Author: Stephen Howard
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Two-Step 402 Reductions – Felony to Misdemeanor
Can a second degree felony be reduced to a misdemeanor after probation in Utah? Under Utah Code section 76-3-402, a court may reduce the level of a conviction by up to a maximum of two steps. This kind…
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Paying Court Fines in Utah
Can I pay my court fines online for a Utah criminal case? A Utah State Courts website has been set up to allow people to pay many criminal court fines online. To access the online payment system, you…
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Expungement Eligibility and Unpaid Fines
Can I get an expungement in Utah if I still owe fines? Utah Code section 77-40-105 sets out most of the requirements for obtaining an expungement in Utah. Among other requirements for an expungement in Utah, this section…
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Police Searches and Prior Charges
Can police search a vehicle just because the driver has a prior drug conviction? The Fourth Amendment to the United States Constitution and the Utah constitution both protect people from unreasonable warrantless searches of their property or person.…
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Retail Theft – Mistakes and Accidents
Can a Utah retail theft charge be dismissed if I accidentally took something from the store? Simply taking an item you have not paid for does not, by itself, constitute retail theft or shoplifting under the Utah criminal…
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Burglary – What qualifies as a dwellilng?
Can I be charged with residential burglary if no one lives there? Under Utah criminal law, there are three different kinds of burglary: burglary of a vehicle, burglary of a building (non-residential), and burglary of a dwelling. Burglary…