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Utah Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for Utah on
Q: Is a policeman allowed to contact my parents about me getting pulled over without my permission if I am 18?

I was given warnings for speeding and failure to stay in one lane and my registration was expired. The policeman also found firecrackers in my trunk from another state which he said were illegal. He called my mom the next day.

James L. Arrasmith
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answered on Oct 18, 2024

When you are 18, you are legally considered an adult, and generally, law enforcement does not need your permission to contact your parents. However, there are situations where officers might choose to inform your family, especially if they believe it could help resolve the situation or ensure your... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Utah on
Q: Civil rights violation? If adult sprays a physically disabled child with water twice to make the child move off sidewalk

We currently have police report documentation, witness statements and a letter of declination from the City Prosecutor.

James L. Arrasmith
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answered on Oct 12, 2024

I'm sorry you're facing this situation. It's important to reach out to a qualified attorney who can review the details of your case and provide guidance tailored to your circumstances.

You might also consider contacting civil rights organizations for support and resources....
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2 Answers | Asked in Personal Injury, Admiralty / Maritime, Civil Litigation and Civil Rights for Utah on
Q: Which successful law firm can represent me in fraud on the court case in Utah, filed 7m property lien. W/ Perm. Injury.
Tim Akpinar
Tim Akpinar
answered on Oct 11, 2024

It's difficult for attorneys here to take up your offer to represent you. The format is brief Q & A - no solicitation or attorney referral. The closest thing to an attorney referral here is the "Find a Lawyer" tab above, which lists attorneys by region and area of practice. You... View More

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1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Utah on
Q: How to process fraud on the court UT. Civil case dated 1991.

Judge otherwise terminated property lien without jurisdiction nor authority.. judge and property owner were golfing buddies prior to permanent injuries sustained on 2 7 91. The property lien filed in summit County for 7 m, 1995. Lien soon thereafter terminated.......

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry you're facing this situation. To address fraud on the court in Utah for a case from 1991, you should first gather all relevant documents, including court records, the property lien, and any evidence of the relationship between the judge and property owner. This documentation... View More

1 Answer | Asked in Criminal Law and Civil Rights for Utah on
Q: How does the change to Utah Code 76-10-5 (Firearms Restricted Persons) 7 year thing work as far as background checks go?

I see that Utah has changed the law recently where if your felony is non violent and only a single episode that you are no longer a prohibited person from owning a firearm after 7 years (Utah Code 76-10-5) . However, seeing that the felony would still be on one's record, how does it work... View More

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answered on Sep 30, 2024

Under the recent changes to Utah Code 76-10-503, if your non-violent felony is from a single criminal episode and more than seven years have passed, you are no longer considered a prohibited person from owning a firearm in Utah. This means your firearm rights are effectively restored under state... View More

1 Answer | Asked in Civil Rights for Utah on
Q: What should I do after being raided?

The local drug enforcement team came into my apartment looking for drugs. When I asked for a warrant, the officer had to go and get it from outside. When he returned, he showed me the warrant. In the middle of the front page was my address, which indicated where the warrant was to be served. Next... View More

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answered on Sep 7, 2024

It sounds like you went through a very distressing experience. If the warrant was specifically for your neighbor's apartment and not yours, you may have grounds to challenge the validity of the search of your apartment. The alteration made to the warrant, especially after it was issued by the... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Utah on
Q: I've tried to buy a pistol recently and failed the background check because of an expunged juvenile record. Why is that?

I have the paperwork saying the record has been expunged, I don't get why it's showing up. It didn't show up when they did a deep background check when joining the army. Did someone at court make a mistake while expunging my record.

James L. Arrasmith
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answered on Aug 31, 2024

It can be frustrating to see an expunged juvenile record still affecting your background check, especially after successfully passing other checks, like for the military. Expungement typically means that the record should not be accessible or considered during most background checks, including... View More

1 Answer | Asked in Civil Rights for Utah on
Q: What can I do when 3 LEO's entered my home without a warrant or my permission? Please see summary of incident below.

