2024-04-25 18:09
Qualifying to FILE a Utah Juvenile Expungement of Adjudication Records.
Juveniles are adjudicated responsible for delinquencies. Adults are convicted and are guilty of crimes. Adjudications… Read More
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Utah Criminal Defense Blog
2024-04-16 20:54
CALL/TXT UTAH JUVENILE DELINQUENCY DEFENSE ATTORNEY JAKE GUNTER (801) 373-6345
UTAH CHILDREN SUBJECT TO POLICE INTERROGATION MUST BE VIDEOTAPED—EFF 05/01/2024
Utah has given juvenile… Read More
2024-04-15 21:58
NEW LAW MAY 2024: If you lie to the police by stating your just ingested drugs and then they find out otherwise at the hospital, it is a Class B Misdemeanor.
Lying to the police has always b… Read More
2024-04-11 17:57
QUESTION: CAN JUVENILES 16-17 YEARS OLD BE CHARGED WITH WILDLIFE CRIMES IN A UTAH JUSTICE COURT RATHER THAN A JUVENILE COURT?
ANSWER: YES.
EXPLANATION: Normally juveniles are charged with d… Read More
2024-04-11 17:57
CALL/TXT UTAH JUVENILE ATTORNEY JAKE GUNTER (801) 373-6345
QUESTION: CAN JUVENILES 16-17 YEARS OLD BE CHARGED WITH WILDLIFE CRIMES IN A UTAH JUSTICE COURT RATHER THAN A JUVENILE COURT?
ANSW… Read More
2024-04-11 17:51
CALL/TXT UTAH JUSTICE COURT CRIMINAL DEFENSE ATTORNEY JAKE GUNTER (801) 373-6345
Utah Justice Courts have jurisdiction over the following types of criminal cases under the Utah criminal cod… Read More
2024-04-11 17:45
CALL/TXT (801) 373-6345 UTAH JUVENILE DELIQUENCY ATTORNEY JAKE GUNTER. LET HIS 20 YEARS OF EXPERIENCE WORK FOR YOU
Utah Juvenile Delinquency:
Under 18-year-old children charged with crimes… Read More
2024-04-04 17:55
Effective 05/01/2024 Utah has a new crime of interruption of a connected service while committing burglary.
It is a felony 3 to disrupt, cut or interfere with a phone line, internet connect… Read More
2024-03-29 08:34
Impaired Driving Plea Bargains—2024 Amendments—Not for Utah Extreme DUIs
Impaired Driving plea bargains are getting harder and harder to obtain. Each year the Utah Legislature h… Read More
2024-03-29 08:28
CALL/TXT UTAH DUI ATTORNEY JAKE GUNTER (801) 373-6345. FREE CONSULT. FLEX PAYMENT PLANS.
EFFECTIVE 07/01/2024. WRONG WAY DUIs ARE CLASS A MISDEMEANORS.
A Utah DUI occurring in a wrong way s… Read More
2024-03-28 20:50
CALL/TXT UTAH DUI ATTORNEY JAKE GUNTER (801) 373-6345. FREE CONSULT.
Utah’s Constitution and bail statute presumes a right to bail. YET, there are exceptions to the right to bail in U… Read More
2024-03-27 20:25
CALL/TXT UTAH AGGRAVATED ASSAULT DEFENSE ATTORNEY JAKE GUNTER (801) 373-6345. FREE CONSULT. FLEX PAYMENT PLANS.
2024 UTAH AGGRAVATED ASSAULT CHANGES
CHANGE: You can now commit aggra… Read More
2024-03-27 20:25
CALL/TXT UTAH AGGRAVATED ASSAULT DEFENSE ATTORNEY JAKE GUNTER (801) 373-6345. FREE CONSULT. FLEX PAYMENT PLANS.
2024 UTAH AGGRAVATED ASSAULT CHANGES
CHANGE: You can now commit aggrav… Read More
2024-03-27 20:21
CALL/TXT UTAH CRIMINAL DEFENSE ATTORNEY JAKE GUNTER (801) 373-6345. FREE CONSULT.
Key Points on New Road Rage Law 2024
(1). Impound Your Car. The police can now impound your car if road rag… Read More
2024-03-25 19:21
Utah Code 76-1-301 is the primary statute listing crimes which have no statute of limitation. Criminal prosecution may occur at any time when the crime is discovered.
