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Questions Answered by Brian K Jackson

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Utah on

Q: If I file a appeal do I need to still do the probation thing

Brian K Jackson answered on Jul 28, 2017

It depends on if it is out of justice or district court. Justice you will start over with a clean slate, district, you will still be on probation unless / until the court of appeals overturns the judgment.

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1 Answer | Asked in Personal Injury and Products Liability for Utah on

Q: I'M 62 year's old and trying to find an attorney to represent me concerning the tobacco master settlement agreement.

Or tell me how I can get on the list to get the money for it.

Brian K Jackson answered on Jul 28, 2017

Are you located in Utah or California?

1 Answer | Asked in Animal / Dog Law and Personal Injury for Utah on

Q: Can an adult instructor of equine activities be held liable if they don't require their youth students to wear helmets?

Utah S.B. 123: INHERENT RISK OF LIVESTOCK ACTIVITIES

Utah Code: 78-27B-102

Brian K Jackson answered on May 1, 2017

The statute listed says it all, which constitutes negligence in the disregard for the safety of the participant. After that is proven, you have to show that there was an injury associated to that. They can't be held liable for anything if there isn't an injury according to the statute. So if you... Read more »

1 Answer | Asked in Divorce for Utah on

Q: I'm sure my wife is cheating on me with a past boyfriend. Do I gather more evidence or just begin divorce

I think she has been paying for an apartment for him out of her paycheck as well. He has a criminal record for drugs and I'm worried about her doing drugs with him possibly around our young kids

Brian K Jackson answered on May 1, 2017

Now days, if you want a divorce, you can get one granted for about anything. If you feel like it isn't working out, you can get one on the grounds of irreconcilable differences. If you are looking to prove she cheated on you, then that would be an at-fault divorce if you want to prove that they... Read more »

1 Answer | Asked in Family Law and Civil Rights for Utah on

Q: Can discrediting evidence be presented in court after the court has acknowledged that a defendants attny didn't show up

Brian K Jackson answered on May 1, 2017

Might need more details to this. The question is, if the attorney didn't show up, then who is presenting the evidence?

2 Answers | Asked in Landlord - Tenant for Utah on

Q: How much notice does a tenant in Utah legally need to give a Landlord in a month to month contract when moving out?

Brian K Jackson answered on May 1, 2017

Month to month is 30-days so you need to give 30-days notice.

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1 Answer | Asked in Criminal Law, Family Law and Federal Crimes for Utah on

Q: If you have been charged with a sex crime can you have possession of a firearm?

Brian K Jackson answered on Dec 10, 2016

You have to be convicted of the crime. If you are just charged the judge may enter restrictions on bail but not likely. If you are convicted, most crimes have it to where you can't possess a firearm under federal law.

1 Answer | Asked in Divorce and Child Custody for Utah on

Q: Utah father's rights suspended didn't complete required classes. He wants a visit am I liable for anything if I let him?

Are there any legal ramifications if I let him see his son when the court has suspended his parental rights for not completing his required parenting classes? He will make my life difficult if I say no and claim he did the classes which he hasn't. But if there will be liability or trouble with the... Read more »

Brian K Jackson answered on Dec 10, 2016

It is a court order so if you go against it you could be found in contempt.

1 Answer | Asked in Family Law for Utah on

Q: Divorced w/ kids in Idaho. Now we all live in Utah. Does Utah claim jurisdiction now? (lived here over 6 months).

Just trying to see if need to do a foreign order first in this process to change parenting plan. Thanks!

Brian K Jackson answered on Dec 10, 2016

Utah has jurisdiction but you will need to transfer the Idaho decree to Utah.

1 Answer | Asked in Family Law and Child Custody for Utah on

Q: What are my options?

My son's father has never met, spoken to, or been involved with our son. Very rarely pays a small amount of child support (I have a child support case open). He participated in paternity testing, and it's proven he's the father. My son is 2 and his father has moved to 2 different states since he... Read more »

Brian K Jackson answered on Nov 21, 2016

Yes there are a few things you can do. Also, if you were never married would help determine how hard or easy the process will ne.

2 Answers | Asked in Adoption and Family Law for Utah on

Q: Will it be easy to have my husband adopt my kids?

