawyer who can exhort you about the prerequisites to have your earlier conviction expunged, considering nearby principles and the actualities of your case.

The Utah Bureau of Criminal Identification (the “BCI”) will have the last say on whether you’re qualified to expunge your Utah cases, however they charge $65 and they take around a half year to process your application, so it presumably bodes well to attempt to make sense of in case you’re qualified before you experience the application procedure. The procedure can be broken down into four stages:
• Were you CONVICTED of the charges you’re attempting to expunge?

On the off chance that you were not sentenced for the charges, you are most likely qualified to expunge the case. Here’s certain reasons you probably won’t have been indicted:
o You entered a “supplication in hold” understanding and you effectively finished the terms, so the case was expelled.
o Truly, you are qualified to expunge that case.
o You had a preliminary and you were vindicated of the charges.
o Truly, you are qualified to expunge that case.
o The indictment recorded the case and later expelled it in light of proof issues.
o You are qualified to expunge that case is the situation was rejected with bias or if the legal time limit has terminated. On the off chance that the case was rejected without bias you have to either movement the court to change over the case to a with preference expulsion or you have to trust that the legal time limit will terminate. (We can enable you to attempt to get the rejection changed over to with preference.)

o You were captured however the case was never recorded in court.
o Perhaps. You are qualified to expunge your capture records if the legal time limit has terminated, or if the arraignment gives you a letter saying they don’t mean to indict the case.

On the off chance that you were indicted for the wrongdoing you’re attempting to expunge, go to Step 2.

• Were You Convicted of a Crime that is Never Eligible For Expungement? The Utah council has chosen that a few wrongdoings can never be expunged. Those include:
o capital crimes
o first degree crimes
o a few sorts of fierce lawful offenses like irritated strike, youngster misuse, assault, and disorder (see Utah Code 76-3-203.5(c) for the total rundown)
o crime DUI
o an offense for which you needed to enlist, either on the sex offense vault of the tyke misuse library
In the event that you were indicted for one of these sorts of charges, your lone alternative might be to apply to the Governor for an exculpation. In the event that you were not sentenced for this sort of offense, go to Step 3.

• Has the Wait Period Expired for the Conviction You’re Trying to Expunge? The hold up period begins when you are discharged from detainment or parole or probation and the case is shut, whichever is later. So for the vast majority that implies that the hold up period doesn’t begin until your probation is over with–this frequently implies a year or two after the real conviction. The hold up periods are:
o 10 years for Misdemeanor DUIs
o 7 years for Felonies (with the exception of crime tranquilize ownership offenses)
o 5 years for Class A Misdemeanors and lawful offense sedate belonging offenses
o 4 years for Class B Misdemeanors (with the exception of DUIs)
o 3 years for Class C Misdemeanors and Infractions

In the event that the sit tight period for the conviction you’re attempting to expunge has terminated, go to Step 4.

• Do You Have Too Many Total Convictions on Your Record? This is the progression that gets truly convoluted. Here’s a portion of the guidelines: They will check up ALL your feelings, regardless of whether they are in Utah or some other state. They will tally medicate ownership offenses independently from different offenses. They will just check each case once, regardless of whether the case contained numerous charges that you were sentenced for. Infractions are not tallied, nor are minor “administrative” offenses (see my post here about what an administrative offense is). Here are the shorts; on the off chance that you have this numerous feelings you are not qualified to expunge any feelings:
o Two Felony feelings
o Two Class A Misdemeanor feelings and some other conviction
o Three Class B Misdemeanor feelings and some other conviction
o Five feelings of any dimension

However, as I stated, medicate ownership offenses are tallied independently. In case we’re talking drug ownership offenses, here are the shorts: Three crime medicate ownership feelings and Five feelings of any dimension for medication ownership. In the event that you made it to this progression and you realize you are under the shorts portrayed above, at that point you ought to be qualified to apply for expungement. Since an expungement can offer a new beginning of sorts, a standout amongst the most significant activities that individuals who have been captured or sentenced can take is to explore their purview’s expungement methods. Begin by checking with your province’s criminal court, or even the law requirement organization that took care of your capture. In particular, pose the accompanying inquiries about qualification for expungement and the method that is included: Is a specific offense qualified for expungement? For instance, a purview may permit expungement just for captures and crime feelings and not enable lawful offense feelings to be expunged. When is an individual qualified for an expungement? For instance, expungement might be accessible simply after individuals have wrapped up their sentences, including any term of probation. (Be that as it may, if there’s a valid justification, a judge may abbreviate a time of probation so as to enable expungement to happen prior.) Expungement doesn’t really require employing a lawyer. Numerous courts have frames accessible, with titles along the lines of “Movement for Expungement.”

Regardless of whether a conviction has been expunged, would it be able to at present appear in certain conditions? For instance, police offices and some authorizing sheets might probably get some answers concerning work candidates’ expunged records. A Certificate of Actual Innocence is maybe the most dominant type of expungement. This authentication accomplishes more than seal an earlier record, it demonstrates that a record ought to never have existed. Suppose that Joe is captured for vandalism for showering structures with spray painting, yet the charges are later dropped. Or then again maybe Joe is accused of vandalism, and he goes to preliminary and is found not blameworthy. In either circumstance, Joe may try to get an endorsement building up that he was authentically blameless of the offense.

Utah permits expungement in numerous kinds of crime and offense cases for grown-ups and adolescents. Utah Code Section 78A-6-1105 arrangements with the expungement of adolescent records. When an adolescent record is expunged, the case is cleaned from the record and considered to have never occurred. You will almost certainly enter adulthood with a fresh start. When you apply for an expungement, you should be 18 years old, have no grown-up criminal record, and one year more likely than not go since the finish of the case, which incorporates probation, compensation, and fines. In Utah, the main wrongdoings that are not expungable are capital lawful offenses, first degree lawful offenses, coercive second degree crimes, and any sort of sexual offense including a minor.

In the event that you don’t have any current pending charges or not on post-trial supervision or parole Utah law (Utah Code Annotated Sections 77-18-10, 77-18-11, and 77-18-12) will enable you to have either your offense and crime conviction expunged. More often than not, lawful offenses can be expunged seven years after the fruition of your sentence, and a few wrongdoings can be expunged just three years after the consummation of your sentence. On the off chance that you might want a decreased conviction, Utah law 76-3-402(2) permits to have your conviction diminished by up to two degrees in class. This implies a crime could be diminished to a class A wrongdoing.

A decrease can reestablish rights naturally, which can help in the event that one is hoping to have a gun. On the off chance that you were captured, and your capture did not result in a conviction, you are qualified to have the record of the capture removed your record. Captures records aren’t considered as genuine as feelings, yet they can be similarly as impeding to somebody searching for a vocation. On the off chance that you have no current pending prosecution against yourself and are not on post-trial supervision or parole, Utah law (Utah Code Annotated Sections 77-88-10, 77-88-11, and 77-88-12) gives you the privilege to have your capture records expunged following 30 days, as long as they didn’t result in a conviction. To apply for expungement, you should initially get an endorsement of qualification that can be found at the Utah Bureau of Criminal Investigation (BCI). You would then be able to round out the appeal and a Receipt, Consent and Waiver of Hearing. You don’t need to go to a meeting except if the examiner articles to the expungement. Except if you have a conference, you will get a notice in the mailing expressing that your record is expunged.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506
Ascent Law LLC

4.9 stars – based on 67 reviews


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How Do You Get Your Record Expunged In Utah?

How Do You Get Your Record Expunged In Utah?

Expungement (also called “expunction”) is a court-requested procedure in which the lawful record of a capture or a criminal conviction is “fixed,” or deleted according to the law. At the point when a conviction is expunged, the procedure may likewise be alluded to as “putting aside a criminal conviction.” The accessibility of expungement, and the method for getting a capture or conviction expunged, will fluctuate as indicated by a few elements, including the state or area where the capture or conviction happened. In certain wards, it’s unrealistic to get an expungement. An expungement normally implies that a capture or feelings “fixed,” or eradicated from an individual’s criminal record for generally purposes. After the expungement procedure is finished, a capture or a criminal conviction customarily shouldn’t be uncovered by the individual who was captured or sentenced. For instance, when rounding out an application for an occupation or loft, a candidate whose capture or conviction has been expunged doesn’t have to uncover that capture or conviction. Much of the time, no record of an expunged capture or conviction will show up if a potential boss, instructive organization, or other organization directs an open records examination or foundation search of a person’s criminal record.

An expunged capture or conviction isn’t really totally eradicated, in the exacting feeling of the word. An expungement will customarily be an open piece of an individual’s criminal record, perceptible by certain administration offices, including law authorization and the criminal courts. This constrained openness is in some cases alluded to as a criminal record being “under seal.” In some lawful procedures, for example, during condemning for any wrongdoings perpetrated after an expungement, or in migration/expelling procedures, an expunged conviction that is “under seal” may even now be considered as verification of an earlier conviction. Regardless of whether you may get a criminal record expunged relies upon various elements, including the locale; the nature of the wrongdoing or charge; the measure of time that has gone since the capture or conviction; and your criminal history.

A few states, including New York, don’t take into account the expungement of criminal feelings by any means. Having your criminal records fixed is like having them expunged, yet significantly less “covered up.” If your records are fixed, at that point it implies they are not accessible to general society; this would incorporate private examiners, credits, and businesses. In any case, these records still exist with regards to the criminal equity framework. For instance, the fixed feelings will even now be considered earlier offenses on the off chance that you are captured later on. The laws identifying with expungement are very factor and various wards may have various necessities that should be met before an expungement can be conceded. It’s a smart thought to contact a criminal safeguard lawyer who can exhort you about the prerequisites to have your earlier conviction expunged, considering nearby principles and the actualities of your case.

