Frequently Asked Questions
For information concerning the following questions click on the links below:
- County Attorney's Office Info
- Reporting a Crime
- Victim/Witness Issues
- Expungement of Criminal Records
- Family Issues
- Fraud/Consumer Protection Issues
- Property/Landlord/Tenant Issues
- Fencing, Animals at Large, and Animals on Highways
This FAQ page is designed to answer some of the most frequently asked questions concerning the
County
Attorney
's Office Info
Where is the
The
Juab County Attorney's Office
160 N. Main Street, Suite 217
Nephi, Utah 84648
(435) 623-3460
The office is open
Reporting a Crime
I feel a crime has been committed. How can I press charges or report the crime?
The County Attorney's Office does not investigate crimes. Victims and witnesses of crimes should call 9-1-1 to report emergencies and current crimes in progress. Other crimes should be reported to the law enforcement agency in the area where the crime occurred. The Nephi City Police Department is the primary investigative agency for crimes committed within Nephi City limits. The Juab County Sheriff's Office is the primary investigative agency for crimes committed within Juab County but outside Nephi City limits. Once the investigating law enforcement agency completes the initial investigation, the report is filed with the County Attorney's Office. The reviewing prosecutor decides what charge(s), if any, will be filed.
To contact local law enforcement agencies, call the following numbers:
- Nephi City Police Department: (435) 623-1626.
- Juab County Sheriff's Office: (435) 623-1349.
For other law enforcement agency information, see the Law Links page of this website.
My neighbor/friend/relative is doing drugs. How can I anonymously report the problem?
An investigation by the local police department or sheriff's office needs to take place before the case is submitted to the Juab County Attorney's Office. Please contact the law enforcement agency in the jurisdiction where the crime was committed.
Being a Victim of or a Witness to a Crime
Police have arrested the person I believe committed the crime against me. What happens next?
The criminal justice system can be complicated and confusing to many people. See our Criminal Case Process page for more information on the adult and juvenile justice systems in
I am a victim. Can I drop the charges?
Many people incorrectly believe a victim has the power to "press charges" or "drop the charges" against the accused. All crimes are considered offenses against the State, not only the victim; therefore, the Juab County Attorney's Office prosecutes criminal complaints on behalf of the State of
What are my rights as a victim?
Title 77, Chapters 37, 38, and 38a, Utah Code Annotated, provide for the rights of victims of a crime. Visit our Victim Rights & Services page for a list of those rights.
I am a victim of a violent crime. Will the prosecuting attorney pay for my hospital bills and lost wages?
The County Attorney's Office does not compensate victims for their loss. However, a Victim's Advocate can answer your questions and help you make contact with the Utah Office of Crime Victim Reparations. The Utah Office of Crime Victim Reparations may be able to help you with out-of-pocket medical expenses, lost wages, funeral expenses, loss of support and mental health, and other needs caused as a result of crime. Visit our Victim Rights & Services page for more information.
I am having trouble dealing with the emotional impact of the crime. Where can I get counseling?
Violent crimes often leave more emotional scars than physical ones. To get help finding a counselor near you, call the Juab County Victim's Advocate at (435) 623-3460. Visit our Victim Rights & Services page for more information.
Can I look up my court case from this web site?
The Juab County Attorney's Office web site only contains general information about the court process in
Fourth Judicial District Court: (435) 623-0901
Fourth Judicial District Juvenile Court: (801) 354-7200
Juab County Justice Court: (435) 623-3440
Nephi City Justice Court: (435) 623-0822
I need legal advice. Can I speak to an attorney?
The Juab County Attorney's Office cannot give legal advice on private legal issues. See the "About Us" page of this website for the legal matters the County Attorney's Office handles. To find an attorney in your area, consult your local phone book. Low-income Utahns may qualify for legal help depending upon their household’s income and assets, the type of legal problem, and whether that legal problem is within a current list of priority cases. For more information contact Utah Legal Services at 1-800-662-4245 toll free. The Utah State Bar Association has a program called "Legal Match" to help people find an attorney. Click on "Legal Match" above or go to utahbar.legalmatch.com for more information.
