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Russ Pietryga
State of Practice: Utah
Member Since: 7/17/2012
Last Answer: 07/30/2013

About Me

Russ Pietryga is a respected Attorney based in West Jordan, Utah who specializes specializes in child custody, criminal defense, divorce, dui, and felony expungement cases. Attorney Russ Pietryga studied at Eastern Michigan University where he earned his Bachelor’s Degree in Public Law & Government. He later on earned his Juris Doctorate from Thomas M. Cooley Law School. Russ Pietryga is also an active member of the Utah State Bar.

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Russ Pietryga
State of Practice: Utah
Member Since: 7/17/2012
Last Answer: 07/30/2013

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Pietryga Law Office - Free legal questions and answers - LawQA.com

Free Answers to your Legal Questions by Lawyers.
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Russ Pietryga
State of Practice: Utah
Member Since: 7/17/2012
Last Answer: 07/30/2013
© 2017 MH Sub I, LLC. All rights reserved.
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Pietryga Law Office - Free legal questions and answers - LawQA.com

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Russ Pietryga
State of Practice: Utah
Member Since: 7/17/2012
Last Answer: 07/30/2013
Answer: A child can be arrested. Sometimes the officer will call the parent but they do not have too. Of course, they are usual ...read more
Answer: Police issue citations. The prosecuting attorney will review the police officer's report and decide what charges they t ...read more
Answer: Yes. They can ask you to take one or more tests.
Answer: It would not be wise. Contact your attorney and follow his/her advice. There may come a time when you can submit an apol ...read more
Answer: Yes. If you have a good reason, like wanting to get into the military, you can file a motion with the court to terminate ...read more
Answer: The best way is to hire an attorney to request that the court allow you to enter a "Plea by Affidavit." Usually, Utah Co ...read more
Answer: Usually, when a person states, I was not read my rights! they are referring to their Miranda Warnings/Rights. Miranda Wa ...read more
Answer: Because it was your 3rd offense, I am assuming that you plead to a 3rd degree felony. As you already know, a DUI cannot ...read more
Answer: You can get a civil stalking injunction. In Utah, you can find the information and forms to get a stalking injunction.
Answer: There are a number of factors the judge will look at, they are: 1. The prosecutors position; 2. Reason/reasons he stopp ...read more
Answer: Since he is your fiance, just get married before you have to testify. Hope this helps. In any criminal ...read more
Answer: If you do not have an attorney, you should call the court and see when you can appear before the court. Ask the judge f ...read more
Answer: In Utah there are several nonexclusive factors for assessing whether a person is in *actual physical control *of a vehic ...read more
Answer: In Utah, a person commits a class B misdemeanor theft when they obtain or exercise unauthorized control over the propert ...read more
Answer: There are a number of factors that can effect the total cost of a first offense DUI. I have listed below, the sanctions ...read more
Answer: Utah, no longer allows pleas to "wet reckless." However, you have a low enough BAC in which you or your attorney can neg ...read more
Answer: Well you have already been charged. That said, it sounds like the prosecutor is going to have a difficult time proving ...read more
Answer: Do not allow your son to speak with anybody, except an attorney, about the incident. He is being investigated for a cri ...read more
Answer: Usually, the prosecutor will file an "Order to Show Cause" when you fail to comply with the terms and conditions of your ...read more
Answer: Usually, a judge will stay the jail 178 days in jail on a 1st offense. If, your son violates the terms and conditions of ...read more
Answer: Usually, you are issued a citation. It is unusual for an officer not to issue a citation but it could happen. I would ...read more
Answer: Court's usually issue a warrant for your arrest when you miss a court date. You have 2 options. One, call the court and ...read more
Answer: If he was arrested, he will have an arrest record. Whether he ends up with a criminal record depends on whether or not h ...read more
Answer: *Aggravated Robbery* (Utah Code 76-6-302) *Degree-*Aggravated robbery is a 1st degree felony. *Elements-*A defendant c ...read more
Answer: As far as getting in dropped, it is out of your hands, it is up to the prosecuting agency. However, if you invoke your s ...read more