2024 AMENDMENT: Utah j… Read More
2024-03-22 22:09
UTAH DOMESTIC VIOLENCE ATTORNEY JAKE GUNTER CALL/TXT (801) 373-6345. FREE CONSULT.
Domestic Violence REDLINE
The Utah Legislature has spoken: “Propelling a bodily substance or m… Read More
2024-03-21 16:27
Utah’s Threat of Violence Amendments Effective 05/04/2024
The Utah Legislature passed and the Utah Governor signed the amendments to Utah’s existing Threat of Violence statute… Read More
2024-03-21 16:19
What Qualifies You for Early License Reinstatement after a Utah DUI? See Utah Code 53-223(9) (2024) EFF 05/04/2024.
Effective 05/01/2024 you can get your license back for a section 502 DUI… Read More
2024-03-21 16:16
GUNS AND DRUG DISTRIBUTION HAVE MANDATORY PRISON TERMS
Effective 05/01/2024 if you are convicted of drug distribution while possessing a gun new mandatory minimum prison sentences apply. Ja… Read More
2024-03-18 16:39
CALL/TXT UTAH EXPUNGEMENT LAWYER JAKE GUNTER (801) 373-6345. HE CAN TELL YOU IN 5 MINUTES IF YOU HAVE A CASE.WHAT TYPES OF RECORDS CAN YOU EXPUNGED UNDER THE UTAH EXPUNGEMENT LAW?
When peopl… Read More
2024-03-12 18:21
UTAH EXPUNGEMENT ATTORNEY JAKE GUNTER (801) 373-6345.
With nearly every expungement comes this question:
QUESTION: “How do I answer applications when they ask if I have been arrested… Read More
2024-03-11 16:04
CALL/TXT (801) 373-6345 UTAH CRIMINAL DEFENSE ATTORNEY JAKE GUNTER
QUESTION: Is a plea in abeyance a criminal conviction for purposes of Utah law?
ANSWER: No. A Utah plea in abeyance is gene… Read More
2024-03-04 15:35
UTAH CHILD ABUSE AND ASSAULT CRIMINAL DEFENSE ATTORNEY JAKE GUNTER. LET HIS 20 YEARS OF COURTROOM EXPERIENCE WORK FOR YOU
Utah’s assault statutes increase the severity of the assault b… Read More
2024-03-01 19:08
The post Flowers and a bluetooth keyboard from an appreciative client. 20240229 appeared first on provocriminaldefense.com Read More
2024-02-28 16:10
UTAH PROTECTIVE ORDER ATTORNEY JAKE GUNTER (801) 373-6345.
Here are all the types of protective orders in Utah as of 2024.
(1). Cohabitant Abuse Protective Orders. This protective order pro… Read More
2024-02-27 19:17
Firearms and Dangerous Weapons Restricted Persons in Utah—Attorney Jake Gunter TXT/Call (801) 373-6345. Free Consult.
Firearms Restricted Persons in Utah.
There are several ways to be… Read More
2024-02-23 17:02
Watch out if you are cited for speeding in a school zone or cross walk in Utah. The maximum speed in a school zone is 20 mph. Utah has increased fines and sentencing requirements—under… Read More
2024-02-19 14:18
See the media interview HERE: https://www.fox13now.com/news/local-news/shop-owner-fears-for-safety-after-alleged-stalker-shows-up-threatens
The post Utah criminal defense attorney Jake Gunt… Read More
2024-02-13 20:15
2024 UT App 15 STATE OF UTAH, Appellee, v. ZACHARY MIKE CESSPOOCH
THE RULE is, don’t bring drugs to the Vernal District Court because you will be convicted. This is what happened to a… Read More
2024-02-12 19:18
Army Lieutenant Colonel Jake Gunter lectures on cross-examination techniques to Utah National Guard Judge Advocates during the annual UTNG JAG conference held at Camp Williams, Butler Readin… Read More
2024-02-12 15:22
PARK CITY MUNICIPAL CORPORATION,Respondent,v.ROBERT EVAN WOODHAM
APPEALS FROM UTAH JUSTICE COURTS TO THE UTAH SUPREME COURT—THE PROCESS.
