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Questions Answered by Brian K Jackson
2 Answers | Asked in DUI / DWI for Utah on
Q: If I got arrested for DUI does that mean I will have a conviction on my record?
Brian K Jackson
Brian K Jackson
answered on Oct 28, 2016

You will not have a conviction until you plead guilty. However, even if the case gets dismissed, you will always have the DUI come up on your record saying that the case was dismissed. The only way to get it off permanently is to go through a expungement process a few years down the road if you... View More

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1 Answer | Asked in Traffic Tickets for Utah on
Q: How long does a speeding ticket last on a Utah Drivers License Record
Brian K Jackson
Brian K Jackson
answered on May 11, 2016

Forever unless you move for an expungement and a judge finds that you qualify.

1 Answer | Asked in Criminal Law for Utah on
Q: If someone is trying to find child porn and clicking on links thinking it could be child porn get arrested?

They don't know for sure if it is child porn and it ends up not being child porn. They have stopped doing that because they don't want to get arrested but still afraid that they might. They haven't ever viewed or found child porn.

Brian K Jackson
Brian K Jackson
answered on May 11, 2016

If they find enough evidence that the person was in possession of it they could charge them.

1 Answer | Asked in Uncategorized for Utah on
Q: Can someone call the cops if he leaves his stuff in my car and I no longer have it a year later?

I dated someone a year ago, he left some stuff in my car and is just now threatening to calm the cops. I don't have his stuff anymore, will I be changed?

Brian K Jackson
Brian K Jackson
answered on Mar 16, 2016

They would have to prove that you committed some kind of crime and it would depend on the facts and circumstances on how he left his stuff and if he made any attempts to retrieve it in the past year ect ...

1 Answer | Asked in Uncategorized for Utah on
Q: My boyfriend died on march 9 th. His brother pulled the plug. My boyfriend owns his house outright. I heard that he had

Protective order against him is that still valid since he has died?

Brian K Jackson
Brian K Jackson
answered on Mar 16, 2016

Probably not but the language of the protective order might say differently.

1 Answer | Asked in Constitutional Law for Utah on
Q: what amendment allows congress to remove someone their duties

Mr.mark Smith, a united states congressman, is reputed to have been a member of a neo-nazi fascist organization that renounced the constitution of the united states. what amendment and section in the constitution would allow congress to remove him from his duties. what would be required for removal

Brian K Jackson
Brian K Jackson
answered on Mar 16, 2016

They would have to try him under the impeachment provisions of Article II of the constitution.

1 Answer | Asked in Personal Injury for Utah on
Q: Can a US based attorney file a civil lawsuit against CREN, Serial Number 86436382, Registration Number 4755730

person was injured due to faulty ladder made by Cren. please answer this question under the basis that the ladder was defective and the person was seriously injured as a result. he has an attorney and they are telling him it is impossible to sue because the manufacturer is in china

Brian K Jackson
Brian K Jackson
answered on Mar 16, 2016

It depends on the facts of the case to determine whether or not it was due to a defect and whether or not there were any damages sustained from the defect.

1 Answer | Asked in Consumer Law for Utah on
Q: I just recently purchased a car from a dealership. If they change the contract can i refuse to sign the amended copy?

The vehicle was purchased on 2/21/2016 I signed a contract detailing an auto loan between 19-21% I belive they are sending me an amended agreement. If the terms are no longer agreeable what are my options?

Brian K Jackson
Brian K Jackson
answered on Mar 16, 2016

They would still be bound to the other terms of the first agreement if you don't agree to the new amendment.

1 Answer | Asked in Criminal Law for Utah on
Q: Hi : I have a theft case , can I fix this with a laWyer and the person affected out off the court? I mean skip court
Brian K Jackson
Brian K Jackson
answered on Feb 5, 2016

If the state or city has given you a criminal citation then you have to go through the court process. If you don't show up to court they will issue a warrant. It is good to get an attorney on board as theft can affect your immigration status, your employment, your housing and your credibility... View More

1 Answer | Asked in Criminal Law for Utah on
Q: I your a passenger and drugs are found. Can you and driver be charged. Receive blood test to receive internal possesion
Brian K Jackson
Brian K Jackson
answered on Feb 5, 2016

They can have enough evidence to charge you with possession if you are in the vicinity. If they have enough evidence to convict someone of that crime is another question. It would be good to sit down with an attorney and go over your story to figure out your culpability as well as how the officers... View More

1 Answer | Asked in Criminal Law for Utah on
Q: is retail theft and theft 2 difffrent cjharges
Brian K Jackson
Brian K Jackson
answered on Feb 5, 2016

Retail theft is a theft charge that is specific to a theft of retail. If they charged someone with two different theft charges with the same incident you will probably want to contact an attorney as there may be a double jeopardy issue. It's also good to contact an attorney for theft charges... View More

1 Answer | Asked in Estate Planning for Utah on
Q: My daughter owns a house. She is having a surgery and in the event that something should happen, she wants to make sure

that her house would go to me, her mother. In Utah what paperwork is required to complete her request. Is that something that we can do, or do we need to hire an attorney.

