Questions Answered by Brian K Jackson

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

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Utah on
Answered on Jul 28, 2017
Brian K Jackson's answer
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.

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

1 Answer | Asked in Animal / Dog Law and Personal Injury for Utah on
Answered on May 1, 2017
Brian K Jackson's answer
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 are trying to sue them for just not requiring the kids to wear a helmet, that isn't enough.

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

1 Answer | Asked in Divorce for Utah on
Answered on May 1, 2017
Brian K Jackson's answer
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 aren't entitled to normal marital assets.

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

1 Answer | Asked in Family Law and Civil Rights for Utah on
Answered on May 1, 2017
Brian K Jackson's answer
Might need more details to this. The question is, if the attorney didn't show up, then who is presenting the evidence?

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

2 Answers | Asked in Landlord - Tenant for Utah on
Answered on May 1, 2017
Brian K Jackson's answer
Month to month is 30-days so you need to give 30-days notice.

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

1 Answer | Asked in Criminal Law, Family Law and Federal Crimes for Utah on
Answered on Dec 10, 2016
Brian K Jackson's answer
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.

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

1 Answer | Asked in Divorce and Child Custody for Utah on
Answered on Dec 10, 2016
Brian K Jackson's answer
It is a court order so if you go against it you could be found in contempt.

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

1 Answer | Asked in Family Law for Utah on
Answered on Dec 10, 2016
Brian K Jackson's answer
Utah has jurisdiction but you will need to transfer the Idaho decree to Utah.

Q: What are my options?

1 Answer | Asked in Family Law and Child Custody for Utah on
Answered on Nov 21, 2016
Brian K Jackson's answer
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.

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

2 Answers | Asked in Adoption and Family Law for Utah on
Answered on Nov 21, 2016
Brian K Jackson's answer
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.

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

1 Answer | Asked in Criminal Law for Utah on
Answered on Nov 21, 2016
Brian K Jackson's answer
It's up to the state to press and prosecute charges not the victim, so it will be their decision whether to move forward.

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

1 Answer | Asked in Real Estate Law for Utah on
Answered on Nov 21, 2016
Brian K Jackson's answer
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 tenancy with survivorship.

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

1 Answer | Asked in Landlord - Tenant for Utah on
Answered on Nov 21, 2016
Brian K Jackson's answer
If he is represented by an attorney then all correspondence would go to the attorney.

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

2 Answers | Asked in Copyright, Products Liability and Gaming for Utah on
Answered on Nov 21, 2016
Brian K Jackson's answer
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

Q: Receiving stolen goods. Felony or misdemeanor?

1 Answer | Asked in Criminal Law for Utah on
Answered on Oct 28, 2016
Brian K Jackson's answer
Depends on how much the goods are worth.

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

2 Answers | Asked in Adoption for Utah on
Answered on Oct 28, 2016
Brian K Jackson's answer
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.

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

1 Answer | Asked in Criminal Law and Family Law for Utah on
Answered on Oct 28, 2016
Brian K Jackson's answer
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.

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

1 Answer | Asked in Family Law for Utah on
Answered on Oct 28, 2016
Brian K Jackson's answer
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.

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

1 Answer | Asked in Animal / Dog Law, Contracts and Divorce for Utah on
Answered on Oct 28, 2016
Brian K Jackson's answer
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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