The Utah Bureau of Criminal Identification (the “BCI”) will have the last say on whether you’re qualified to expunge your Utah cases, however they charge $65 and they take around a half year to process your application, so it presumably bodes well to attempt to make sense of in case you’re qualified before you experience the application procedure. The procedure can be broken down into four stages:
• Were you CONVICTED of the charges you’re attempting to expunge?
On the off chance that you were not sentenced for the charges, you are most likely qualified to expunge the case. Here’s certain reasons you probably won’t have been indicted:
o You entered a “supplication in hold” understanding and you effectively finished the terms, so the case was expelled.
o Truly, you are qualified to expunge that case.
o You had a preliminary and you were vindicated of the charges.
o Truly, you are qualified to expunge that case.
o The indictment recorded the case and later expelled it in light of proof issues.
o You are qualified to expunge that case is the situation was rejected with bias or if the legal time limit has terminated. On the off chance that the case was rejected without bias you have to either movement the court to change over the case to a with preference expulsion or you have to trust that the legal time limit will terminate.
(We can enable you to attempt to get the rejection changed over to with preference.)
o You were captured however the case was never recorded in court.
o Perhaps. You are qualified to expunge your capture records if the legal time limit has terminated, or if the arraignment gives you a letter saying they don’t mean to indict the case.
On the off chance that you were indicted for the wrongdoing you’re attempting to expunge, go to Step 2.
• Were You Convicted of a Crime that is Never Eligible For Expungement? The Utah council has chosen that a few wrongdoings can never be expunged. Those include:
o capital crimes
o first degree crimes
o a few sorts of fierce lawful offenses like irritated strike, youngster misuse, assault, and disorder (see Utah Code 76-3-203.5(c) for the total rundown)
o crime DUI
o an offense for which you needed to enlist, either on the sex offense vault of the tyke misuse library
In the event that you were indicted for one of these sorts of charges, your lone alternative might be to apply to the Governor for an exculpation. In the event that you were not sentenced for this sort of offense, go to Step 3.
• Has the Wait Period Expired for the Conviction You’re Trying to Expunge? The hold up period begins when you are discharged from detainment or parole or probation and the case is shut, whichever is later. So for the vast majority that implies that the hold up period doesn’t begin until your probation is over with–this frequently implies a year or two after the real conviction. The hold up periods are:
o 10 years for Misdemeanor DUIs
o 7 years for Felonies (with the exception of crime tranquilize ownership offenses)
o 5 years for Class A Misdemeanors and lawful offense sedate belonging offenses
o 4 years for Class B Misdemeanors (with the exception of DUIs)
o 3 years for Class C Misdemeanors and Infractions
In the event that the sit tight period for the conviction you’re attempting to expunge has terminated, go to Step 4.
• Do You Have Too Many Total Convictions on Your Record? This is the progression that gets truly convoluted. Here’s a portion of the guidelines: They will check up ALL your feelings, regardless of whether they are in Utah or some other state. They will tally medicate ownership offenses independently from different offenses. They will just check each case once, regardless of whether the case contained numerous charges that you were sentenced for. Infractions are not tallied, nor are minor “administrative” offenses (see my post here about what an administrative offense is). Here are the shorts; on the off chance that you have this numerous feelings you are not qualified to expunge any feelings:
o Two Felony feelings
o Two Class A Misdemeanor feelings and some other conviction
o Three Class B Misdemeanor feelings and some other conviction
o Five feelings of any dimension

However, as I stated, medicate ownership offenses are tallied independently. In case we’re talking drug ownership offenses, here are the shorts: Three crime medicate ownership feelings and Five feelings of any dimension for medication ownership. In the event that you made it to this progression and you realize you are under the shorts portrayed above, at that point you ought to be qualified to apply for expungement. Since an expungement can offer a new beginning of sorts, a standout amongst the most significant activities that individuals who have been captured or sentenced can take is to explore their purview’s expungement methods. Begin by checking with your province’s criminal court, or even the law requirement organization that took care of your capture. In particular, pose the accompanying inquiries about qualification for expungement and the method that is included: Is a specific offense qualified for expungement? For instance, a purview may permit expungement just for captures and crime feelings and not enable lawful offense feelings to be expunged. When is an individual qualified for an expungement? For instance, expungement might be accessible simply after individuals have wrapped up their sentences, including any term of probation. (Be that as it may, if there’s a valid justification, a judge may abbreviate a time of probation so as to enable expungement to happen prior.) Expungement doesn’t really require employing a lawyer. Numerous courts have frames accessible, with titles along the lines of “Movement for Expungement.”

Regardless of whether a conviction has been expunged, would it be able to at present appear in certain conditions? For instance, police offices and some authorizing sheets might probably get some answers concerning work candidates’ expunged records. A Certificate of Actual Innocence is maybe the most dominant type of expungement. This authentication accomplishes more than seal an earlier record, it demonstrates that a record ought to never have existed. Suppose that Joe is captured for vandalism for showering structures with spray painting, yet the charges are later dropped. Or then again maybe Joe is accused of vandalism, and he goes to preliminary and is found not blameworthy. In either circumstance, Joe may try to get an endorsement building up that he was authentically blameless of the offense.

Utah permits expungement in numerous kinds of crime and offense cases for grown-ups and adolescents. Utah Code Section 78A-6-1105 arrangements with the expungement of adolescent records. When an adolescent record is expunged, the case is cleaned from the record and considered to have never occurred. You will almost certainly enter adulthood with a fresh start. When you apply for an expungement, you should be 18 years old, have no grown-up criminal record, and one year more likely than not go since the finish of the case, which incorporates probation, compensation, and fines. In Utah, the main wrongdoings that are not expungable are capital lawful offenses, first degree lawful offenses, coercive second degree crimes, and any sort of sexual offense including a minor.

In the event that you don’t have any current pending charges or not on post-trial supervision or parole Utah law (Utah Code Annotated Sections 77-18-10, 77-18-11, and 77-18-12) will enable you to have either your offense and crime conviction expunged. More often than not, lawful offenses can be expunged seven years after the fruition of your sentence, and a few wrongdoings can be expunged just three years after the consummation of your sentence. On the off chance that you might want a decreased conviction, Utah law 76-3-402(2) permits to have your conviction diminished by up to two degrees in class. This implies a crime could be diminished to a class A wrongdoing.

A decrease can reestablish rights naturally, which can help in the event that one is hoping to have a gun. On the off chance that you were captured, and your capture did not result in a conviction, you are qualified to have the record of the capture removed your record. Captures records aren’t considered as genuine as feelings, yet they can be similarly as impeding to somebody searching for a vocation. On the off chance that you have no current pending prosecution against yourself and are not on post-trial supervision or parole, Utah law (Utah Code Annotated Sections 77-88-10, 77-88-11, and 77-88-12) gives you the privilege to have your capture records expunged following 30 days, as long as they didn’t result in a conviction. To apply for expungement, you should initially get an endorsement of qualification that can be found at the Utah Bureau of Criminal Investigation (BCI). You would then be able to round out the appeal and a Receipt, Consent and Waiver of Hearing. You don’t need to go to a meeting except if the examiner articles to the expungement. Except if you have a conference, you will get a notice in the mailing expressing that your record is expunged.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506
Ascent Law LLC

4.9 stars – based on 67 reviews


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What Is Worse 1st Degree Or 3rd Degree Felony In Utah?

Criminal and Immigration Law
What Is Worse 1st Degree Or 3rd Degree Felony In Utah?

A felony is the most genuine kind of criminal offense. A felony is characterized as a wrongdoing that is serious enough to be deserving of sentences going from detainment for over a year, to life detainment without the chance for further appeal, and even demise. In examination, a wrongdoing is a lesser offense, deserving of detainment for as long as a year. One who submits a felony is a criminal; somebody indicted for a felony is known as a sentenced criminal or convict. While lawful offenses are frequently brutal offenses, and incorporate significant violations, for example, murder, assault, exasperated strike or capturing, they can likewise incorporate clerical wrongdoings like tax avoidance and protections extortion. Lawful offenses can be extensively grouped based on whether the wrongdoing is against an individual or property. Wrongdoings against people incorporate the accompanying:
• Ambush: This is the unlawful endeavor to incur savagery on somebody with the goal of harming them, and incorporates the risk of substantial damage.
• Abusive behavior at home: It has numerous structures, including psychological mistreatment, sexual maltreatment, and physical hostility. Aggressive behavior at home can apply to any relationship in a similar home, and isn’t confined uniquely to mates.
• Medication related violations: This relies upon the measure of medications one has and the goal. A lot of medications found on an individual may result in a medication dealing conviction in light of the fact that there was purpose to sell.
• Driving impaired (DUI): This infringement turns into a felony relying upon the recurrence of the offense and whether anybody was harmed when it happened.
• Capturing: While the ordinary definition is that of an individual held without wanting to, for the most part for a payoff, abducting additionally happens when a kid is held by a parent who does not have custodial rights.
• Homicide: Involuntary murder happens when somebody is coincidentally slaughtered because of carelessness, for example, when driving impaired. Intentional murder happens when an individual is executed not long after a warmed contention.
• Murder (first and second degree): First-degree murder is the deliberate and planned killing of an individual. Second-degree murder is non-planned and may emerge from a related wrongdoing like theft.
• Violations against property incorporate the accompanying :
• Torching: Setting fire to a structure or property for an unlawful reason, for example, for a deceitful protection guarantee. Setting out of control fires additionally considers fire related crime.
• Extortion: Felony misrepresentation is the most genuine kind of misrepresentation, and for the most part includes an administration organization or huge entireties of cash.
The degree of seriousness or earlier record can transform an offense into a felony. For instance, numerous states consider burglary of up to $500 an offense and bigger adds up to be a felony. So also, while driving impaired is for the most part viewed as a wrongdoing, rehashed DUIs would result in the charge being moved up to a felony. While most criminal traffic offenses are infractions or misdeeds, felony petty criminal offenses incorporate leaving the location of a mishap and vehicular manslaughter.

A felony conviction in the United States can have long haul results after discharge from imprisonment, including:
• Extradition for a non-US native
• Rejection from getting certain licenses
• Loss of casting a ballot rights.

A “wobbler” is an offense that might be arraigned as a felony or as a wrongdoing. An offense that was arraigned as a felony may likewise be minimized to a wrongdoing at the season of condemning. This happens when rules approve judges to rebuff guilty parties as either misdemeanants or felony wrongdoers. “Wobbler” Example. Tahir is sentenced for attack with a dangerous weapon. State law gives that the offense is deserving of as long as one year in prison or as long as five years in jail. The judge sentences Tahir to four months in prison, three years of probation, and 200 hours of network administration. The sentence makes the conviction a wrongdoing.
In Utah, a felony is any offense where the respondent could serve over a year in prison. Wrongdoings result in under a year in prison and infractions don’t conveying the likelihood of prison time. Lawful offenses are the most horrifying of criminal allegations and include jail (over 1 year, in contrast to misdeeds).

There are four classifications of crimes: Capital, First Degree, Second Degree, and Third Degree:
• Capital Felonies: Sentences are life in jail, life in jail without the chance for further appeal, and capital punishment. (Wrongdoing: Aggravated Murder)
• first Degree Felony: A scope of 5 years to life in jail and up to a $10,000 fine. (Violations incorporate homicide, tyke capturing, theft, thievery, sex wrongdoings, bothered burglary and pyromania.)
• second Degree Felony: 1 to 5 years in jail and up to a $10,000 fine. (Violations incorporate murder, burglary, thievery, ownership of a controlled substance with aim to disperse, robbery of property at $5,000 or more, and purposeful tyke misuse).
• third Degree Felony: 0 to 5 years in jail and up to a $5,000 fine. (Violations incorporate thievery of a non-abiding structure, robbery or falsification of checks somewhere in the range of $1,000 and $5,000, ownership with aim to circulate cannabis and false or manufactured medicines).

During a felony criminal case, a judge will sentence a litigant dependent on the Utah Sentence and Release Guidelines. There are a few factors that go into the condemning procedure. The examiner can approach a judge for a progressively extreme sentence if the:
• Unfortunate casualty endured extreme real damage.
• Different charges or exploited people
• Litigant held a place of power or trust over the person in question.
• Injured individual was unreasonably powerless against the wrongdoing, (for example, an incapacitated individual or a kid).
• Wrongdoer’s disposition isn’t helpful for supervision
• Money related or robbery wrongdoing which included value in an individual’s home or an individual’s retirement finance.

These are known as “irritating components” when a judge decides a sentence. A felony sentence can likewise be decreased if: Guilty party neither caused or undermined genuine mischief, guilty party is youthful, guilty party helped law requirement in the goals of different wrongdoings, guilty party was less dynamic member in the wrongdoing, guilty party has paid compensation, guilty party has great business or family connections, and having a decent criminal protection lawyer can present alleviating factors that diminish the length of a correctional facility or jail sentence.

