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Criminal Law Faqs

Criminal Law Faqs

Can I Press Charges?

The answer is no. Only the State of Utah can file charges against individuals for crimes as it represents the state and interest of its citizens. The District Attorney (D.A.) will be the one to determine whether charges should be filed and the merits of a criminal case.

Is My Case Criminal or Civil?

Criminal cases are those where your life or liberty is in jeopardy. In other words your freedom is at stake, and you risk going to jail or prison.

Can a Felon Own a Gun?

No.  A convicted felon may not possess a gun or weapon of any kind.

Am I Eligible for an Expungement?

The procedures for expunging a criminal record are set forth in Utah Code § 77-40-103.  A person who wants to expunge their criminal record must first obtain a Certificate of Eligibility from the Bureau of Criminal Identification and pay an Application fee.  Contact one of our attorneys today for a initial comprehensive review to see if you are eligible. Further Information on Expungements

How Long Does a Criminal Conviction Stay on My Record?

The answer is forever unless you can get it expunged. However, many felonies are not even eligible for expungement, including first-degree felonies, violent felonies and felony DUIs.

How Do I Find Out if I Have a Warrant?

You should contact your local clerk of court (in any relevant counties you may believe there is a warrant out for your arrest). You can also look at the website and search under your name.  You can also contact our office and we can run a check for you.

What Should I Do if I’m Accused of Child Abuse?

If you are being accused of child abuse or child molestation, it is absolutely critical that you not say anything to police or investigators. Many times a detective may call the alleged defendant and say they are simply “trying to get your side of the story.” What they are really doing is building a case against you.  If the police want to meet with you contact us, we will attend the investigation with you.  You have the right to have an attorney there throughout all stages of a criminal action.

What Offenses Are Subject to Sex Offender Registration?

Individuals who have been accused of a sex crime are often concerned about the potential of being on the sex offender registry. This is because being on the sex offender registry carries with it a very negative social stigma that can affect a person for the rest of his or her life.

Can Children Sexually Abuse Other Children?

The answer shockingly enough is yes. This actually occurs more often than people may think. If your child is accused of sexually abusing another child, seek legal representation as soon as possible.

What Is Juvenile Delinquency?

Juvenile delinquency is when a minor has committed an act that is a crime. They are almost always tried in juvenile court, although in cases of extreme crimes they can be tried as an adult.  For more information, visit the Utah State Court’s website on juvenile court.

What Is Juvenile Court?

Juvenile courts in Utah have jurisdiction of all minors under the age of 18 who have committed a crime. Juvenile courts are very different from adult courts. In fact, juvenile court in Utah is based on a civil system instead of a criminal system. Rather than having the purpose of punishment the focus is on rehabilitation.  For more information, visit the Utah State Court’s website on juvenile court.

Can Children Be Tried As Adults?

The answer is yes. There are those circumstances in which an alleged crime is so serious that a minor can be tried in adult court.