Brian K Jackson
Brian K Jackson
answered on Feb 2, 2016

If she does it herself, she has to execute the document in her own writing, not handwritten, or you can contact an attorney to make sure the will is legitimate.

1 Answer | Asked in Estate Planning for Utah on
Q: I have lived in my grandparents home for the last 10 years and now the poa in their living trust has removed them

They have plenty in savings to cover the cost but now the poa is telling me i either have to buy the house or get out cause she's gonna sell it. I am a 1/4 share beneificiary in their trust as well. Do I have to get out?

Brian K Jackson
Brian K Jackson
answered on Jan 29, 2016

I would need more information on how the trust is set up and who is named on the deed.

1 Answer | Asked in Divorce for Utah on
Q: My wife moved out, we will get a divorce soon. What are her obligations and options for paying her share of rent?
Brian K Jackson
Brian K Jackson
answered on Jan 29, 2016

You can ask for it in the temporary orders that she pay for the rent for the months she was living there.

1 Answer | Asked in Traffic Tickets for Utah on
Q: Have to appear at court for traffic violation, how worried should I be?

I got a ticket on Aug 31st, 2015 for following to close and cited as reckless driver on Dec 2nd for speeding 34/25. I had to appear at the court today. In the beginning I told the judge that I did not understand the whole thing and he suggested me to get a portuguese translator and get back in 2... View More

Brian K Jackson
Brian K Jackson
answered on Jan 29, 2016

You can't get a public defender on a traffic violation. If you are worried about your record it might be good to get a lawyer. If you pay the fine or take a plea in abeyance it will be counted as an automatic guilty that can affect your insurance.

1 Answer | Asked in Criminal Law for Utah on
Q: My wife is charged with assult on me and i realized that the mark was not made by her how do i drop the charges
Brian K Jackson
Brian K Jackson
answered on Jan 18, 2016

Talk to the prosecutor that is handling the case and explain to him the situation.

1 Answer | Asked in Probate for Utah on
Q: My father pass away. He was a vet and retied from hill air force Base. He showed me a will and some CDs stocks property

When he passed away, he left something to me and my brother. My brother wants me to sign probate papers. And is saying that there is nothing except the house that we have to sell. I do not know or have any of the info he has. I think he is hiding something from me and that I should know what he... View More

Brian K Jackson
Brian K Jackson
answered on Jan 18, 2016

Ask him to disclose the will before you sign anything.

1 Answer | Asked in Probate for Illinois on
Q: Does Father of deceased get deceased mother's share of inheritance if they were divorced?

Parents divorced. Mother dies in 1970s, Son dies 2015 intestate. Small estate. Does father (ex husband of mother) get the deceased mother's share of son's estate?

Brian K Jackson
Brian K Jackson
answered on Jan 18, 2016

Does the son have a wife or kids? They would inherit if there are any. If there aren't any predecessors then father would take because they are still both the parents to the son whether or not they are still together.

1 Answer | Asked in Employment Law for Utah on
Q: Can I be fired if I am a victim of identity theft and someone stole my paychecks?

I made a mobile deposit with my payroll check in September. My purse was taken and an attempt to redeposit my check was made. I notified my payroll department of the situation and told them to let me know if I needed to do anything else. Three weeks later I was fired because of this without them... View More

Brian K Jackson
Brian K Jackson
answered on Jan 18, 2016

Did you have a contract with them? And do you have their employee handbook?

1 Answer | Asked in Consumer Law for Utah on
Q: how do I prove that someone added wording to a contract after I signed?

I recently signed a contract for a gym. But after being emailed the copy I noticed that he had written stuff that was not previously in the contract including date I would be billed. I was told I had 30 days no payment no cancellation fee. Then if after 30 days I wanted to continue I would be... View More

Brian K Jackson
Brian K Jackson
answered on Jan 8, 2016

Do you have the original contract or the one they just e-mailed you? If you don't have an original, you could probably still prove that he added an amendment with your authorization if you didn't initial the amended portion.

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