In Utah, when a litigant is indicted, they have two alternatives for when a judge sentences on a felony conviction: The litigant can be condemned inside 2 to 45 days after their conviction and the litigant can forgo the 2-to 45-day and be condemned promptly upon the arrival of conviction. The judge will approach Adult Probation and Parole for a pre-sentence report. This report incorporates the first police repot, the litigant’s criminal record and articulation, the respondent’s close to home and criminal, foundation, and a rundown of the effect of the wrongdoing on the person in question. The report additionally suggests a sentence for the judge. In Utah, judges for the most part pursue Adult Probation and Parole’s suggestion and Utah’s condemning rules. In specific conditions, a felony conviction can be decreased to a crime. This happens after the fruitful fulfillment of probation. For instance “Endeavored Possession of a Controlled Substance with Intent to Distribute: Cocaine” is a third Degree Felony in Utah, however with a 402 decrease, Attempted Possession with Intent to Distribute can be diminished to a Class A Misdemeanor. Be that as it may, 402 decreases are somewhat precarious, and are not consequently endorsed. At the court’s caution, a degree of a conviction can be decreased by one degree if:
• The litigant has effectively finished probation.
• The litigant has paid all fines and compensation and the offense isn’t a sex wrongdoing.
• The court confirms that it is in light of a legitimate concern for equity to lessen a respondent’s conviction.

Also, if the investigator concurs, the court has the attentiveness of decreasing a charge by two degrees in the event that it serves equity. Salt Lake criminal protection lawyer Clayton Simms can help process all the required desk work, including:
• Finishing the movement desk work for the court.
• Serving your movement on the investigator that dealt with your case.
• Working with the arraignment’s office to concede the movement and administering any stipulations, similar to medication guiding or probation.

A felony conviction can have amazingly genuine outcomes, incorporating time in jail and a huge fine. Indeed, even after individuals have served their time, felony feelings can make it hard to get (or keep) an occupation, fit the bill for an expert permit, or go to class. In the event that you are accused of a genuine wrongdoing, working with an accomplished criminal barrier lawyer is your best trust in staying away from a felony conviction. A neighborhood Utah lawyer can disclose to you what’s in store in court and how to ensure your rights.

While a third-degree felony is less genuine than a first-degree felony, despite everything it incorporates some genuine brutal and peaceful violations. Threatening behavior, transmission of erotic entertainment, driving impaired, pay off, fire related crime, misrepresentation, advancing the prostitution of a minor, senior maltreatment and different medication ownership offenses normally fall into the F3 class. The accurate rundown fluctuates by state of the Utah. Every degree of felony conveys expanding punishments as per the state’s criminal codes. For the most part, a third-degree felony faces as long as five years in jail and up to $15,000 in fines; once more, this fluctuates by state. Beside a jail sentence, an indicted criminal might be requested to make money related changes to the person in question or her family, known as compensation.

Compensation is proposed to take care of the expense of therapeutic costs, property harm and different misfortunes endured during the commission of the wrongdoing and can raced to a huge number of dollars. A judge chooses the sentence for a third-degree felony wrongdoing as per state codes. For the most part, the more genuine the offense and the more drawn out the criminal record, the more extended the suggested jail sentence. Most judges have the watchfulness to veer off from condemning rules if there are moderating or disturbing conditions. Be that as it may, in certain states, certain felony violations convey compulsory least sentences. This implies a judge can’t bring down the sentence regardless of whether there are moderating variables.

Some Utah felony wrongdoings request obligatory least sentences under the law. In these cases, the court is required to force a base punishment, paying little mind to any relieving conditions or factors. For instance, an individual indicted for assault is required to serve a five-year least jail sentence. Different violations that frequently convey obligatory least sentences incorporate wrongdoings against youngsters or the older, sedate violations, and wrongdoings of savagery. On the off chance that you are indicted for another wrongdoing and furthermore have a record of past criminal feelings, you are liable to extra punishments under Pennsylvania law. For instance, on the off chance that you are indicted for another vicious wrongdoing and as of now have a past savage wrongdoing conviction on your record, the court is required to force a base multi year jail sentence for the new offense.

In a similar circumstance, on the off chance that you have at least two past rough wrongdoing feelings, the court must force a base multi year jail sentence. Contingent upon the conditions, you may not require a legal counselor for something like a traffic-ticket case. Be that as it may, for the mind larger part of criminal cases, utilizing a lawyer is the best approach. Past the sentence the judge forces, a criminal conviction can convey durable results. In the event that your legal advisor can’t dodge a conviction, the person may probably show signs of improvement result than you would have something else. Furthermore, an accomplished attorney will most likely ensure your rights and completely clarify the appropriate law, your choices, and the potential results.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506
Ascent Law LLC

4.9 stars – based on 67 reviews


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How Long Does A Class B Misdemeanor Stay On Your Record In Utah?

How Long Does A Class B Misdemeanor Stay On Your Record In Utah?

A misdemeanor is a “lesser” wrongdoing in the United States with less extreme punishments than lawful offenses, yet more serious disciplines than infractions. For the most part, misdemeanors are wrongdoings for which the greatest sentence is a year or less. Numerous states have laws that set up various dimensions or classifications for misdemeanors, for example, Class 1, Class 2, and so forth. The most extreme classes are those that are deserving of prison time, while different classifications are misdemeanors for which the greatest sentence does exclude imprisonment. Misdemeanor sentences of imprisonment are generally served in the neighborhood city or area correctional facility, while lawful offense sentences are served in jail. Most misdemeanor sentences, be that as it may, for the most part include paying a fine and doing network administration or serving probation. With the exception of in a not many states, individuals sentenced for misdemeanors don’t lose any social equality, as indicted criminals do, yet can be precluded from landing certain positions.

It is dependent upon each state to decide explicitly which practices are criminal and after that classify the conduct dependent on a lot of parameters and the seriousness of the wrongdoing. Instances of how states vary when deciding violations and punishments are laid out underneath with the cannabis and alcoholic driving laws in various states. At times individuals will allude to their wrongdoing as, “only a misdemeanor,” and keeping in mind that being accused of a misdemeanor is less genuine than being accused of a lawful offense, it is as yet an intense charge that whenever found liable, could result in prison time, overwhelming fines, network administration, and probation. There are likewise legitimate charges that ought to be considered. Likewise, inability to pursue any of the court-requested states of a misdemeanor conviction will result in more misdemeanor allegations and much heavier fines, conceivably more correctional facility time and broadened probation and legitimate expenses. Being accused of an infraction is much less genuine than a misdemeanor and the punishments as a rule include paying a ticket or little fine and never result in prison time except if there is an inability to pay the fine.

Additionally, individuals discovered liable of an infraction are not requested to perform network administration or go to issue explicit projects, for example, Alcoholic Anonymous or outrage the board. Misdemeanor feelings show up on an individual’s criminal record. It additionally might be lawfully required to unveil the particularities of the wrongdoing during prospective employee meetings, on school applications, when applying for the military or government occupations, and on advance applications. Infractions may show up on an individual’s driving record, however not on their criminal record.

The punishments for an individual sentenced for a misdemeanor relies upon a few elements including the seriousness of the wrongdoing, on the off chance that it is a first-time offense or if the individual is a recurrent perp and on the off chance that it was a rough or peaceful offense. Contingent upon the wrongdoing, misdemeanor feelings will infrequently result in over one year in the city or region correctional facility. For negligible misdemeanor feelings, the prison sentence could fall between 30 to 90 days. Most misdemeanor feelings additionally result in a fine up to $1,000 in spite of the fact that for recurrent wrongdoers or for savage violations the fine can increment up to $3,000. Here and there a judge may force both the correctional facility time and a fine. On the off chance that the misdemeanor included property harm or money related misfortune to an unfortunate casualty, at that point the judge may arrange compensation. The compensation can incorporate court costs.

Additionally, a court may suspend the sentence and spot the respondent on post trial supervision. Various states have various strategies for expungement. Most states require a court request, marked by a judge, so as to expunge a record. This request incorporates the case number, offenses, and gatherings included. It might likewise incorporate a rundown of offices where the records ought to be decimated. When a judge adds their mark to the request, records supervisors at these offices pursue state convention for devastating the records. The gauges for expungement at the state level are commonly founded on the earnestness of the wrongdoing, age of the guilty party, and time go since conviction or capture. The occasions a wrongdoer has perpetrated the wrongdoing may likewise factor into whether a judge chooses to give a request of expungement. Most purviews offer adolescent wrongdoers an approach to expunge their records. In certain conditions, a record might be expunged because of age, to make room in a state database for new records. Expungement has likewise been utilized to recognize delayed times of good conduct and as a solution for an unlawful capture.

Erasing a record is not quite the same as fixing a record. Expungement devastates the record while fixing it limits who can see it. A court may arrange a record to be fixed as opposed to expunged to enable law implementation to see somebody’s criminal history, yet not a potential business during an individual verification. Various states have various measures for whether a court can arrange expungement of a record or for it to be fixed. A pardon is like canceling a record however utilizes an alternate structure of power. An expungement request is issued by a judge, engaged to direct lawful procedures in an official courtroom. A pardon is issued by an official power like a representative, president, or lord. The pardon evacuates any residual sentence or punishment for a wrongdoing. It basically pardons somebody for the offense and treats them as though the offense had never happened. Article II Section 2, Clause 1 of the U.S. Constitution enables the president to pardon somebody sentenced for a government offense. The president does not have the specialist to pardon somebody indicted in state courts of a state level offense.

The Justice Department’s Office of the Pardon Attorney acknowledges demands from pardon searchers five years after their government conviction or discharge. The workplace utilizes gauges of assessment like the courts in expungement cases. They take a gander at the reality of the wrongdoing, conduct in the wake of condemning, and whether the guilty party has recognized the degree of the wrongdoing. The workplace issues proposals to the president as far as the applications they’ve gotten. The president has last pardoning expert. There is no government standard for expungement.

The most widely recognized case of absolution for a government wrongdoing is a pardon. Expungement laws and systems at the state level change. A few states just permit expungement after somebody has been sentenced for a low-level wrongdoing like a misdemeanor or infraction. The procedure for expungement at the state level incorporates an appeal and hearing. As a rule, states don’t permit expungement for genuine wrongdoings like assault, murder, capturing, and ambush. Lawful offenses and violations in the principal degree are likewise frequently ineligible, especially when the casualty of the wrongdoing is younger than 18. Most state rules expect guilty parties to hold up a set measure of time before making a solicitation for their records to be expunged. For instance, on the off chance that somebody needed a speeding ticket expunged from their record, they may need to hold up a set measure of years to demand it and demonstrate that it was a one-time occurrence. A few states enable families to demand expungement of a wrongdoing submitted by somebody who has kicked the bucket. Expungement just concerns records kept at state offices. An expungement request can’t constrain a private substance to expel a record of somebody’s criminal offense. For instance, on the off chance that somebody perpetrates a wrongdoing, and a neighborhood paper distributes an article about it, that article would not be influenced by an expungement request. Meetings and internet based life posts are additionally past the degree of a court request. An expungement request never completely expels the historical backdrop of a wrongdoing from the open record.

Each wrongdoing is either an infraction, a misdemeanor, or a crime. A misdemeanor is any wrongdoing for which there is the likelihood of prison time, yet for which the most extreme is one year in prison or less. Any wrongdoing for which you can be condemned to over a time of imprisonment is a lawful offense. Any wrongdoing for which you can’t be sent to imprison at all is an infraction. There are three unique dimensions of misdemeanors in Utah. Misdemeanor A, B and C. Misdemeanor An is the most genuine and Misdemeanor C is the least genuine. he Penalties for a Misdemeanor in Utah. The greatest punishments are characterized by resolution. Here they are:
• Misdemeanor An: as long as 1 year in prison and a $2,500 fine.
• Misdemeanor B: as long as a half year in prison and a $1,000 fine.
• Misdemeanor C: as long as 90 days in prison and a $750 fine.