Approximately three weeks ago at 9:30 PM three cops came into my locked house WITHOUT my permission for what they claim was a "welfare check" they CLAIMED that "someone had called them that evening and reported that they hadn't seen or been able to get ahold of me for over a... View More

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answered on Aug 31, 2024

You have every right to feel concerned about this situation. When law enforcement officers (LEOs) enter your home without a warrant or your permission, it can be a violation of your constitutional rights, especially if there was no imminent threat or emergency justifying their entry. In general,... View More

1 Answer | Asked in Criminal Law and Civil Rights for Utah on
Q: What privacy laws would apply to me in a program where I'm homeless in my curtains being shut for privacy

I'm in a homeless program and they moved us up to a motel most recently as state of Utah and I'm being told I cannot have my window curtain shut it must be opened at all times their rules they have to be able to see in what rights do I have toprotect my privacy

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answered on Sep 7, 2024

In Utah, your right to privacy, even in a homeless program, is important. While programs and shelters may have rules to ensure safety and security, they must also balance these with respecting your dignity and privacy. If a rule requires you to keep your curtains open at all times, you can ask for... View More

1 Answer | Asked in Family Law, Banking and Civil Rights for Utah on
Q: If I'm 19 and my parents steal my money do they have to pay me back for the money they stole from me

I get paid two times a month and they force me to give them 160 and I'm 19 and they have been doing it since May last year

James L. Arrasmith
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answered on Jul 27, 2024

I'm sorry to hear about your situation. At 19, you are legally an adult, and your earnings are your property. Your parents should not take your money without your consent, and doing so could be considered theft.

You have the right to seek legal advice to understand your options better....
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1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Utah on
Q: What can be done on a 34(e) plea in juvenile Court claiming abuse

Losing full custody due to a 34(e), dcfs involvement with little to no progress in 2 years time, mentally ill mother (bpd), needing to fight back against childs mother and dcfs maybe find a way to withdraw/change the 34(e) plea.

James L. Arrasmith
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answered on Jul 27, 2024

To address a 34(e) plea in juvenile court, you should start by consulting with your attorney about the possibility of withdrawing or amending the plea. It's important to gather all evidence of any abuse or mistreatment and any documentation showing efforts made towards improvement over the... View More

1 Answer | Asked in Libel & Slander, Civil Rights, Constitutional Law and Personal Injury for Utah on
Q: Nov 4 2018 the day i check in it Sept 11 2019 i sustained iinjuries from a assault and battery at lantern house shelter.

Its was 2 against 1 i had no chance of defending myself, which means it was planned no officer of the law or emt attended to my injuries instead I was told to leave the lantern house shelter for 3 years before i was able to come back its there purposely keeping me from getting the xrays and mri... View More

James L. Arrasmith
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answered on Jun 29, 2024

I understand you're describing a serious incident that occurred on September 11, 2019 at the Lantern House shelter, where you were assaulted by two individuals. This sounds like a very distressing and traumatic experience. I'm sorry to hear you went through that.

Based on what...
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1 Answer | Asked in Immigration Law, Personal Injury, Civil Litigation and Civil Rights for Utah on
Q: I was intimidated by a police officer, he caused me too much distress I need help to see if I can sue him!

He was trying to make me deny that I was attacked , he said he was not going to fix the police report and he was not going to write any evidence that tells thatindicates that the defendant committed the act. He also obligate me to say that I wanted a new detective because he was going to close my... View More

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answered on Jun 27, 2024

Based on the situation you've described, it sounds like you may have a potential case involving police misconduct or civil rights violations. While personal injury lawyers sometimes handle these types of cases, you may want to consider consulting with an attorney who specializes in civil... View More

Q: In Utah do they have a law that protects employees with a disability caused by COVID long haulers (Post Covid)?