Utah Justice Courts can be wild sometimes, esp… Read More
2024-02-07 18:16
UTAH CRIMINAL DEFENSE ATTORNEY JAKE GUNTER DEFENDS PROFESSIONAL LICENSING MATTERS. CALL/TXT (801) 373-6345
Generally, unauthorized practice as a licensed professional is a felony 3 or misde… Read More
2024-02-02 16:26
If you have received a call from a DOPL investigator, the investigation is already fully underway and you are the last target.
Having an attorney on your side throughout the DOPL investigati… Read More
2024-02-01 17:37
aprn-crna-application DOPL application 20240201
DOPL, or the Division of Professional Licensing manages some 60 licensures in Utah. Dentists, massage therapists, medical doctors, chiropracto… Read More
2024-01-24 18:03
JURY DUTY—A PRIVILEGE, DUTY AND HONOR OF A CITIZEN
Last Fall 2023 I was notified that as a citizen I had the solemn duty and honor to serve as potential juror in 2024. On 01/23/2024 I… Read More
2024-01-22 17:01
SEE THE ATTACHED DOCUMENT FOR A LIST OF MOST MISDEMEANORS CRIME CLASSIFICATONS, FINES AND WHETHER THEY ARE MOVING VIOLATIONS.
THE 2023 UNIFORM FINE SCHEUDULE IS SUPER HELPFUL AND EASY TO SEA… Read More
2024-01-22 16:44
CHARGED WITH A FAKE ID IN UTAH? CALL/TXT UTAH CRIMINAL DEFENSE ATTORNEY JAKE GUNTER FOR A FREE CONSULT. LET HIS 20 YEARS’ EXPERIENCE WORK FOR YOU.
There are many different Utah laws ma… Read More
2024-01-15 20:44
CALL/TXT PROVO CRIMINAL TRESPASS ATTORNEY JAKE GUNTER (801) 373-6345
What is Criminal Trespass in Provo?
The classic criminal trespass charges in Provo are going onto a property without au… Read More
2024-01-04 16:49
CALL/TXT OREM CRIMINAL MISCHIEF DEFENSE ATTORNEY JAKE GUNTER (801) 373-6345
What Is Considered Criminal Mischief in Orem, UT?
A person commits criminal mischief in Orem, Utah if the person:… Read More
2023-12-18 15:38
CALL/TXT UTAH CRIMINAL DEFENSE ATTORNEY JAKE GUNTER (801) 373-6345. FREE CONSULT
Not a week goes by in my contested criminal cases, that an accused states “how could anyone believe th… Read More
2023-12-13 16:29
2024 UTAH SIMPLE MARIJUANA POSSSESSION LAWS.
Yes. Even in 2024, simple marijuana convictions can still suspend your driving privileges. Utah has come a long way, but a recidivism finding by… Read More
2023-12-13 16:24
PRESCRIPTION MEDICATION DUIs IN UTAH
Often people tell me that they were just taking prescription drugs from their doctor and “as prescribed.” Therefore, they can’t get a… Read More
2023-11-11 04:34
UTAH CRIMINAL DEFENSE ATTORNEY JAKE GUNTER. CALL/TXT (801) 373-6345
People often complain about how a judge can find them guilty when there is no direct evidence linking them to the case.
Y… Read More
2023-11-09 17:05
CONSTRUCTIVE POSSESSION OF DRUGS IN UTAH
Constructive possession of drug cases are much harder to prove than direct possession of drug cases. There is no constructive possession defense if… Read More
2023-11-08 19:58
1. A party may move to modify a pretrial status order:
(a) at any time after a pretrial status order is issued; and
(b) only upon a showing that there has been a material change in circumsta… Read More
2023-11-08 17:23
In the last 5 years the Utah Legislature has changed the bail statute plenty.
The latest criminal bail amendment became effective on 05/03/2023 and changed the ability to motion for a modif… Read More
2023-10-30 16:35
What is a Preliminary Examination in Utah?
Preliminary hearings or interchangeable also called prelims or preliminary examination. Constitutionally our great Utah Constitution refers to the… Read More
2023-10-27 03:14
QUESTION: What is a Chemical Test in Utah? Can I refuse it?