These statutory maximums are a bit of deluding. For a certain something, the “most extreme” punishments are vastly different than the “normal” punishments. In the event that you’ve been indicted for a Misdemeanor B, for example, it’s all around far-fetched that you’ll be condemned to a half year in prison or anything near it, especially is it’s your first criminal offense. Almost certainly, you won’t go to imprison by any means, or that you’ll go for a couple of days. Be that as it may, all things considered, you’ll pay near the statutory most extreme in fines, and it is completely conceivable that you’ll pay MORE than the greatest. That is on the grounds that most offenses convey an “additional charge” of up to 90% of the greatest. Along these lines, for some misdemeanor B offenses, the genuine fine might be up to $1,900. Insurance outcomes are significant.

Once in a while the guarantee outcomes of a misdemeanor conviction are more genuine than the criminal punishments passed on by the judge, and they don’t inform you concerning them in court! For some misdemeanors in Utah, a conviction implies that you lose your driver’s permit for a timeframe (for example: DUI, Minor in Possession, or any medication or gear offense). Likewise, the criminal sentence may incorporate terms, for example, an interlock gadget, liquor and medication treatment, or different classes.

A considerable lot of these classes and prerequisites cost cash, which might be substantially more than your fine sum. Likewise, a conviction for a traffic-related misdemeanor could well aim your protection rates to go up for quite a long while. Another real insurance outcome of a Misdemeanor conviction is your criminal record. Historical verifications are progressively normal for work, school, and notwithstanding lodging applications. That conviction that didn’t appear as though a major ordeal at the time may not appear that way years after the fact, when you can’t land your fantasy position as a result of it. Due to the guarantee outcomes related with criminal feelings, it’s regularly certainly justified regardless of your time and exertion to ensure you get the most ideal outcome.

In Utah, your criminal record might be expunged—that is, eradicated or fixed—the situation being what it is portrayed underneath. On the off chance that your record is expunged, it will never again be obvious to the overall population, including potential managers. As a rule, you may state that you were never captured or indicted for a wrongdoing. In Utah, numerous criminal lawful offense and misdemeanor conviction records might be expunged. Notwithstanding, not all records fit the bill for expungements, and sitting tight periods apply for records that are qualified.

Your record is ineligible for expungement on the off chance that you were sentenced in discrete criminal scenes of:
• at least two lawful offenses (other than medication ownership)
• at least three violations of which two are Class A misdemeanors (other than medication ownership)
• at least four violations of which three were Class A misdemeanors (other than medication ownership)
• at least five violations of any sort (other than medication ownership)
• at least three lawful offense medicate ownership offenses, or
• at least five medication ownership violations of any degree.

Pending or past infractions, traffic offenses, and minor administrative safeguards don’t mean motivations behind deciding the qualification of your record for expungement. Furthermore, if ten years have gone from the date of your conviction or the fruition of all terms of your sentence, whichever is later, at that point the quantity of feelings in the above rundown might be expanded by one. Furthermore, your conviction record won’t fit the bill for expungement in the event that you give false or deluding data on your expungement administrative work or there is a criminal body of evidence pending against you. On the off chance that your record is qualified for expungement, you should fulfill the accompanying holding up periods before applying to expunge your record. These hold up times keep running from the date you were indicted or discharged from probation, jail, or parole, whichever is later.

• Misdemeanors under the Utah Traffic Code: 10 years
• Lawful offenses under the Utah Controlled Substance Act: 10 years
• Different lawful offenses: 7 years
• Class A misdemeanors: 5 years
• Class B misdemeanors: 4 years
• Different misdemeanors or infractions: 3 years

Before applying to expunge your criminal record, you should acquire a Certificate of Eligibility from the Utah Bureau of Criminal Identification. You should then record your request for expungement in the court that heard your case or, if there was no body of evidence against you, in the area court of the region where you were captured.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
Ascent Law LLC

4.9 stars – based on 67 reviews

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Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
Ascent Law LLC

4.9 stars – based on 67 reviews

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Salt Lake City DUI

Salt Lake City DWI

A DUI is an acronym for Driving Under the Influence. This is generally assessed by using a breathalyzer test to find the blood alcohol content/blood alcohol concentration or BAC. The federal limit is 0.08 percent, but some states have stricter limits. For underage drivers, limits are typically set at 0.02 percent. However, many states have adopted zero-tolerance policies for underage drivers. Additionally, limits may also be lower for drivers operating a commercial vehicle. In some cases, a driver can receive a DUI without taking a breathalyzer test or even if a driver’s BAC is below the legal limit. In these cases, the charge is usually based on a field sobriety test or if the arresting officer witnessed weaving and other erratic driving. However, many states can also issue a DWI, which stands for Driving While Impaired. Typically, the purpose of using a DWI is to charge people who are impaired by substances other than alcohol. These substances can be both legal (like prescription or over-the-counter drugs) and illegal. Also, note that some states define DWI as Driving While Intoxicated; these charges are treated the same as a DUI. Typically, a DWI is more severe than a DUI, as it signals higher levels of intoxication. As such, a DWI will have harsher penalties. In some cases, a first-time offender may get a DWI downgraded to a DUI.

Utah Drunk Driving Laws, Penalties, and Consequences

Utah officially uses the term “driving under the influence” (DUI) instead of “driving while intoxicated” (DWI). However, some people still use DWI and DUI interchangeably to refer to drunk or drugged driving. Utah’s DWI laws prohibit all motorists from operating a motor vehicle:
• with a blood alcohol concentration (BAC) of .05% or more, or
• while under the influence of drugs or alcohol.
A driver is considered “under the influence” if incapable of safely operating a vehicle as the result of ingesting alcohol, drug or any other substance. Utah has a “not-a-drop” law that makes it illegal for motorists who are under the age of 21 years to drive with any detectable amount of alcohol in their system. Any charge of operating under the influence (DUI) is not limited to the use of alcohol. An individual, who is operating a motor vehicle under the influence of other drugs, including over-the-counter drugs, prescription drugs, and even illicit drugs, can be charged with this offense. If an individual is arrested for a DUI-type offense, the arresting officers have the responsibility to remove the individual from the situation and get them off the road. Typically, this means taking them into the police station, booking them, and then putting them in jail until they post bond. In many jurisdictions, individuals must also demonstrate a significant drop in their BAC in order for them to be released on their own recognizance after being arrested for a DUI or related offense. The actual amount of time an individual spends in jail is dependent on the situation, jurisdiction, etc.

How Long Does a DUI Stay on Your Record?

Once an individual is convicted of a DUI offense, there is a record of it somewhere. In many cases, individuals are required to report these offenses on job applications and for other purposes, such as when applying to the military, applying to certain colleges, etc. Insurance companies often investigate an individual’s driving record for as far back as 5-7 years, and when offenses are uncovered by insurance companies, they will tend to charge higher premiums for services or will not cover the individual. Individuals subject to background checks for employment or other purposes often experience a DUI resulting in complications for certain types of employment. Even though it may not appear in some types of background checks or searches years after an individual has committed the offense, there is always a record of it somewhere. Individuals who have multiple DUI convictions, who have seriously injured or killed someone while driving under the influence of alcohol, or who committed significant property damage while under the influence may have these convictions follow them around for the rest of their lives.

Utah Blood Alcohol Concentration (BAC) Limits and Per Se DUIs

A drunk driving offense based on BAC (rather than the driver’s level of impairment) is called a “per se” DUI. The amount of alcohol a person must drink to exceed the legal limit depends on a variety of factors such as gender, body size, and number and strength of drinks. Take a look at our BAC table to get an idea of what your BAC might be at after a certain number of drinks. But remember the values are just estimates. Lots of factors that can affect BAC aren’t accounted for. It’s always best not to drive if you’ve been drinking.

DUI Arrest and Consequences Lawyer

No matter what the offense is called in your jurisdiction, if you are arrested for impaired driving, you will be facing serious consequences. If you are convicted or plead guilty, you will probably lose your driver’s license and pay fines and court fees. For a second offense, you may spend some time in jail. It is also likely that you will be placed on probation and be required to perform community service. To get your driver’s license back, you will probably have to attend defensive driving classes. In most states, you will probably undergo an evaluation of your drinking or substance use patterns as well. Based on the results of that evaluation, you may have to take part in a drug or alcohol treatment program. That program could range from attending a few support group meetings like Alcoholics Anonymous to entering a residential treatment facility.

After a DUI Conviction Attorney

When you get your driver’s license back, you will likely need SR-22 insurance. This could double or triple your premiums, depending on the laws in your state. On average, you can expect to pay higher premiums for three years. Depending on the state in which you reside, you may also be required to have an ignition interlock device installed on your vehicle, which makes it so you can’t start your car unless you blow into the device and it determines you have not been drinking alcohol. This requires that you pay for the device, its installation, and a monthly monitoring fee. If you get a DUI in Utah, you will have to appear before the Driver License Division. The DLD will grant you a hearing in which you can state your case within the first 10 days of having received your request. If you do not appear before the court within this time frame you will automatically lose your driving privileges for a period of no less than 90 days and up to several years.

Lawyer Pleading to Impaired Driving in Utah

After a DUI arrest in Utah, you may be able to enter a plea to the reduced charge of impaired driving, but only under the circumstances described here. In Utah, impaired driving is a class B misdemeanor punishable by up to six months in jail and a fine of up to $1000.00. If you are charged with driving under the influence (DUI) in Utah, you may be allowed to enter a plea to a reduced charge of impaired driving, but only under certain circumstances.
Advantages of an Impaired Driving Plea
If your license has not already been suspended by Utah’s Driver License Division, it will not get suspended. If your license has been suspended, the Driver License Division will reinstate your driver license before the 120 day suspension is over, but no sooner than 90 days after the date of arrest. And, unlike a DUI, there is no mandatory jail or fine with an impaired driving plea.

When Does A DUI Become A Felony Charge In Utah?

There are a couple of different ways a DUI can become a felony in the state of Utah. However, the most common way is when a driver has two prior DUI offenses and then gets a third offense within ten years. That third offense will be considered a felony. Another way is if a driver is involved in an accident and caused serious bodily injury to someone else, while driving under the influence. Then that serious bodily injury will bump the normally class B misdemeanor up to a third degree felony. A third way a DUI can becomes a felony in Utah is often overlooked and that is if someone already has a prior felony DUI. For example, there was a gentleman who had a felony DUI from when he was in his twenties. He was nearly 40 before he got another DUI and he could not understand why this one, his most recent, was charged as a felony DUI when his first had been over the ten years. That means once you get a felony DUI, every DUI after that is going to be a felony as well. Those are the main ways that we see felony DUI charges here in Utah. Many people don’t realize or remember they had these previous charges.
DUI convictions from other states can be used to enhance a current DUI for sentencing purposes if it’s within the ten year period in Utah. Basically it says, “Statutes or ordinances in effect in other states which would constitute a violation under our law.” That’s pretty broad language to say out of state DUI charges and convictions, impaired driving convictions and driving with a measurable amount of controlled substance convictions can be used in Utah to enhance the current DUI. The prosecutors do have to go to some effort to find the prior conviction because they have to show a court record. What they would have to do is contact that court in the other state and wait for a response. In most cases, the other court will send them the information. However, it does happen where they do not respond at all or can’t find the file. When dealing with prior out of state DUI conviction, the prosecutor to get him the actual proof of conviction, which can sometimes be hard to find. Often the prosecutors will show a driving record that shows a prior conviction. However, when asked specifics on where, what and when, they don’t always know.