Who can I contact about getting a protective order, stalking injunction, or restraining order?
Protective Orders & Stalking Injunctions.
A Juab County Victim Advocate can help you obtain a protective order or stalking injunction if you qualify for one. You can contact a Juab County Victim Advocate for help understanding when a protective order or stalking injunction can be issued, how they are issued, what you need to do to obtain one, and what an order or injunction will really do for you. Call a Juab County Victim's Advocate at (435) 623-3460. Visit our Victim Rights & Services page for more information.
Restraining Orders.
If someone has threatened to commit an offense against you or your property, you may petition the district court for a temporary restraining order. The Fourth District Court for Nephi is located at 160 N. Main Street, Nephi, Utah. The phone number is (435) 623-0901. Unless you know how to fill out the proper paperwork, you should consult a civil attorney to obtain a civil temporary restraining order. See UCA 77-3-1 et.seq. for the law relating to temporary restraining orders to keep the peace.
Restraining orders in juvenile court matters must be obtained through the Juvenile Court. For information about the Fourth District Juvenile Court visit their webpage by clicking here.
Expungement of Criminal Record
A petitioner seeking to expunge a record of arrest, investigation, detention or conviction, including a traffic offense, must first obtain a certificate of eligibility from the Utah Bureau of Criminal Identification (BCI). Traffic offenses may only be expunged from criminal records, not driver license records.
Contact BCI at (801) 965-4445.
To view an overview of the expungement process click here.
To view a list of frequently asked questions regarding expungements click here.
Family Issues
I want a divorce and also need help getting child support. Can the
The
I believe my elderly relative is being victimized and/or abused. Who can I contact?
If you think an elderly individual is a victim of abuse, call your local law enforcement agency or Adult Protective Services. To make a referral to Adult Protective Services call (800) 371-7897. Other resources include the Six-County Area Agency on Aging at (888) 899-4447 and the Utah Department of Human Services, Division of Aging and Adult Services' website. You can also visit the Utah Attorney General's Senior Abuse webpage.
I am a senior and have a legal question. Where can I get legal advice?
The Older Americans Act, a federal law, requires states and Area Agencies on Aging to make legal assistance available to persons 60 years of age and older, and in particular, to those elders in greatest social and economic need. Legal assistance is a service provided through Utah's twelve Area Agencies on Aging together with a network of legal services providers throughout Utah. In Juab County call (435) 893-0700. If you are a low-income Utahn, you may qualify for assistance from Utah Legal Services. Visit their website or call (800) 662-4245 for more information. Consider visting the Utah Seniors website as well.
I would like to adopt a child. Can the
The Juab County Attorney's Office does not handle adoptions. Consult a private attorney for help in adopting. Children in Utah who are waiting for adoptive families can be seen on a website at www.utdcfsadopt.org or you can call the Adoption Exchange at (801) 265-0444.
Fraud / Consumer Protection Issues
A business or person who provides labor or services has cheated me. Who can I contact?
If you believe a criminal act has been committed, contact your local law enforcement agency. The Utah Division of Consumer Protection can answer your questions about enforcing consumer protection laws through administrative action against a business or it can refer you to another agency that may be able to help you. Please call the Division of Consumer Protection at (800) 721-7233 for more information. For questions involving disputes or complaints about a contractor contact the Division of Occupational and Professional Licensing at (801) 530-6630.
I have received a bad check as payment for goods or services. Do I have any recourse?
If you have received a bad check as payment for goods or services, you are required by law to provide notice (to the person who issued or passed the check) that the check was returned unpaid. Section 7-15-2, Utah Code Annotated, gives the form that the notice should take, the amounts you may charge for service charges and collection costs, and the time periods you must wait before proceeding further. You may contact your local law enforcement agency for possible criminal action against the person fourteen days after the person has received the notice described above. You may file a civil action 30 days after mailing notice to the person.
Someone has stolen my identity to open a credit card account in my name. Can the
Until someone uses or attempts to use your information no crime has occurred. Therefore, you should take appropriate steps to prevent that from occurring.