ANSWER: Utah DUI defines Chemical Testing as a blood draw or breathalyzer testing. You are required to take a chemical test when… Read More
2023-10-24 03:12
QUESTION: I refused the breathalyzer machine (or blood draw) in Utah. What will happen to my driver’s license? ANSWER: On a first offense your Utah driving privileges will be suspended… Read More
2023-10-19 17:03
How to Stay a Utah Justice Court DUI and Reckless Driving Conviction Pending Appeal.
Smaller justice courts in Utah can be the wild west and a little different than urban courts. Good or ba… Read More
2023-10-10 16:44
Out-Of-State Visitors Charged in Murray City, UT.
Where you visiting Murray and got criminally charged. Are you from out-of-state and are wondering if you will have to return to Murray for… Read More
2023-10-10 16:29
Alta Justice Court (295 filings in 2022)
10201 East Highway 210
Alta, UTAH 84092
Phone (801) 742-2407, (801) 742-3522
Bluffdale Justice Court (1,975 filings in 2022)
14175 South 1700 West
Bl… Read More
2023-10-06 16:08
Types of Charges in the Salt Lake Justice Court.
The Salt Lake City Justice Court only handles criminal cases (except civil small claims) and only Class B and C Misdemeanors and Infractions… Read More
2023-10-03 04:15
CALL/TXT TRESPASSING CHARGES LAWYER JAKE GUNTER (801) 373-6345
Being charged with trespassing can be a very stressful event. Sometimes you had not clue that you where trespassing and still g… Read More
2023-10-01 03:52
What are Graffiti Crimes in Utah?
You commit the crime of graffiti when you deface, without permission, the property of another by graffiti.
Graffiti is a:
(a). Second degree felony if the d… Read More
2023-10-01 03:52
What are Graffiti Crimes in Utah?
You commit the crime of graffiti when you deface, without permission, the property of another by graffiti.
Graffiti is a:
(a). Second degree felony if the d… Read More
2023-09-25 20:37
Provo City Retail Theft Charges
Have you been charged in the Provo City Justice Court? Here is what you can expect.
(1). Your Citation. Normally you are not arrested and booked, but cited a… Read More
2023-09-18 18:00
OREM RETAIL THEFT DEFENSE ATTORNEY JAKE GUNTER. CALL/TXT (801) 373-6345 FOR FREE CONSULT
What is Retail Theft in the Orem City Justice Court?
Retail Theft is a common Misdemeanor B cr… Read More
2023-09-18 18:00
What is Retail Theft in the Orem City Justice Court?
Retail Theft is a common Misdemeanor B crime charged mostly in Utah Justice Courts. Retail Theft is a Class B is under $500 in merchandi… Read More
2023-09-12 11:52
MILITARY LAWYER JAKE GUNTER
On 09/10/2023 MAJ Jacob S. Gunter was promoted to Lieutenant Colonel in the Utah Army National Guard. He was federally recognized in August 2023.
Current LTC Gun… Read More
2023-09-05 07:24
The clear and convincing evidence standard “implies something more than . . . a preponderance, or greater weight, of the evidence; and something less than proof beyond a reasonable dou… Read More
2023-09-05 07:13
HERE IS THE PRACTICABLE SCOOP WHEN ATTENDING A UTAH BAIL HEARING WHERE YOUR LOVED ONE IS BEING HELD WITHOUT BAIL
The Judge. Utah district court judges have enormous discretion to hold peopl… Read More
2023-08-21 14:55
MOST COMMON ALCOHOL CRIMES IN UTAH
Here is a list of the most common alcohol related crimes in Utah and any collateral consequences.
Utah Code 41-6a-505. EXTREME DUI.
Utah Code 41-6a-505(1)… Read More
2023-08-18 14:57
What is a Mandatory Minimum in a Utah Criminal Case?
Mandatory minimums are automatic sanctions that the criminal court judge has no control over. Mandatory minimums are generally in these… Read More
2023-08-18 14:49
If you have been charged with a misdemeanor in Utah, the Utah Uniform Fine Schedule is jammed packed with super helpful information.