Penalties For A First-Offense Dui In Utah

When a person is convicted of a crime, the sentencing judge will impose certain penalties. If the same person is later convicted for a second or third time, the penalties are likely to be much more severe. This is true of all criminal offenses, including DUI (driving under the influence), which is also called drunk driving or intoxicated driving. In Utah and every other state, the BAC (blood alcohol content) threshold for DUI charges is 0.05%. If a driver’s BAC is 0.08% or above, he or she can be charged with DUI. Keep in mind that for certain motorists, like commercial drivers and people under the legal drinking age, the BAC limit is lower. DUI can also be charged for driving under the influence of drugs, but in those situations, since BAC is irrelevant, charges are based on the signs of drug impairment, which officers known as D.R.E.s, or “Drug Recognition Experts,” are trained to detect. If the DUI involves narcotics, the driver can also be charged with drug crimes like possession of controlled substances. Under Utah Code § 41-6a-503, a first-offense DUI may be charged as a Class B misdemeanor, or a Class A misdemeanor, which is more serious. It depends on whether the DUI causes injury, and the age of any passengers who were in the vehicle. The penalties for a Class B misdemeanor normally include a fine of up to $1,000 and up to six months in jail, while the penalties for a Class A misdemeanor normally include a fine of up to $2,500 and up to one year in jail. However, the DUI sentencing matrix, which judges refer to when imposing DUI sentences, provides different penalties.
The judge will order:
• 48 hours in jail
• Various fines and fees amounting to $1,370
• A 120-day suspension of your driver’s license
• A screening, which may result in mandatory education and/or treatment
The judge may order:
• Supervised probation
• Installation of an ignition interlock device, which will prevent your car from starting if alcohol is detected on your breath
• Up to two years of additional driver’s license suspension
How Intoxicated Driving Penalties Increase for Second and Third Offenses
Utah Code § 41-6a-503 lumps first and second DUI offenses together, describing “A person who [commits DUI] for the first or second time…” before classifying the charges. This may lead one to believe that a person convicted of DUI for a second time will receive the same penalties as he or she would for a first offense. However, a look at the Utah DUI sentencing matrix tells a different story.
For a second-offense DUI (within 10 years of the first offense), the judge will order:
• 240 hours (10 days) in jail
• Various fines and fees amounting to $1,560
• A two-year suspension of your driver’s license
• A screening, which may result in mandatory education and/or treatment
• Supervised probation
Additionally, the judge may order:
• Ignition interlock
• Up to two years of additional driver’s license suspension
If you are charged with DUI on a third occasion, you can expect the penalties to increase even more. A third-offense DUI is no longer a misdemeanor – it is a third degree felony, which is much more serious. If you are convicted of DUI in Utah for a third time, or felony DUI, the judge will order:
• Up to five years in prison, or about 63 days in jail
• Various fines and fees amounting to $2,890 (unless the defendant is sentenced to prison)
• A two-year suspension of your driver’s license
• Screening, assessment, and treatment for at least 240 hours (unless the defendant is sentenced to prison)
• Supervised probation (unless the defendant is sentenced to prison)
Additionally, the judge may order:
• Ignition interlock
• Electronic home confinement (“house arrest”)
• Up to two years of additional driver’s license suspension

DUI Lawyer

When you need help to defend against a Salt Lake City Utah DUI charge, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Criminal Defense Attorney West Valley City Utah

Criminal Defense Attorney West Valley City Utah

If you have been charged with a crime, whether a misdemeanor or a felony, it is very important that you work with a criminal defense attorney in West Valley City Utah throughout the entire process. Whether or not you think that the situation is serious, there may be a lot more at risk than is immediately apparent, and you could find yourself looking back on this case year from now wishing that you had taken some different steps.

When hiring a defense lawyer, it is important to find the right one to handle your specific case. However, many wonder what a defense lawyer generally does for their clients. First of all, before choosing a lawyer, it is important to make sure they are licensed to practice law in that specific state. Most lawyers specialize in a certain area of law and it is best to choose one that specializes in the practice area in which you require defense. When an attorney has specialized in a specific area of law for the majority of their time in practice, this typically signifies that they have a lot of experience relating to that subject. Their job is to represent their clients in court proceedings and they are supposed to do what they possibly can to get their clients the best outcome. It may not always work in their client’s favor, but attorneys are bound by a code of ethics under licensing laws and must provide their clients with fair and honest representation that works in the best interest of their clients.

Advantages and Disadvantages of Accepting a Plea Bargain

The prosecutor and the judge may prefer to dispose of cases through a plea bargain because doing so helps to manage caseloads and reduce the number of cases that require a full trial. This helps to decrease the expense that the state will pay for this portion of the criminal justice system. Criminal defendants may gain certain advantages by accepting a plea bargain. However, they must also be aware of the disadvantages.

Advantages

• Lighter Sentence: Many criminal defendants accept a plea bargain agreement because the prosecutor offers a lighter sentence for a crime. This may result in significantly less time behind bars in the event that the individual was convicted of the crime after a full trial.

• Reduced Charge: A criminal defendant may receive a reduced charge in exchange for accepting the plea deal. In some cases, this may result in the defendant pleading guilty to a misdemeanor instead of a felony. In other cases, the defendant may plead to a crime of a different class or degree. This reduced charge may result in different consequences. For example, a person may be eligible for certain jobs or to have their criminal record expunged under certain convictions than others.

• Cost Savings: Criminal defendants who hire a private attorney will likely have to pay much more to have an attorney represent them through the entire trial. Accepting a plea agreement can help a criminal defendant dispose of the case more quickly to avoid the time and expense of a trial.

• The Case Is Over: After you accept a plea agreement and appear before the court to plead, your case is virtually over. If you have been in jail because you were unable to bond out, you may be released if you have no jail time to serve or have a suspended sentence. It also helps remove the uncertainty of going to trial and not knowing what the outcome will be. This allows you to deal with the consequences now, rather than worry about them while your case is still pending.

Disadvantages

Before accepting a plea agreement, a criminal defendant should discuss the disadvantages of this decision with a criminal defense lawyer. Here are a few such potential disadvantages:

• Avoiding Problems with Prosecution’s Case: Sometimes when a prosecutor offers a plea agreement, it is because he or she realizes that there are certain problems with the state’s case. For example, there may not be credible witnesses, forensic evidence may not be convincing or the defendant may appear sympathetic. By accepting a plea agreement, you may be accepting a conviction that the prosecution may not have been able to otherwise acquire based on its own case.

• No “Not Guilty” Result: When a criminal defendant hears “not guilty,” he or she may feel a sense of vindication. In most cases, when a criminal defendant accepts a plea agreement, he or she agrees to plead guilty of a crime. In some cases the individual makes this decision because he or she was actually guilty of the crime, but in other cases, the individual makes the decision because he or she fears being found guilty and the likely consequences of that conviction. Once an individual pleads guilty, he or she cannot later go back and tell employers or others that he or she didn’t commit the crime because the conviction says otherwise.

• Possibility of Coercion: Even if a criminal defendant has legal representation, he or she may feel tremendous pressure to accept a plea agreement. The prosecution may emphasize the maximum punishment possible. In such a manner, the prosecution may make innocent individuals accept a plea bargain.

• Non-Binding on Court: Even if you reach an agreement with the prosecutor, the court is not bound to accept this agreement. The court must approve any such agreement. It will ask you whether you understand the terms of the agreement, the charges, and your waiver of certain rights and the consequences of a plea agreement.

Alibi Defense in West Valley City, Utah

An alibi defense is a defense based on information that a defendant was not at the scene of the crime when the crime occurred, that he was somewhere else and could not be the person who committed the crime. The defense can have witnesses testify and present evidence at trial to support an alibi defense. If an alibi defense is based on witness testimony, the credibility of the witness can strengthen or weaken the defense dramatically. The jury or the judge deciding whether the defendant is guilty needs to believe and trust the witness who is testifying that the defendant was not at the scene of the crime.

The defendant’s friends and family members can testify about an alibi but the jury or judge may wonder if these people would lie for the defendant or not want to believe that he could be a criminal. If Bill (the accused drug dealer) was home with his girlfriend, visiting his mother, or out drinking with his friends, these witnesses can testify but there always is a concern that the jury might question their credibility because they are friends or family. This could weaken the alibi defense although it does not mean the defense should abandon it. A witness who does not know or is not close to the defendant can strengthen an alibi defense. If the waitress at the restaurant had never met Sally before that night, the jury probably will see her as having no reason to lie for Sally and rely on her testimony more comfortably.

Testimony from more than one person about a defendant’s alibi also can strengthen an alibi defense. If three co-workers who have known Bill for different lengths of time can testify that he was at the construction site, the defense is stronger than one based on testimony from only one co-worker.

Video footage, photos, swipe card records, and phone or GPS records can be the strongest alibi evidence, because this evidence usually does not depend on a witness being reliable or believable. We tend to think that this type of evidence is more objective – that, for instance, “the camera doesn’t lie.” However, having this evidence does not automatically mean the prosecutor will dismiss the charges or the defendant will be found not guilty at trial. The prosecutor may question the accuracy of records or the date stamp on a video and try to present evidence or argue that the alibi is not airtight.

The fact that a defendant presents an alibi defense does not change the requirement that the prosecutor prove guilt beyond a reasonable doubt. The defense also does not have to provide the alibi beyond a reasonable doubt. If the jury or judge does not believe the alibi defense, the prosecution still must prove all elements of the crime beyond a reasonable doubt. In addition to proving that the defendant was at the scene of the crime, the evidence in the case must prove all other elements of the crime beyond a reasonable doubt that the defendant actually committed a criminal act. If the jury is not convinced of Bill’s alibi, the jury cannot and is not required to stop there and convict Bill. The jury still must consider whether the prosecution has proved that Bill had illegal drugs in his possession and that he exchanged the drugs with the minors for money.

How to Raise an Alibi Defense

Most states require that a defendant inform the prosecution before trial of an alibi defense within a certain time period. If the defense ignores this requirement, the defendant may not be allowed to present the defense at trial. In any criminal trial proceeding, the defense must provide the prosecution with a list of witnesses who may testify at trial and a list of or copies of physical evidence the defense may present. The prosecution is entitled to interview the defense witnesses before trial and inspect the physical evidence if a copy cannot be provided. If the defendant has an alibi, he usually must give the prosecutor separate, additional notice of the defense, explaining where he was at the time of the crime and what witnesses or evidence he will present to support the alibi. If you are charged with a crime and believe you have an alibi, contact an attorney in West Valley City, Utah immediately. An attorney can investigate this potential defense and help you comply with any procedural requirements or deadlines for alibis in the court where you case was filed.

Advantages and Disadvantages of Pro Se Representation in a Criminal Matter

After being charged with a crime, a defendant will have several court proceedings they need to participate in to resolve the matter. The first thing a defendant should determine is their court representation strategy. Will they hire a private attorney, ask for a public defender, or represent themselves? If a criminal defendant chooses to represent themselves in court, this is referred to a pro se representation. Instead of relying on a lawyer for representation and legal advice, a pro se defendant researches and argues their own case in front of the judge and the jury.