If you believe you are a victim of identity theft, there are some important steps you should take right now:
- Gather all the information you can about the alleged crime in as much detail as you can, including the type of information used, addresses and phone numbers used, how the crime occurred, dates of the crime, description of the suspect, and what credit, goods, services or other thing of value was obtained as a result of the crime.
- File a report with your local law enforcement agency. Get a copy of the report to submit to creditors and others that may require proof of the crime.
- Notify creditors, in writing, of the fraud. Use the ID Theft Affidavit or other forms required by the company where the debt occurred or fraudulent account was opened.
- Close the accounts that you know or believe have been tampered with or opened fraudulently.
- Contact the fraud departments of any one of the three major credit bureaus to place a fraud alert on your credit file. Once the alert is put on your file by one credit bureau, the other two will be automatically notified.
- File your complaint with the Federal Trade Commission (FTC).
The Utah Division of Consumer Protection and the Federal Trade Commission offer greater detail about each of the six steps above. The Federal Trade Commission website is especially helpful and has several booklets you can download free of charge. Visit their websites by clicking on their names above.
Property / Landlord / Tenant Issues
My neighbor and I disagree on where the fence separating our property should be. Can the County Attorney help?
The County Attorney does not handle civil matters between private individuals. Boundary disputes are civil matters that have to be handled by the individuals themselves. You may have to hire a surveyor to survey the property and you may have to settle the matter in civil court. You can consult with a civil attorney for advice. The Utah State Bar Association has a program called "Legal Match" to help people find an attorney. Click on "Legal Match" above or go to utahbar.legalmatch.com for more information.
My landlord refuses to return deposits. Do I have any recourse?
What if my landlord does not return my deposit?
A landlord may apply the deposit to the payment of accrued rent, to damages to the premises beyond reasonable wear and tear, to other costs provided for in the contract, and towards cleaning of the unit. The landlord is required to deliver or mail the balance of any remaining deposit amount and any prepaid rent, if any, and a written itemization of any deductions from the deposit and reasons therefore, within 30 days after termination of the tenancy or within 15 days after receipt of the renter's new mailing address, whichever is later. If there is damage to the rented premises, this period is extended to 30 days. You must notify your landlord of the location where payment and notice may be made or mailed within 30 days of termination of the tenancy. If your landlord, in bad faith, does not return your deposit, he or she may be subject to a $100 civil fine and court expenses. You may also sue your landlord in small claims court for an amount less than $7,500. Click here for more information on filing a small claims case.
My landlord refuses to fix items in my rental property. What can I do?
For what repairs is the renter responsible?
Generally, tenants are responsible for repairing the rented premises as well as for items that may have been damaged through careless action. For example, if a tenant fails to clean out a sink and it clogs, the tenant will be responsible for repairs.
For what repairs is the landlord responsible?
Landlords are generally responsible for maintaining common areas, such as hallways or grounds; maintaining electrical systems, plumbing, heating, and hot and cold water; and maintaining appliances and facilities as specifically contracted in the lease agreement. They should also handle repairs for all large maintenance or structural problems, such as old plumbing systems. Additionally, if an item needed repair before a tenant moved in, the landlord is responsible for fixing it, unless the tenant accepts the premises with the problems.
What can I do?
A renter is entitled to certain remedies, but must follow specific procedures to obtain them. See UCA 57-22-1 et. seq., Utah Fit Premises Act, for details. Also the U.S. Department of Housing and Urban Development has a webpage with information concerning tenant rights, laws, and protections in Utah.
I am a landlord, when can I evict a tenant?
Until you have a court order, you may not:
- Change the locks on the doors.
- Shut off any utility, such as water, electricity, or gas.
- Take possession of any property belonging to the tenant.
- Enter the rental unit without advance notice to the tenant, except in case a true emergency exists.
- Harass, intimidate, or threaten the tenant or the tenant's guests.
- Inhibit the tenant's right to freely enter and leave the premises.
You must not engage in any of these activities even if the tenant has not paid rent or has repeatedly violated written rules. You must use the legal process to evict. There is no place for self-help remedies.
What is the process to evict a tenant in Utah?