Answer: Your daughter has virtually the same rights as anybody facing criminal charges. However, because she is a juvenile, ther ...read more
Answer: Maybe. There are many questions that would need to be answered. Usually the worst piece of evidence, for a defendant, is ...read more
Answer: Usually, when a person states, I was not read my rights, they are referring to their Miranda Warnings/Rights. Miranda Wa ...read more
Answer: Yes. The Utah Court of Appeals ruled that in order to ensure that breath test results are presumed valid, U ...read more
Answer: Probably not. However, because of mugshots.com and others, it is not that hard for your employer to find out.
Answer: No. There are a number of factors to consider. They are: 1. Did the officer have reasonable suspicion to pull you over ...read more
Answer: Sounds like you should not be charged for possession of a drug your friend left in the car. Hopefully, a blood draw was ...read more
Answer: You cannot expunge a DUI for 10 years. So, you are going to have to wait another 6 years before you are eligible to expu ...read more
Answer: Usually, prosecutors are reluctant to dismiss a domestic violence charge once it has been filed. However, there are man ...read more
Answer: Depends on the type of fee agreement you agree to. Some charge a "flat-fee" which means you a set amount no matter how m ...read more
Answer: The best thing you can do is consult with a criminal attorney. In the mean time do not speak with anybody but "your" att ...read more
Answer: Diversion is up to the prosecutor. He does not have to offer a diversion. There is not a set of circumstances in which a ...read more
Answer: Do not let your son speak with anybody except his attorney. It sounds like they are still investigating. You do not ha ...read more
Answer: The accident makes it a little sticky. Usually, you would not get jail, assuming you plead guilty. However, your breat ...read more
Answer: If you plead in a justice court you have 30 days from the time you are sentenced to appeal. So, if you plead today and w ...read more
Answer: That depends on a lot of facts. As always, there is always the possibility to revoke probation and reinstate probation. ...read more
Answer: Maybe, People get charged for DUI in parked cars all the time. However, there is an actual physical control issue in ev ...read more
Answer: Yes. You have no expectation of privacy in trash that you leave on the street.
Answer: Sounds like the prosecutor is going to have a difficult time proving that you had actual physical control of the vehicle ...read more
Answer: Of course, if you get the charged dismissed or a diversion, then you will not lose your license. Usually, if you get a p ...read more
Answer: I have had success in getting the charges dismissed, if I can get an affidavit from the alleged victim stating what actu ...read more
Answer: Not likely. The prosecutor will just refile, even if it was dismissed.
Answer: A defendant commits a class B misdemeanor theft when they obtain or exercise unauthorized control over the property of a ...read more
Answer: All you can do is request a continuance. Usually, your attorney will file a motion detailing why he needs a continuance. ...read more
Answer: In theory, yes. It is a actual physical control issue. Utah?s DUI statute states, ?A person may not opera ...read more
Answer: No. Especially if you did not know she was stealing. The prosecutor is going to have to prove "beyond a reasonable doub ...read more
Answer: You can refuse the breath or blood test. You expose yourself to additional driver license suspension. Take a look at u ...read more
Answer: Usually, for a 1st offense theft, you are looking at a fine, restitution, theft class. However, because it is your 1st ...read more
Answer: First, your boyfriend should not speak to anybody but his attorney. You could draft an affidavit with your version of w ...read more
Answer: Citation is still valid.
Answer: Sounds like you have already denied taking the purse, so do not say anything more to anybody else. Just say, i have been ...read more
Answer: Utah does not give conditional licenses. In fact, if you do not request a dmv hearing, Utah's Driver License Division w ...read more
Answer: Yes, in fact, you should contact an attorney as soon as possible. I am sure they will instruct you not to talk with any ...read more
Answer: The person who has been convicted of the felony can not live with you anymore.
Answer: No. A diversion is a resolution to a charge. However, the prosecutor has to agree to the diversion. In short, a divers ...read more
Answer: Usually, the reason your license is suspended is key to what may or may not happen to you. For instance, if your licens ...read more