However, most lawyers and judges would agree that pro se representation is not always the best decision for a defendant facing criminal charges. This is because most people lack the skill and experience to put up the best defense. Many times when a defendant has self-representation, they will be convicted when a lawyer could help them get a not guilty verdict or a better deal. On the other hand, the right to pro se representation is guaranteed by the West Valley Constitution. So, if the defendant chooses to represent themselves in a criminal trial, the court must honor that decision.

If a defendant chooses to represent themselves, they will need to take the following steps:

• Tell the court that they wish to proceed with pro se representation;

• Establish competency to stand trial (criminal defendants that lack competency cannot represent themselves pro se);

• File the appropriate court paperwork; and

• Meet all court deadlines and case requirements.

Keep in mind that these requirements may vary between states and particular courts. Additionally, some judges may allow or require a pro se defendant to work with a “standby attorney”. This provides a pro se defendant with a lawyer who is there to help if they need one to step in during a proceeding to help with procedure or arguments. Many judges prefer this type of representation because it allows a defendant to assert their right to be pro se while still having traditional representation available if things get out of hand.

Advantages of Pro Se Representation

While the disadvantages to pro se representation carry more weight in most instances, there may be some advantages depending on the defendant’s situation. These may include:

• Familiarity: The majority of criminal defendants who choose to go pro se base their decision on a lack of trust in the judicial system. The defendants may believe that they know their cases best and are therefore in the best position to provide the greatest defense;

• Lower costs: Another common reason a defendant might choose pro se representation is the cost involved in hiring an attorney. If the defendant does not want the pro bono attorney, they will have to spare significant expense to hire a private attorney. However, even though pro se representation saves money it also provides a lesser chance of winning the case in most instances;

• Strategy Decisions: Having pro se representation means that the defendant solely calls the shots in their defense. This eliminates strategy disagreements between an attorney and client and the defendant feeling pressured to proceed with their case in a certain way. However, pro se defendants will still need to learn and follow the court’s rules; and

• Legal Experience: If the defendant is an attorney or has work experience in a legal setting, they may already be familiar with the judicial system and equipped with the tools needed to effectively argue their case.

Disadvantages of Pro Se Representation

Overall, pro se defendants have a lesser chance of winning their case than if they were represented by an attorney. Before making a representation decision, criminal defendants should consider the following disadvantages of proceeding in a pro se fashion:

• Lack of Training and Knowledge: Perhaps the greatest disadvantage of pro se representation is that most defendants are not adequately trained in the law to represent themselves. Most criminal defendants have not gone to law school or received any legal training. As such, they will lack the knowledge of how to argue a case and be unfamiliar with common criminal procedure requirements that courts impose;

• Inferior Argument Skills: Although a defendant might have some knowledge of the law, knowledge alone is not enough to win a case and persuade the judge or jury that they are not guilty. Again, the average person will usually find it difficult to argue if they lack training in communication and argumentation skills. Language barriers can further complicate these situations;

• Bias: Pro se defendants will generally have inherent bias because they cannot look at the case from the other party’s position. On the other hand, lawyers are trained to think this way in order to determine the best case strategy and arguments. Even defendants who are attorneys or have legal experience may have trouble getting rid of their bias when they are representing themselves; and

• Delays: Since many pro se defendants are unfamiliar with court/case rules and procedures, this may cause delays with case resolution. It can also result in sanctions against the defendant.

Criminal Defense Lawyers

Attorneys that specialize in criminal defense are often self-employed or work for private firms, but can also work for organizations and government agencies. Once a lawyer is hired and retained, they will gather all pertinent details regarding your case and will work on building a strong defense strategy. Their defense strategy should challenge every aspect of the prosecution’s case in order to do what they can to get their client the best final outcome possible under the circumstances, which obviously vary from case to case. There are many different types of cases that criminal defense lawyers can take on such as assault charges, theft and fraud charges, white collar crimes defense, and DUIs.

Civil Litigation Defense Lawyers

Civil defense lawyers often work on cases where they defend people listed in a lawsuit. In these types of cases, their clients are being taken to court and sued for a sum of money. The lawyer’s job is in these types of cases is to try and prove that their clients were not liable for the claimed damages. This area of defense covers many different types of cases. For example, divorce law, personal injury law, and mass torts.

Public Defense Lawyers

Lawyers working as public defenders usually work for government agencies and can be specifically appointed to one office like for a county defender’s office. They are retained by these agencies to provide those who cannot afford legal counsel, the right to legal counsel and defense.

Juvenile Defense Lawyers

Juvenile defense lawyers defend people aged between 10 and 17 since they cannot be tried as adults, even if the crimes committed are the same as adult crimes. Sentences and penalties are much different for juveniles and this area of defense law is quite unique because in most cases, defense lawyers who specialize in this area of law are tasked with trying to find rehabilitative solutions for their young clients and hopefully help them avoid incarceration. Defending yourself against a criminal charge is no easy matter. You must understand the elements of the crime that you have been charged with and see what defenses you may have against the various elements. You do not need to defend against all of the elements, as it only takes a reasonable doubt by the jury for one of them. Every case is different, but here are a few of the most common defenses to a criminal charge.

How Much Does It Cost to Hire a Criminal Defense Attorney?

As noted above, the costs of criminal defense lawyers vary, as no criminal case is identical to another. There are several factors that can affect the overall costs of a criminal case, including:

• Defendant’s Income: Your income determines whether you are eligible for a court-appointed attorney, or whether you need to hire your own attorney. Each jurisdiction may have different qualifications to determine if someone can afford to hire their own attorney. If an individual qualifies based on their income, then the court will appoint a public defender paid for by the government, as guaranteed by the Constitution;

• Investigation and Experts: As mentioned above, many criminal cases have complex issues that can require investigators and/or expert witnesses. For example, a defense attorney might hire an expert in chemical testing to contest or explain the results of a BAC analysis in a DUI trial, or a psychologist if the defendant wants to claim the defense of legal insanity. Investigators and experts require on average a retainer of $2,000 and can charge over $300/hr. Thus, based on the particular circumstances of your criminal charges, there may be extra fees needed to form a stronger defense; or

• Attorney’s Fees: As mentioned above, criminal defense attorneys do not all cost a fixed amount of money. Attorney’s fees will vary according to several factors. Some of the more important factors affecting an attorney’s rate include: The skill of the attorney; the experience of the attorney; the seriousness of the offense; the complexity of the legal issues in the case; the amount of time spent by the attorney in the criminal discovery process; The delegation of tasks to law clerks or paralegals; Whether the case goes to trial; and Whether the attorney charges a flat fee or by the hour.

Call Ascent Law Now

If you have been charged with a criminal offense, it’s a great idea to hire West Valley City Utah criminal defense lawyers. These lawyers have enough skills and experience in dealing with criminal cases. This helps them enhance their reputation because they work to satisfy your expectations.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506


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West Valley City, Utah

 

From Wikipedia, the free encyclopedia
(Redirected from West Valley City)
 
West Valley City, Utah
City of West Valley City
The Maverik Center in West Valley City, home of the Utah Grizzlies ice hockey team.

The Maverik Center in West Valley City, home of the Utah Grizzlies ice hockey team.
Official seal of West Valley City, Utah

Motto: 

“Progress as promised.”[1]
Location within Salt Lake County

Location within Salt Lake County
West Valley City is located in Utah

West Valley City
West Valley City
Location within Utah

Coordinates: 40°41′21″N 111°59′38″WCoordinates40°41′21″N 111°59′38″W
Country  United States
State  Utah
County Salt Lake
Settled 1847
Incorporated 1980
Government

 
 • Mayor Karen Lang [2]
Area

 • Total 35.88 sq mi (92.92 km2)
 • Land 35.83 sq mi (92.79 km2)
 • Water 0.05 sq mi (0.14 km2)
Elevation

 
4,304 ft (1,312 m)
Population

 • Total 140,230
 • Density 3,913.76/sq mi (1,511.11/km2)
Time zone UTC−7 (Mountain (MST))
 • Summer (DST) UTC−6 (MDT)
Area code(s) 385, 801
FIPS code 49-83470[5]
GNIS feature ID 1437843[6]
Website www.wvc-ut.gov

West Valley City is a city in Salt Lake County and a suburb of Salt Lake City in the U.S. state of Utah. The population was 140,230 at the 2020 census,[4] making it the second-largest city in Utah. The city incorporated in 1980 from a large, quickly growing unincorporated area, combining the four communities of Granger, Hunter, Chesterfield, and Redwood. It is home to the Maverik Center and USANA Amphitheatre.

West Valley City, Utah

About West Valley City, Utah

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Reviews for Ascent Law LLC West Valley City, Utah

Ascent Law LLC Reviews

John Logan

starstarstarstarstar (5)

We've gotten divorce and child custody work from Ascent Law since the beginning because of my ex. We love this divorce firm! Staff is gentle, friendly and skilled. Tanya knows her stuff. Nicole is good and Ryan is fun. Really, all the staff here are careful, kind and flexible. They always answer all my questions, explain what they're doing and provide great legal services. I personally think they are the best for divorce in Utah.

Ascent Law LLC Reviews

Jacqueline Hunting

starstarstarstarstar (5)

I have had an excellent experience with Ascent Law, Michael Reed is an absolutely incredible attorney. He is 100% honest and straight forward through the entire legal process of things, he also has a wonderful approach to helping better understand certain agreements, rights, and legal standing of matters, to where it was easy to know whats going on the entire process. I appreciate the competency, genuine effort put forth, and assistance I received from Ascent and attorney Michael Reed, and I will be calling these guys if ever I have the need again for their legal assistance! 5star review Wonderful attorneys!

Ascent Law LLC Reviews

Anthony Ziegler

starstarstarstarstar (5)

This review is well deserved for Ryan and Josh. New clients should know they are worth the 5 star rating we give them. We needed 2 sessions from them because of the complexity of the matter, but they are both very passionate about his helping others in need.  My sister needed bankruptcy and I needed divorce.  Sometimes they go hand in hand but a large shout out to this team - also Nicole is one of the sweetest people you ever did meet - she offered me warm cookies!

Ascent Law LLC Reviews

Thomas Parkin

starstarstarstarstar (5)

Mike Anderson and his colleagues & staff are knowledgeable, attentive and caring. In a difficult and complex case that eventually went to trial, Mike was the voice of reason and the confidence I needed. His courtroom abilities are amazing and I felt his defense of me was incredible. His quick thinking and expertise allowed for a positive result when I felt the World was crumbling. His compassion, after the case, has helped me return to a good life. I trust Mike and his staff. They are friendly and very good at what they do.

Ascent Law LLC Reviews

Yeran Merry

starstarstarstarstar (5)

I worked with Attorney Alex and Paralegal Ami in my divorce case. I got to know the team very well over the course of two years. I cannot think of a better team to have worked with. Ami and Alex are not only exceptional law professions who are very knowledgeable and thorough, they are also the best human beings who empathize with the emotions I was experiencing. Alex was conscious of my budget and worked efficiently to try to reduce unnecessary legal expenses. My case also involved some dealings with a foreign country that Alex and his team had previously dealt with.  They did an amazing job addressing cultural barriers in a very respectful manner and did not fall short in quality of work or in standards when dealing with some of these new challenges. Ami deserves a medal for being extremely professional, calming, and compassionate when it is needed most.  When you need family law attorneys, call this firm. I now feel I can move forward with grace and dignity.