Commonly called the “Bail Schedule” it lists… Read More
2023-08-16 15:15
UTAH WILDLIFE CRIMES DEFENSE ATTORNEY–JAKE GUNTER
Things to remember about Utah Wildlife Crimes:
(1). All Utah misdemeanor or felony convictions, diversions or plea in abeyance carry… Read More
2023-08-15 09:05
CALL/TXT PROVO, UT CRIMINAL DEFENSE ATTORNEY JAKE GUNTER (801) 373-6345
What is a Utah Criminal Sentencing Bargain?
Make sure you read the blog about what a plea bargain is first. A Utah c… Read More
2023-08-11 16:38
CALL/TXT (801) 373-6345 FOR A FREE CONSULT WITH PROVO, UT CRIMINAL ATTORNEY JAKE GUNTER
What is a Utah Criminal Plea Bargain?
A plea bargain is where the prosecutor agrees to dismiss or red… Read More
2023-08-01 15:10
Utah County, Salt Lake County and Davis County have all rolled out the 24/7 DUI Sobriety Program. The purpose of the 24/7 DUI sobriety program is to incentivize people to stay sober. It is o… Read More
2023-07-31 16:00
SOUTH JORDAN JUSTICE COURT CRIMINAL DEFENSE LAWYER—JAKE GUNTER. LET HIS 20 YEARS OF EXPERIENCE WORK FOR YOU. CALL/TXT (801) 373-6345
Being charged publicly is very stressful. Let South… Read More
2023-07-31 15:53
Domestic violence charges are some of the most serious charges filed in Utah Justice Courts. Outside of DUIs, domestic violence convictions are the most likely convictions where you ge… Read More
2023-07-20 15:34
AMERICAN FORK RECKLESS DRIVING DEFENSE ATTORNEY JAKE GUNTER. CALL/TXT (801) 373-6345. HE CAN USUALLY TELL YOU OVER THE PHONE IF YOU HAVE A DEFENSE
Normally on Reckless Driving misdemeanors… Read More
2023-07-18 16:52
CALL/TXT JAKE (801) 373-6345. HE CAN USUALLY TELL YOU OVER THE PHONE IN 5 MINUTES IF YOU CAN EXPUNGE
Domestic Violence Expungements in Utah—The Details.
Any time you have a victim cri… Read More
2023-07-17 19:23
What Types of Charges Qualify as Domestic Violence Crimes in Utah? Utah’s primary domestic violence statute is called the “Cohabitant Abuse Procedures Act” and is found at… Read More
2023-07-10 16:38
UTAH RETAIL THEFT/SHOPLIFTING ATTORNEY JAKE GUNTER CALL/TXT (801) 373-6345
Top 4 Things To Know About Retail Theft (Shoplifting) Charges In Utah
(1). Unlikely to get Jail Time. On first tim… Read More
2023-07-10 15:47
HAS YOUR CHILD BEEN CHARGED IN UTAH’S JUVENILE COURT? SEE THIS GLOSSARY ON COMMON UTAH JUVENILE COURT TERMS AND PROCESS.
The Youth Parole Authority. The Youth Parole Authority provide… Read More
2023-07-06 09:10
402 SENTENCE REDUCTIONS IN UTAH. GET YOUR FELONY REDUCED EASILY
In Utah you can expunge many, many offenses. You can get a sentence reduction by one grade very readily, especially if you su… Read More
2023-07-03 19:43
UTAH GUN CRIMES CRIMINAL DEFENSE ATTORNEY JAKE GUNTER. LET HIS NEARLY 20 YEARS EXPERIENCE WORK FOR YOU. CALL/TXT (801) 373-6345
76-10-503 firearms restricted person 20230701Firearmrestricti… Read More
2023-06-28 17:08
Beaver County, Utah has a population of 7,072 in 2022. Beaver City is located just off Interstate 15 which runs North-South the length of Utah. If you are out-of-state and are charged in the… Read More
2023-06-27 15:06
Utah’s upper trial court—The District Court, is truly like the days of Lincoln where the judges rode the circuits. Most all the down south Utah district courts have judges who co… Read More
2023-06-23 19:27
Types of Juveniles Expungements
Juvenile Delinquency Adjudications (Convictions). Utah juvenile courts call criminal “convictions” delinquency “adjudications.” Juven… Read More
2023-06-14 15:56
Here is What to Expect at your Utah Criminal Order to Show Case
First off, you can be thrown in jail for failure to obey a court order. That normally doesn’t happen at the first order… Read More
2023-06-12 17:13
Utah County Juvenile Court
The Fourth Judicial District in Utah has juvenile courts in Utah, Juab, Wasatch and Millard Counties. Provo, Spanish Fork, American Fork, Nephi, Heber and Filmore… Read More
2023-06-05 18:07
Pleas in Abeyances are used 99.9 percent more often than diversion agreements. Diversion agreements are not favored by prosecutors, but they are occasionally used.