Answer: Well, if you cannot afford a attorney, ask for a public defender. An attorney can help in getting the charges dismissed ...read more
Answer: *1st Offense possession of marijuana(less than 1 ounce)* (Utah Code 58-37-8(2)(a)(i)) *Degree-*A class B misdemeanor. ...read more
Answer: Having a minor in the car is considered an aggravating factor. Below, is an exhausted summary of all the potential thin ...read more
Answer: Do not talk to anybody, and I mean anybody until you consult with an attorney.
Answer: Not sure what you mean by extreme DUI. I guessed what you mean is that you had a BAC of over .16. However, there are o ...read more
Answer: Only if you do not get convicted. 3rd offense is a minimum of 62.5 days in jail. However, you can be sentenced as foll ...read more
Answer: No. Miranda Rights and Miranda Warnings are often misunderstood. I hope this will helps. Usually, when a ...read more
Answer: *Assuming *you have less than 1 ounce it is a class B misdemeanor. Listed below are the potential penalties. *Elements ...read more
Answer: Assuming you have less than 1 ounce. The potential charges and penalties are as follows: * * *Degree-*A class B misde ...read more
Answer: *Possession of methamphetamine*(Utah Code 58-37-8(2)(b)(ii) and Utah Code Ann. ?58-37-4(2)(b)(iii)(B)) *Degree-*A 3rd d ...read more
Answer: Eyewitness testimony that someone saw you committing a crime and the instrument to do it is in your possession when they ...read more
Answer: Depends on the arresting agency. For instance, Salt Lake City PD does not have videos. Where the Utah Highway Patrol u ...read more
Answer: Yes. However, whether the judge sentences you to jail, usually depends on why you do not have a license. For instance, ...read more
Answer: The Miranda Warnings/Rights are: (1) You have the right to remain silent; (2) Anything you say can and will be used agai ...read more
Answer: Need to know a couple of things to answer this question accurately, they are: Does she have any priors?; What type of dr ...read more
Answer: Depends on a few things. First, are they charging you with possession or distribution. Second, how much marijuana did y ...read more
Answer: You are presumed innocent. That means, if the prosecutor decides to charge you with the theft, they will have to prove ...read more
Answer: Did he know that he was receiving stolen property? Either way, he should get an attorney. If he cannot afford one, he ...read more
Answer: Nothing. Both are attorneys. The public defender usually has a contract with the state or county to represent indigent ...read more
Answer: Here is a list of everything I can think of. Of course, this is all the things that can happen, not, that will happen. ...read more
Answer: Miranda Rights are often misunderstood. It will not get this case against you thrown out.
Answer: Sounds like you are going to want to expunge your record. However, you are going to have to meet the eligibility requir ...read more
Answer: At the end of the day it is the district attorney who decides to dismiss the case. However a victim usually has a strong ...read more
Answer: Yes. Sounds like you are going to want to get your arrest record expunged.
Answer: Yes, but you have a good actual physical control issue. See below, for an article I wrote awhile back on actual physica ...read more
Answer: Yes. The prosecutor decides what charges to file and who to file them against. For instance, if all of the other 4 say ...read more
Answer: Yes, he can be charged. However, without your testimony, it will be almost impossible to prove. Lastly, the subpoena m ...read more
Answer: The facts will dictate what you could be charged with. The most serious offense could arise from what you did with the ...read more
Answer: You have not provided enough facts to answer this with any degree of accuracy. That said, you want a jury trial, bench ...read more
Answer: Did they draw blood from you? That is the key to your case. Usually, they will take blood. If not, the prosecution has ...read more
Answer: No. It is still a class B misdemeanor. Depending on the facts, there may be some difference to what I have written. B ...read more
Answer: *Aggravated Robbery* (Utah Code 76-6-302) *Degree-*Aggravated robbery is a 1st degree felony. *Elements-*A defendant c ...read more
Disclaimer: The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or should be formed by use of the site. The attorney listings on the site are paid attorney advertisements. Your access of/to and use of this site is subject to additional Supplemental Terms.
© 2017 MH Sub I, LLC. All rights reserved.
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