Marijuana Conviction Expungement

Marijuana Conviction Expungement

A marijuana possession charge in Utah can be filed as a misdemeanor or as a felony charge, depending on a variety of circumstances. Any Utah marijuana possession charge carries the possibility of jail time and substantial fines. If you are facing prosecution for marijuana or other drug-related charges, an experienced drug crimes and criminal defense attorney can make all the difference.

Second-Degree Felony Marijuana Charges

At the second-degree felony level, a marijuana conviction in Utah carries the possibility of up to 15 years in prison and a $19,000 fine (including surcharge). Marijuana possession can be filed as a second degree felony under the following circumstances: possession with the intent to distribute within a drug-free zone; actual distribution of marijuana within a drug-free zone; or possession of more than 100 pounds of marijuana (regardless of intent).

Third-Degree Felony Marijuana Possession

A third-degree felony marijuana charge in Utah is punishable by up to five years in prison and a fine (including surcharge) of up to $9,500. Marijuana possession is classified as a third-degree felony under the following circumstances: possession of more than 16 ounces but less than 100 pounds of marijuana; possession of marijuana with the intent to distribute (with no drug-free zone enhancement); or growing or cultivating marijuana (regardless of the amount).

Class A Misdemeanor Marijuana Charges

A class A misdemeanor marijuana charge is punishable by up to one year in jail and fines up to $4,750 (including surcharge). Marijuana possession can be filed at the class A misdemeanor level if: the amount of marijuana possessed is at least one ounce but less than 16 ounces; or possession of less than one ounce of marijuana in a drug-free zone.

Class B Misdemeanor Marijuana Possession

Class B misdemeanor charges in Utah are punishable by up to 180 days in jail and up to $1,900 in fines (including surcharge). A basic charge of marijuana (less than one ounce) begins as a class B misdemeanor.

Defenses to Marijuana Charges in Utah

An effective defense to marijuana possession or distribution charges in Utah can involve important Constitutional rights under the Fourth Amendment or Fifth Amendment. Motions may be needed seeking the suppression of evidence. Factual defenses may include constructive possession defense issues. The knowledge and intent of the defendant can serve as potential sources of a factual defense to criminal marijuana charges. A thorough understanding of procedural rules, relevant statutory provisions, and related case law can be critical to mounting a successful defense. An understanding of how substance abuse treatment and mitigation can influence the outcome of the case and lead to a successful negotiated resolution may also be critical. Possession of marijuana is a criminal offense in Utah. The amount of marijuana you have in your possession will determine the crime and penalties that you will receive for a possession offense. Marijuana possession can earn you serious penalties if you are caught with a large amount of marijuana. If you or a family member was arrested for marijuana possession, you should consult with an experienced Utah drug possession lawyer.

Utah Marijuana Possession Laws

The requirements to charge an individual with marijuana possession and other drug crimes are listed under Utah’s Controlled Substances Act. A combination of state and federal laws makes it illegal to not only possess a certain amount of marijuana but also to possess any drug paraphernalia needed to use marijuana. Marijuana possession, sometimes referred to as simple possession, is an offense that arises out of possession of marijuana for personal use. This contrast with an offense for possession with intent to distribute (PWID), a crime that focuses on the offender manufacturing and distributing drugs. The possession of marijuana is also referred to by terms like “actual possession” and “constructive possession,” depending on how law enforcement located the drugs. If an offender actually possessed marijuana when they were arrested, it means that they had it on their person or in an item that they were carrying. If an offender constructively possessed marijuana, it implies that they had knowledge of and control over the drugs found by law enforcement. For example, if you hid drugs in the trunk of your car or in a safe in your home, you will likely be charged with possession if law enforcement finds it, even if you did not have the drugs on your person.

Penalties for First Offense Marijuana Possession

To reiterate, the penalties for marijuana possession are directly correlated to the amount of marijuana that you are discovered with. If the weight of the drugs in your possession is over a certain limit, you risk being charged with a felony instead of a misdemeanor, even if this was the first time you were arrested for possession. If you are found with less than 100 pounds of marijuana, you will likely receive a class B misdemeanor charge. The penalties for a class B misdemeanor are a maximum of six months in jail and up to $1,000 in criminal fines. If you receive a class B misdemeanor conviction for marijuana possession, you may be given the option to perform compensatory service instead of paying a fine. The hours you will have to work typically depend on the amount of your criminal fine. If you were granted the option of compensatory service, you could volunteer with:
• A charity
• Utah state or local government agencies
• A business or organization approved by a Utah court
If you are arrested with over 100 pounds of marijuana in your possession, you can be charged with a second degree felony. In Utah, second degree felonies carry a maximum penalty of 15 years in prison and $10,000 in fines. Additionally, there are other factors that could make a possession charge even more severe. For example, if you are arrested with drugs in a school zone, the penalties for possession may be increased, or you may even be charged with an additional crime. However, it is important to note that if you are a nonviolent, juvenile or first time offender, you may be eligible for drug rehabilitation programs instead of being incarcerated.

Types Of Marijuana Offenses

Marijuana is considered a Schedule I controlled substance in Utah. The amount of marijuana and crime associated with it will determine the severity of the marijuana charge and its resulting penalties. Under Utah marijuana possession laws, the following are punishable offenses, listed in order of severity.
• Possession of paraphernalia
• Possession with intent to deliver
• Distribution, sale or delivery of marijuana or paraphernalia
• Cultivation – growing and/or harvesting cannabis seeds
• Trafficking – importing into or exporting out of the state
Marijuana Possession Conviction Penalties
The potential punishment is directly dependent on to the amount of marijuana in your possession at the time of arrest. The amount in your possession also determines the classification of the charge as a misdemeanor or a felony. In addition, the number of offenses also affects the severity of the charge. The various levels of marijuana possession penalties in Utah are listed below:
• One ounce or less – class B misdemeanor
• Up to six months of jail time
• Up to $1,940 in fines and an assessment
• Possession in a drug-free zone such as a school, church or park can result in charge being upgraded to a class A misdemeanor
Between one ounce and one pound – class A misdemeanor
• Up to 12 months jail time
• Up to $4,790 in fines and an assessment
Between one and 100 pounds – third-degree felony
• Up to five years in Utah State Prison
• Up to $9,540 in fines
• Over 100 pounds – second-degree felony
• Up to 15 years in Utah State Prison
• Up to $19,040 in fines and an assessment

Utah Marijuana Distribution Penalties

Other transactions involving marijuana, such as sale and distribution, hold a greater punishment than possession alone. For a first time conviction, distribution of any amount is a third-degree felony. Penalties included with the charge are $5,000 in fines and a sentence up to five years in Utah State Prison. Distribution in a drug-free zone or in the presence of a minor, as well as subsequent conviction will increase the felony classification and penalties. At the minimum, a mandatory five-year prison sentence will be served with any first-degree felony conviction.

Permitted Prescribers of Medical Marijuana in Utah

Only those medical providers registered with the Utah Department of Health to recommend Medical Cannabis can issue recommendations for Medical Cannabis. To be deemed qualified by the department, a health care provider must:
• Be licensed in Utah
• Be a medical doctor, osteopathic physician, advanced practice registered nurse, or physician assistant
• Complete appropriate continuing medical education courses
• Have authority to prescribe Schedule II drugs
• Pay a fee of $300

Process for Legally Obtaining Medical Marijuana

If the patient does not yet have a Medical Cannabis Card, she or he must follow these steps to obtain Medical Marijuana legally in Utah:
 Get a recommendation letter from a qualified medical professional.
 Take the recommendation letter to a Medical Cannabis pharmacy.
 The Medical Cannabis pharmacy must obtain independent confirmation from the medical provider or an employee of the medical provider that the letter is valid.
 Present a valid form of photo identification.
Patients must follow these steps to obtain a Medical Cannabis Card:
 The patient must be a Utah resident with at least one qualifying condition
 The patient must meet in-person with a qualified medical professional.
 The medical provider then certifies the patient’s eligibility for a Medical Cannabis Card online.
 Patient pays a $15 application fee online.
 The Utah Department of Health will approve or deny the application within 15 days.
 When approved, the patient can use the card to purchase at any of the authorized Medical Marijuana pharmacies in Utah.
 The initial card expires in 90 days unless the patient and provider renew online. Subsequent renewals will be valid for six months or a year.
Penalties for Violating Utah Marijuana Laws
Possession of any amount of marijuana is a misdemeanor at least, unless the possessor is a Medical Marijuana patient. Any sale of marijuana outside of one of the authorized Medical Marijuana dispensaries/pharmacies is a felony.

Marijuana Possession: Laws & Penalties

According to the National Institute on Drug Abuse, marijuana ranks as the most commonly used illegal drug in the United States. While some states have passed laws permitting or decriminalizing possession of small amounts of marijuana, marijuana remains an illegal controlled substance under federal law. The conflict might someday be resolved, but for now, federal and state law are at odds with each other. As a result, federal consequences are possible even when people follow state laws about marijuana use and possession.

Federal Marijuana Law

Federal drug laws classify marijuana as a Schedule I drug. A first possession offense of any measurable amount carries misdemeanor penalties of imprisonment for up to one year and a minimum $1,000 fine. The penalty increases to a felony for a second possession offense. If someone possesses marijuana in order to sell it or for other criminal reasons, the penalties become much harsher including possible mandatory prison time and forfeiture of property or money. Federal prosecutors can prosecute conduct that is legal under a state’s marijuana laws. While federal prosecution for marijuana possession when state law allows it isn’t common, the rise in the number of states authorizing certain medical and recreational marijuana use has prompted the federal government to reevaluate its enforcement policies from time to time.

Utah State Marijuana Laws

Some states follow federal law and prohibit any possession of marijuana. But a growing number of states have enacted laws that split from federal law and allow possession of small amounts of the drug.

Medical Marijuana In Utah

More than 30 states have approved medical marijuana programs. Regulations vary widely between states. To legally purchase and possess medicinal marijuana, most states require patients to register with the state or obtain a specific identification card. Some states allow patients to grow their own marijuana, while others allow access only through regulated dispensaries.

Utah Legalization Of Marijuana

A few states have legalized possession of small amounts of marijuana for personal use by adults. But, even in these states, limits exist. In “legalized” states, laws still control:
 who can use marijuana (usually adults age 21 and older)
 how much marijuana is too much to have, and
 where marijuana can be smoked (often not in public places).
And similar to alcohol, driving under the influence of (legal) marijuana remains illegal (and dangerous).

Decriminalization Of Marijuana In Utah

Instead of legalizing recreational use of marijuana, some states have decriminalized it. What’s the difference? In “decriminalized” states, the law still prohibits possession of small amounts of marijuana, but punishment is typically a civil fine or low-level criminal infraction that can’t result in jail time.

Utah Sealing Past Convictions

A number of states that have legalized or decriminalized marijuana possession allow people with past convictions to seal or expunge their old records. Depending on the state, the process can be automatic or require people to petition the court. Clearing your criminal record often helps in obtaining jobs, housing, and professional licenses.