The main difference betwe… Read More
2023-05-30 21:39
What is a criminal diversion agreement in Utah? Criminal diversion agreements in Utah can take a few different forms. But the basics are that the criminal charges are dropped. No conviction… Read More
2023-05-25 15:38
CALL/TXT TOOELE COUNTY RECKLESS DRIVING ATTORNEY JAKE GUNTER. He can usually tell you over the phone in 5 minutes if you have a defense.
Tooele County has been a growing Utah County for the… Read More
2023-05-15 19:52
DOPL INVESTIGATIONS:
Here is what this blog will cover about DOPL:
(1). Are you being investigated by DOPL?
(2). What are your rights (many)?
(3). Can you remain silent (yes)?
(4). Do you h… Read More
2023-05-15 19:44
OLD LAW.
If you refused a lawful order for a chemical test (blood draw or breathalyzer) you lost your license for 18 months on the first offense. No early reinstatement was possible in Utah… Read More
2023-05-13 16:28
How long does a Utah DUI conviction stay on your record?
Example DUI Orem Center Street: You just got a DUI on Orem Center Street. You lost your license at the initial driver’s licens… Read More
2023-05-10 19:21
Reasonable Suspicion (Exclusively Criminal Law)
The legal definition: Reasonable suspicion means suspicion based on specific, articulable facts drawn from the totality of the circumsta… Read More
2023-05-09 16:35
OLD Utah DUI Law on License Suspension (Before 05/2023) First DUI section 502 arrest or conviction, a 120 day license suspension.
There was a limited opportunity under 53-3-223(10) to get yo… Read More
2023-05-08 15:57
Expunge your Utah Traffic Record. Seal it off from insurance companies and public background checks. Keep your records private. That’s why expunging your traffic record matters. … Read More
2023-05-01 15:05
Utah DUI Expungement of Felony DUIs.
Utah is very liberal with expungements and 402 sentence reductions. Yet you can’t expunge a felony DUI.
The Utah Expungement Act states the follow… Read More
2023-05-01 14:57
Herriman City, Utah is in southwestern Salt Lake County, bordering west upon Oquirrh Mountains The population was 55,144 in 2020. In 1999 upon incorporation it had just 1,523 people.
Common… Read More
2023-04-28 17:13
What Is The Utah Code For Carrying A Dangerous Weapon Under The Influence?
Carrying a dangerous weapon under the influence of drugs or alcohol is a crime in Utah. You can find the full code… Read More
2023-04-20 15:14
Yes. It didn’t used to be that you could petition for early removal, but now certain 10 year and lifetime registries are eligible for early removal in Utah.
WHAT IS THE UTAH SEX OFFEN… Read More
2023-04-10 15:35
Careless Driving in Utah.
Careless driving is the little sister of reckless driving in Utah. Careless driving is a Class C Misdemeanor rather than a Class B like reckless driving is. Carele… Read More
2023-04-07 17:11
2 TYPES OF SPEED CONTEST CHARGES IN UTAH
There are two types of charges in Utah’s speed contest/exhibition on highways statute.
(1). The Race Driver. It is a Class A Misdemeanor to dr… Read More
2023-04-03 17:15
2 Different Types of Breath Tests in Utah. PBT and Chemical Test.
Portable/Preliminary Breath Test. Let’s be clear. The portable breath test (“PBT”) is different from the… Read More
2023-04-03 17:05
3 THINGS TO KNOW ABOUT YOUR NO INSURANCE TICKET IN UTAH
It is a crime to drive a car on Utah roadways without car insurance. See Utah Code 41-21a-302.
Here are 3 Things You Need to Know.
(1… Read More
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