The maximum penalty for a third-degree felony in Utah is a prison term of up to five years and a fine of up to $5,000 plus a surcharge of 90%. In most cases, the court has discretion to suspend the prison sentence and place a person on probation. If placed on felony probation, the judge can still impose up to a year in jail as a “condition” of probation.
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What is the maximum penalty for a second-degree felony? Utah law provides a minimum prison term of one year and a maximum of 15 years for most second-degree felony convictions. The Board of Pardons and Parole ultimately determines how much of that prison term is served. In most cases, the judge has the option of suspending the prison term and placing the person instead on probation. Felony probation can also include up to a maximum of one year in jail as a condition of probation.
What is the difference between a living will and a living trust? Although the two terms are similar, they refer to very different estate planning tools. A living will allows a person to state end-of-life medical care preferences and to name a person who act on their behalf if they are no longer able to speak for themselves. A living will in Utah is normally included as part of an advance health care directive. A living trust is created during your lifetime and can be used both to hold and manage assets during your lifetime and to manage and distribute assets to others after your death.
Can a victim waive the no-contact provisions of a jail release agreement? A person arrested for a domestic violence charge in Utah is often subject to certain restrictions imposed under a jail release agreement. The victim is allowed, circumstances, to waive the contact and communication provisions of the release agreement before the criminal case has been presented to a judge. The waiver must be in writing and must comply with various statutory requirements to be effective. Consultation with an attorney is strongly advised before attempting to execute a waiver.
Is a preliminary hearing required in misdemeanor cases? A preliminary hearing ("preliminary examination" under the Utah State Constitution) is an opportunity for the court to determine whether the prosecution has enough evidence to justify moving the case forward to trial. If the court finds that the evidence establishes probable cause to believe that a charged crime has occurred and that the defendant is the person who committed the crime, the judge (acting as magistrate) will enter a "bindover" order requiring further proceedings moving toward trial. A preliminary hearing ("examination") or a waiver by both parties is required in all felony cases, and also in any class A misdemeanor…