Expungement Lawyer

When you need legal help with an expungement in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Cannabis Conviction Expungement Lawyer

Cannabis Conviction Expungement Lawyer

Expungement (also called “expunction”) is a court-ordered process in which the legal record of an arrest or a criminal conviction is sealed, or erased in the eyes of the law. When a conviction is expunged, the process may also be referred to as setting aside a criminal conviction. The availability of expungement, and the procedure for getting an arrest or conviction expunged, will vary according to several factors, including the state or county in which the arrest or conviction occurred. In some jurisdictions, it’s not possible to get an expungement. An expungement ordinarily means that an arrest or convictions sealed, or erased from a person’s criminal record for most purposes. After the expungement process is complete, an arrest or a criminal conviction ordinarily does not need to be disclosed by the person who was arrested or convicted. For example, when filling out an application for a job or apartment, an applicant whose arrest or conviction has been expunged doesn’t need to disclose that arrest or conviction. In most cases, no record of an expunged arrest or conviction will appear if a potential employer, educational institution, or other company conducts a public records inspection or background search of an individual’s criminal record. An expunged arrest or conviction is not necessarily completely erased, in the literal sense of the word. An expungement will ordinarily be an accessible part of a person’s criminal record, viewable by certain government agencies, including law enforcement and the criminal courts. This limited accessibility is sometimes referred to as a criminal record being under seal. In some legal proceedings, such as during sentencing for any crimes committed after an expungement, or in immigration/deportation proceedings, an expunged conviction that is “under seal” may still be considered as proof of a prior conviction.

Factors Determining Eligibility for Expungement

Whether you may get a criminal record expunged depends on a number of factors, including the jurisdiction; the nature of the crime or charge; the amount of time that has passed since the arrest or conviction; and your criminal history. Some states don’t allow for the expungement of criminal convictions at all. Having your criminal records sealed is similar to having them expunged, but much less “hidden.” If your records are sealed, then it means they are not available to the public; this would include private investigators, credits, and employers. However, these records still exist in the context of the criminal justice system. For example, the sealed convictions will still be considered prior offenses if you are arrested in the future.

Eligibility for Expungement

Since an expungement can offer a fresh start of sorts, one of the most important actions that people who have been arrested or convicted can take is to investigate their jurisdiction’s expungement procedures. Start by checking with your county’s criminal court, or even the law enforcement agency that handled your arrest. Specifically, ask the following questions about eligibility for expungement and the procedure that’s involved:
• Is a particular offense eligible for expungement? For example, a jurisdiction may allow expungement only for arrests and misdemeanor convictions and not allow felony convictions to be expunged.
• When is a person eligible for an expungement? For example, expungement may be available only after people have finished serving their sentences, including any term of probation. (But, if there’s a good reason, a judge may shorten a period of probation in order to allow expungement to take place earlier.)

• What does the expungement process involve? Expungement doesn’t necessarily require hiring an attorney. Many courts have forms available, with titles along the lines of “Motion for Expungement.”
• What are the consequences of expungement? Even if a conviction has been expunged, could it still show up in some circumstances? For example, police departments and some licensing boards may be able to find out about job applicants’ expunged records.

Getting a Certificate of Actual Innocence

A Certificate of Actual Innocence is perhaps the most powerful form of expungement. This certificate does more than seal a prior record; it proves that a record should never have existed at all.

Drug Crimes and Juvenile Offenses

In many jurisdictions, people who have been arrested or convicted for drug crimes and juvenile offenders may have an easier path to expungement.
• Drug offenses: Many people arrested for drug offenses are eligible for diversion programs. These programs typically provide for the expungement of records following the satisfactory completion of a program.
• Juvenile offenses: People who were arrested or convicted as juvenile offenders may have an easier time getting their criminal records expunged or sealed. Usually this is an option once the person reaches the age of 18, and they’ve otherwise stayed out of trouble with the law.
It may come as no surprise that Utah was one of the first states to outlaw marijuana. The criminalization of this substance happened clear back in 1915. Marijuana is classified as a Schedule I controlled substance in Utah. Citizens who favor legalization for either medicinal or recreational use can find themselves in a frustrating place. In many ways, the societal views of cannabis, weed, or pot use have changed and will probably continue to do so. Regardless of what our neighboring states are doing, one thing is still certain. It is illegal to carry any amount of cannabis in Utah without specific approval; if you or a loved one has been arrested for possession, the following charges depending on the amount in your possession at the time of the arrest.
• One ounce or less – class B misdemeanor
• Up to six months of jail time
• Up to $1,940 in fines and an assessment
• Possession in a drug-free zone such as a school, church, or park can result in a charge being upgraded to a class A misdemeanor
• Between one ounce and one pound – class A misdemeanor
• Up to 12 months of jail time
• Up to $4,790 in fines and an assessment
• Between one and 100 pounds – a third-degree felony
• Up to five years in Utah State Prison
• Up to $9,540 in fines
• Over 100 pounds – a second-degree felony
• Up to 15 years in Utah State Prison
• Up to $19,040 in fines and an assessment

The Implication Of Weed Charges

Most people find themselves in a position where they have less than one pound of marijuana. Relative to other drug charges, the penalties can seem relatively light. This is especially true if you are a first time offender and happened to find yourself in the wrong place at the wrong time. When you have a small amount of marijuana or paraphernalia in your possession, the central area of concern may be other areas besides fines or jail time.

Utah Marijuana Laws

For the most part, marijuana possession and sale are illegal in Utah. Lawmakers have yet to compromise on expected amendments to the medical marijuana law after its Dec. 6, 2018 enactment date. However, the law will allow those with a physician’s recommendation to purchase marijuana from a licensed dispensary (or grow their own medicine if they live more than 100 miles from the nearest dispensary). State law allows patients suffering from epileptic disorders to use cannabidiol (CBD) in limited concentrations for medical treatment (prior to the broader 2018 medical marijuana law). As far as recreational use is concerned, conviction for selling pot in the state constitutes a felony punishable by up to 15 years in prison, depending on the amount and location of the sale, and the criminal history of the seller. While state marijuana laws regulate pot within the state, marijuana possession, sale, and trafficking remain illegal under federal law by way of the Controlled Substance Act.

Utah Misdemeanor Crimes by Class and Sentences

• Misdemeanors in Utah are punishable by up to 364 days in county or local jail, and are designated as class A, B, or C.
• Misdemeanors in Utah are punishable by up to 364 days in county or local jail, and are designated as class A, B, or C. Some misdemeanors are unclassified and punished as infractions.
Felonies (more serious crimes) are punishable by incarceration in state prison.

Class A Misdemeanors

A class A misdemeanor is the most serious type of misdemeanor in Utah, punishable by up to 364 days in jail and a fine of as much as $2,500. Theft of services or property worth between $500 and $1,500 is a class A misdemeanor.

Class B Misdemeanors

Under Utah’s laws, class B misdemeanors are punishable by up to six months in jail and a fine of up to $1,000. For example, an adult who knowingly furnishes alcohol to a minor can be convicted of a class B misdemeanor in Utah.

Class C Misdemeanors

A conviction in Utah for a class C misdemeanor can result in up to 90 days in jail and a fine of up to $750. Class C misdemeanors are the least serious misdemeanor crimes under Utah’s laws. Driving on a suspended license, for instance, is typically a class C misdemeanor.

Unclassified Misdemeanors

If a statute designates an offense as a misdemeanor but fails to classify or specify a punishment for it, the crime is punishable as an infraction. Potential punishments include:
• a fine of up to $750
• compensatory service (unpaid work for a government agency, nonprofit, or other court-approved organization)
• forfeiture (government seizure of property from the convicted person)
• disqualification from public or private office, or
• any combination of those punishments.

Statutes of Limitations

A statute of limitations is a time period, set by lawmakers, during which the state must begin criminal prosecution. The statute of limitations begins to “run” when the crime is committed. Most misdemeanors in Utah have a statute of limitations of two years. The laws relating to expungement are highly variable and different jurisdictions may have different requirements that need to be met before an expungement can be granted. It’s a good idea to contact a criminal defense attorney who can advise you about the requirements to have your prior conviction expunged, taking into account local rules and the facts of your case.

Utah Marijuana Possession Laws

The requirements to charge an individual with marijuana possession and other drug crimes are listed under Utah’s Controlled Substances Act. A combination of state and federal laws makes it illegal to not only possess a certain amount of marijuana but also to possess any drug paraphernalia needed to use marijuana. Marijuana possession, sometimes referred to as simple possession, is an offense that arises out of possession of marijuana for personal use. This contrast with an offense for possession with intent to distribute (PWID), a crime that focuses on the offender manufacturing and distributing drugs. The possession of marijuana is also referred to by terms like “actual possession” and “constructive possession,” depending on how law enforcement located the drugs. If an offender actually possessed marijuana when they were arrested, it means that they had it on their person or in an item that they were carrying. If an offender constructively possessed marijuana, it implies that they had knowledge of and control over the drugs found by law enforcement. For example, if you hid drugs in the trunk of your car or in a safe in your home, you will likely be charged with possession if law enforcement finds it, even if you did not have the drugs on your person.

Penalties for First Offense Marijuana Possession

To reiterate, the penalties for marijuana possession are directly correlated to the amount of marijuana that you are discovered with. If the weight of the drugs in your possession is over a certain limit, you risk being charged with a felony instead of a misdemeanor, even if this was the first time you were arrested for possession. If you are found with less than 100 pounds of marijuana, you will likely receive a class B misdemeanor charge. The penalties for a class B misdemeanor are a maximum of six months in jail and up to $1,000 in criminal fines. If you receive a class B misdemeanor conviction for marijuana possession, you may be given the option to perform compensatory service instead of paying a fine. The hours you will have to work typically depend on the amount of your criminal fine. If you were granted the option of compensatory service, you could volunteer with:
• A charity
• Utah state or local government agencies
• A business or organization approved by a Utah court
If you are arrested with over 100 pounds of marijuana in your possession, you can be charged with a second degree felony. In Utah, second degree felonies carry a maximum penalty of 15 years in prison and $10,000 in fines. Additionally, there are other factors that could make a possession charge even more severe. For example, if you are arrested with drugs in a school zone, the penalties for possession may be increased, or you may even be charged with an additional crime. However, it is important to note that if you are a nonviolent, juvenile or first time offender, you may be eligible for drug rehabilitation programs instead of being incarcerated.

Facing Marijuana Possession Charges In Utah

Utah law states that it is illegal for a person to knowingly and intentionally possess any controlled substance unless it is through a lawful medical prescription. Marijuana is classified as a Schedule I controlled substance, and use of medical marijuana is still criminalized in Utah. Drug possession can also include what is called “constructive possession,” which usually happens when a person has an illegal substance in a car or home, and other people in the car or home know about it and do not specifically disclaim it. In these cases, a person can be charged with marijuana possession even if he or she never bought, used, or actually possessed the drug. Although classified as a Schedule I drug, marijuana is treated differently than other drugs in this category. Rather than automatically being classified as a felony, possession of marijuana may be charged as a misdemeanor if the amount is less than one pound and not intended for sale or distribution. This does not mean, however, that the potential consequences of a marijuana possession charge are not severe. Along with stiff criminal penalties, there are various collateral consequences that may result from the conviction going onto your criminal record, such as:
• Losing your job or not getting a job or promotion because of a background check
• Driver’s license suspension or revocation
• Loss of student financial aid
• Loss of reputation or community responsibilities
• Loss of hunting license and right to own a gun
• Loss of ability to volunteer at certain non-profit agencies

Expungement Lawyer

When you need an expungement, please call Ascent Law, LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

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