The following is from the Utah Court website, www.utcourts.gov/howto/landlord. To go to that site now, click on the utcourts link above.
- First, the landlord must actually end the tenancy, by delivering to the tenant a "Notice to Quit." This notice must be given before filing an eviction case. Any defects in the notice may cause dismissal of the case, requiring the landlord to begin the process again. The type of "Notice to Quit" and how much notice (time) is required is determined by the tenant's status (i.e., a tenant at will or a tenant under lease). Regardless of the type of tenancy, though, the law requires the use of a summary process action to evict. However, the requirements for a "Notice to Quit" can vary widely depending upon how the person came to reside or remain at the property.
- After the "Notice to Quit" time has expired, the landlord then completes the Summons and Complaint for "Unlawful Detainer" (eviction). The Complaint is filed in the district court (court of general jurisdiction for
- After being served with the Summons and Complaint, the tenant must file with the court an "Answer" within the time listed in the Summons. The Answer allows the tenant to explain to the court and the landlord why he or she should not be evicted, defenses against the court action, and any claims against the landlord. If the Answer is not filed on time, the landlord may ask for a default judgment and "Order of Restitution" against the tenant. The "Order of Restitution" directs the sheriff or constable to forcefully evict the tenant. If the tenant files a timely Answer, the case will proceed as a civil case under the Utah Rules of Civil Procedure (discovery, trial, etc.).
- After the complaint has been filed, the landlord may move the case along more quickly by filing with the court an "Owner's Possession Bond," and serving notice upon the tenant. This is usually done when the tenant has answered the Complaint, eliminating the possibility of a default judgment. The Owner's Possession Bond must be approved by the court in an amount equal to the probable amount of costs of suit and actual damages to the tenant if the eviction action was brought improperly.
How Do I Evict a Tenant in Utah?
The eviction process in
Utah
is a four-step process.
- The landlord must serve an eviction notice.
- If the notice is not obeyed, the landlord must file a court action, which allows the tenant to present defenses in court.
- If the judge rules for the landlord, the judge will enter an order for the tenant's eviction by a sheriff.
- A landlord must follow the law closely in order to evict a tenant. A notice must say exactly the right thing, and must be served on the tenant in the right way. If the landlord makes a mistake, a tenant may be able to get the case dismissed.
Additional Landlord/Tenant Resources
Utah Courts, Landlord-Tenant Website: http://www.utcourts.gov/howto/landlord.
Utah Courts, Online Court Assistance Program: http://www.utcourts.gov/ocap.
Fencing,
Animals at Large, and
Animals
on Highways
Is Juab County a "fence in" or "fence out" county?
Juab County has not adopted a fence ordinance. Consequently, state law applies in Juab County. Utah Code Annotated, Section 4-25-8 states that when an animal trespasses on the property of another person and causes damage to that property, the animal's owner is liable for that damage. So basically it is the animal owner's responsibility to keep his or her animals "fenced in" so that they do not cause damage to other people's property. If the animal owner does not keep his or her animals "fenced in," the animal owner is responsible for damage caused by those animals.
Who is responsible for damage caused by livestock hit by a car on a road?
Utah Code Annotated, Section 41-6a-407, states that, in a civil court action for damages caused by collision with any domestic animal or livestock on a highway, there is no presumption that the collision was due to the negligence of the owner of the animal. The car owner has to file a civil action in civil court (for example, small claims court). Then, for the car owner to prove that the animal owner is liable for the damage, the car owner has to prove the following:
- Highway. The animal was on a "highway" - any way or place open to the public for vehicular traffic.
- Separation. Both sides of the highway must be adjoined by property that is separated from the highway by a fence, wall, hedge, sidewalk, curb, lawn or building.
- Willfulness or Negligence. The car owner must prove that the animal owner willfully or negligently permitted the livestock to stray or remain unaccompanied on the highway.
- Not Range Stock. To prove liability under this section, the car owner must prove that the animals were not range stock drifting onto the highway while going to or returning from their accustomed ranges.
If the car owner cannot prove each of the above four elements, the animal owner will not be held liable for the damages.