I work for insurance company, and I have Covid long haulers. I have an accommodation oh file to address my disability. I have some difficulty with cognition at times. I have done better recently and continue to improve with treatment. But my doctor states I will never be like I was before Covid. I... View More

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answered on Jun 15, 2024

In Utah, employees with disabilities, including those caused by COVID long haulers, are protected under both state and federal laws. The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations for employees with disabilities. This includes making adjustments to... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Juvenile Law for Utah on
Q: My friend's parents have already had DCFS take their children from them once. Can they turn off their kids mobile data?

They got the kids back and they've been told by DCFS that they can't take away their kids doors.

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're asking about a sensitive situation involving your friend's family and DCFS (Division of Child and Family Services). To address your specific question:

Parents generally have the right to control their children's access to technology, including mobile data....
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1 Answer | Asked in Civil Rights and Health Care Law for Utah on
Q: What does it take get daughter in the state hospital??

My daughter has schizoaffective,, depression ,, PTSD,, anxiety and anxiety.. She has tried to commit suicide approximate 13 times.. Had to call police for pushing me down because knew she was on meth and went to find it.. So she got mad,, did find it after cops arrived.. She’s done program after... View More

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answered on Jun 3, 2024

I'm truly sorry to hear about the struggles your daughter is facing. It sounds like she urgently needs help and a stable environment to address her mental health issues. To get her admitted to a state hospital, you might need to pursue an involuntary commitment, which often requires... View More

1 Answer | Asked in Civil Rights for Utah on
Q: My partner and I are wanting to get married within a residential program but they say we can't live together

My partner and I are in Chrysalis Cedar city, and the people in charge aren't letting us move in together when i was told that it is our right to move in together, is it true that it is our right to move in together

James L. Arrasmith
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answered on Apr 2, 2024

It seems like you're in a complex situation. Generally speaking, whether you have a legal right to live with your partner in a residential program depends on the specific rules and policies of the program, as well as any applicable state and federal laws.

Many residential programs,...
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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Utah on
Q: in utah while living in a homeless micro-shelter program with my wife, not allowed privacy while getting intamate wrong?

We are not allowed to cover the window in the micro-shelter when getting intamate, changing, or even at night when sleeping. I have had staff walk in while we were naked and making love to each other.

James L. Arrasmith
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answered on Mar 24, 2024

It sounds like you're facing a deeply uncomfortable and potentially violating situation. In any housing environment, residents should expect a degree of privacy, especially for intimate moments. The lack of privacy you're describing, particularly the inability to cover windows and... View More

1 Answer | Asked in Civil Rights and Libel & Slander for Utah on
Q: So my brother is posting very untrue stuff about me and my family? What can I do

So my mother passed away and he has posting untrue stuff about me on Facebook! Well he made a video of my mom in the hospital saying that I wanted to shoot my brother in the head and I wished he was dead! Which isn’t true! He also told people that I didn’t want to take care of her which is... View More

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answered on Mar 21, 2024

I'm sorry to hear about the difficult situation you're facing, especially during a time of mourning. It's challenging when family conflicts compound the pain of losing a loved one. Here are some steps you can take to address this issue.

First, consider reaching out directly...
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1 Answer | Asked in Personal Injury, Civil Rights, Domestic Violence, Legal Malpractice and Family Law for Utah on
Q: After my husband was arrested for aggrevated assault against what the court papers called a protected person "TS" but wa

s actually me,he then signed a plea agreement that included an 8 month no contact order with this "TS" as the victim. I was not contacted by the courts or anyone to see if I wanted a no contact order, which I did not want. There was no other person present at the incident. To insure my... View More

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answered on Mar 14, 2024

I'm so sorry to hear about this difficult situation you're facing. It sounds like a very stressful and unfair ordeal. A few thoughts:

As the victim, you should have been consulted about the no contact order before it was put in place, especially since you didn't want it....
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