I have 3 kids from 2 different father's. My teenage daughters are from a dad who doesn't pay child support and lives in Kansas. He has not had any communication with them for 5 years since he got remarried. And my son who is 8, his father is incarcerated. Does my situation require a lawyer, or... Read more »

Brian K Jackson answered on Nov 21, 2016

There are a lot of hoops you have to jump through with adoption and need the right paperwork. You first have to terminate the rights of the father and then you have to go through the procedure and requirements necessary to qualify for an adoption.

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1 Answer | Asked in Criminal Law for Utah on

Q: I'm 16 & my boyfriend is 24 if the court charged him with anything and if we got married could I drop charges?

I'm 16 and at the time my boyfriend was 23 he just turned 24 in October, I got pregnant in July and we got reported being together he lives with my family & I. We've talked to a detective and CPS. My question is if the court charged him with anything and if we got married If I could drop the... Read more »

Brian K Jackson answered on Nov 21, 2016

It's up to the state to press and prosecute charges not the victim, so it will be their decision whether to move forward.

1 Answer | Asked in Real Estate Law for Utah on

Q: As a joint tenant on the warranty deed of a condo with one other individual, what are my financial obligations by law if

I am not on the mortgage?

Brian K Jackson answered on Nov 21, 2016

It depends on the language on how both of you own the property. There are different types of joint tenants. So you could be a joint tenant with right of survivorship or joint tenants in common. The later is more likely as the first one needs to have specific language in order to have a joint... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on

Q: Does my "answer to landlord summery"need to be delivered to him or can I fax it to his attorney

It's been filed with the court already

Brian K Jackson answered on Nov 21, 2016

If he is represented by an attorney then all correspondence would go to the attorney.

2 Answers | Asked in Copyright, Products Liability and Gaming for Utah on

Q: I'm making a baseball themed card game.

I'm using vintage pictures of cards from the early 1900's which are in the public domain. I'm wondering if their names are also safe to use? Thank you!

Brian K Jackson answered on Nov 21, 2016

There are a lot of different exceptions and it depends on when the author died, if they ever registered for protection and how long the works have been in the public domain or when they were put in the public domain

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1 Answer | Asked in Criminal Law for Utah on

Q: Receiving stolen goods. Felony or misdemeanor?

Brian K Jackson answered on Oct 28, 2016

Depends on how much the goods are worth.

2 Answers | Asked in Adoption for Utah on

Q: How do I adopt my former step-son (Kevin), who is now an adult?

We both consent to the adoption, but there are two issues that could create challenges:

1. Kevin's mother and I are divorced.

2. Kevin and I live in separate states. He lives in Utah, I live in Florida.

My questions:

1. Do I need consent from birth parents?... Read more »

Brian K Jackson answered on Oct 28, 2016

You could file in either state. Since he is an adult, you wouldn't need consent from the parents unless the parents still have guardianship of him. Adult adoptions are tricky and the judge will most likely want a decent explanation as to the reasoning.

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1 Answer | Asked in Criminal Law and Family Law for Utah on

Q: If a 16 yr old boy had sex with my 13 yr old daughter what type of charges can I press

Brian K Jackson answered on Oct 28, 2016

The state can charge criminal charges for the action. You can sue for civil damages and receive compensation for your daughter's pain and suffering.

1 Answer | Asked in Family Law for Utah on

Q: I have been the registered owner of a vehicle and paid for all the maintenance and insurance. she bought it who owns it

The title is in both our names, we are splitting up and now she want to keep the vehicle. She bought it so I could go back to work.

What I've spent on tires, insurance, registering and testing the vehicle is more than what she bought it for.

can I claim legal rights to the vehicle?

Brian K Jackson answered on Oct 28, 2016

Are you married on were never married? I assume you aren't. If you are on the title then you have a legal right to. The question is now what kind of agreement you can come to split the vehicle. What you put into the vehicle are good factors to consider.

1 Answer | Asked in Animal / Dog Law, Contracts and Divorce for Utah on

Q: Is a breeder contract my ex-wife signed during our marriage valid if I was awarded the dog in the divorce?

Seller is trying to take the dog back from me stating the contract says if the breeder can not care for the dog the seller has the right to reclaim.

Brian K Jackson answered on Oct 28, 2016

It depends. There are probably good arguments on both sides and what the language specifically says in the contract could determine the outcome.

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