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Avvo Clients' Choice Award 2015 Avvo Clients' Choice Award 2016 Avvo Clients' Choice Award 2017 Avvo Clients' Choice Award 2018 Avvo Clients' Choice Award 2019 Avvo Clients' Choice Award 2020 The National Trial Lawyers Top 40 Under 40 NACDA Top Ten Ranking 2015 Avvo Rating 10.0 Top Attorney
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Latest Case Results:
Bountiful District Court case dismissed Pre-file: Enticing a Minor Herriman Police Department the case was declined Pre-file: Rape The case was declined Aggravated Sexual Abuse of A Child not guilty on all counts Pre-file: Sexual Assault The case was declined Salt Lake County District Court not guilty on all counts Tooele County Justice Court entered a plea bargain Failed to drive with in a single line. motion to dismiss was granted Hit and Run case was dismissed Domestic Violence Harassment Case was dismissed Ulawful Sexual Contact not guilty on all counts Failure to Merge ruled not guilty DUI found the defendant not guilty Careless Driving Resulting in Death found the defendant not guilty
Bountiful District Court case dismissed Pre-file: Enticing a Minor Herriman Police Department the case was declined Pre-file: Rape The case was declined Aggravated Sexual Abuse of A Child not guilty on all counts Pre-file: Sexual Assault The case was declined Salt Lake County District Court not guilty on all counts Tooele County Justice Court entered a plea bargain Failed to drive with in a single line. motion to dismiss was granted Hit and Run case was dismissed Domestic Violence Harassment Case was dismissed Ulawful Sexual Contact not guilty on all counts Failure to Merge ruled not guilty DUI found the defendant not guilty Careless Driving Resulting in Death found the defendant not guilty
The client listened to a lawyer reporting on an embezzlement case

Protective Order Errors

Here’s a ninja move if you’re facing criminal charges and the state claims you violated a protective order: always check the dates. I’m Tom Weber, I’m a professional criminal defense attorney licensed in Utah and California and also a law ninja. Recently, I helped a client flip a supposedly airtight case upside down—just by not taking the paperwork at face value.”

Let me paint the picture. The state alleged my client violated a protective order. This is serious—one minute you’re free, the next you’re in handcuffs, and the so-called ‘evidence’ is just a few lines in a database. Most people—and even many lawyers—see the paperwork and assume it’s gospel. But the truth? The justice system is held together by humans, and humans make mistakes.

Photo of Judge's Gavel

Here’s what you need to understand:

In our system, for someone to be guilty of violating a protective order, that order must be properly issued—and served—before the alleged violation. Let me repeat: you cannot violate something you’ve never been given. But the way files move through law enforcement, courts, and prosecutors? It’s a mess of computer databases, metadata, and clerks racing the clock. If you catch a lazy prosecutor—or a defense attorney who doesn’t dig—you could get convicted for breaking an order you didn’t even know existed.

In several cases I’ve worked on over the years, the court’s own records listed a date for service of the protective order. But when we checked the charging document, the math didn’t add up. If you just trust the computer printout, you miss the truth: I’ve seen this mistake maybe four or five times in my career—enough to always double-check. And every single time, it means my client walks free.

So what’s the ninja move?

You collect every single piece of evidence. The computer says one thing, the docket another—so you go straight to the physical, signed copy of the protective order. Look for the date the sheriff actually handed it to your client. Compare that to the alleged offense. I guarantee, more lawyers lose cases by trusting the paperwork than by fighting it.

In many cases, we matched up every file, every user log, and found the flaw. The state’s system said the order was in effect, but in real life, it hadn’t even been served yet. That’s not just a technicality. That’s the difference between justice and injustice. So I argued: If the order wasn’t in place, the charge cannot stick. The prosecutor fumbled. The judge agreed. My client? Case tossed out. That’s how you use the ‘wrong date’ to win the right way.

Let’s talk big picture.

The criminal justice system isn’t a well-oiled machine. It’s a giant, lumbering beast, and it only works if you make it work for you. The ninja way is skepticism. Trust nothing, check everything. If your freedom is on the line, don’t play checkers when everyone else is playing chess with half the pieces missing.

 

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