Legal Question in Criminal Law in Utah

My 20 yr old son was charged w retail theft (stole approx 100.00 from a Walgeens while on drugs) almost 1 yr ago. He is in recovery from drug abuse, living in sober house for 6 months and currently receiving Vivitrol injection monthly and going to meetings/therapy weekly.

He has applied to and obtained 3 jobs in the past 3 months, including an AT&T sales position, telemarketing position and a bakery position at local grocer. Position he told them that there would be an issue with his background check and went to look for. He went through training for two weeks on the job and the people in each position loved him and were sad to have to let them go based on his background check.

My son is in recovery and is literally unable to find a job and hold down a job because of this retail theft on his background check, in addition to a DUI driving with controlled metabolite which unfortunately happen because he took my husbands car out with a missing headlamp was pulled over and had pot in his system.

I understand I should be consequences for offenses but my son is literally unable to hold a job down and is there anything that we can do to ask the court or prove to the court that he is been in sober living is off drugs and just needs to get a position to get on with his life to make some money. That is my question .


Asked on 4/23/16, 9:03 am

1 Answer from Attorneys
Brian Jackson Brian K. Jackson, LLC

If the charges are misdemeanors, he can get the charges reduced through a 402 reduction and get them reduced to infractions if the judge and prosecutor agree they should be reduced.

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Answered on 5/11/16, 12:59 pm


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