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Utah Questions & Answers
1 Answer | Asked in Family Law and Adoption for Utah on
Q: My husband would like to adopt our daughter. Bio has no contact for 3+ yrs and is not on birth certificate. Do I have to

Do I have to contact him in order to go through with the adoption?

Jason F. Barnes
Jason F. Barnes
answered on Jul 8, 2022

Although your question may seem to be an easy one, there are many other questions that need to be asked in order to assess whether or not notice is necessary. If you would like to give us a call, we can certainly talk about the specific details of the case and answer your question. If you are not... View More

1 Answer | Asked in Criminal Law for Utah on
Q: Charge is Possession of a credit card. It was found in my bosses vehicle and I was charged

I was taking a nap in the vehicle when a cop showed up . Keep in mind we’re at my work property, the cop knocks on the rear passenger window and says we got a call on a dog in the back of a vehicle.

William Melton
William Melton
answered on Jul 7, 2022

There isn't enough information here. What is your question? You should contact an attorney directly for assistance. If you have been charged with a crime and cannot afford an attorney the court will appoint one for you.

1 Answer | Asked in Traffic Tickets for Utah on
Q: If a cop is from another city and pulled you over, but did not get approval from the city where the stop happened

is it an automatic dismissal? 77-9-3 2a

William Melton
William Melton
answered on Jul 6, 2022

No, a cop has jurisdiction all over the state.

1 Answer | Asked in Employment Law for Utah on
Q: Is a work safety policy that prohibits workers from leaving the building to go home or to the restroom legal?

When lightning is reported within a certain number of miles, employees are prohibited from leaving the building until no strikes have been recorded for 30 minutes. They are told they cannot go home if this happens at the end of shift and are also prohibited from using restroom facilities which are... View More

Mike Branum
Mike Branum
answered on Jul 1, 2022

So many issues.

"Is it legal?" is a loaded question. There is nothing specifically illegal about having a policy in place. Employers can make a policy about nearly anything and employees may choose to follow the policy, seek other employment, or ignore the policy and risk...
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2 Answers | Asked in Criminal Law for Utah on
Q: My boyfriend hes being charged with burglary on 3rd degree with unlawful intry he being charged on a fingerprint only

They have him in jail since April 17 on a fingerprint his appointed lawyer don't help him he just wants him to sighn a paper to send him to prison I dont think he should be in there only for a fingerprint they have no other evidence against him hes not on camera they have no Witnesses the... View More

Aric M. Cramer
Aric M. Cramer
answered on Jun 27, 2022

You need to hire an attorney to represent him then.

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1 Answer | Asked in Divorce for Utah on
Q: Am I entitled to a portion of my wife's house even though it's in her and her mom's name

It was purchased while we were together but not married yet

Paul Waldron
Paul Waldron
answered on Jun 28, 2022

As always, it depends. What was the arrangement between your wife and her mother in the purchase of the home, did your wife use premarital money to make payments towards the home (taxes, maintenance, mortgage, etc.) during the marriage, or did you have a premarital or postmarital agreement... View More

1 Answer | Asked in Car Accidents for Utah on
Q: Is it wise to allow an opposing ins. co. access to my prior medical files from date of a rear -end car accident?

I was rear-ended in Nov. '21. I had prior back issues, but have had increasing pain since the accident. The opposing ins. co. wants to access my medical files from 2018. Do I need to allow this in order to settle the claim?

Tim Akpinar
Tim Akpinar
answered on Jul 4, 2022

A Utah attorney could advise best, but your question remains open for two weeks. As a general matter nationwide, insurance carriers typically do make requests for records of previous accidents. This is particularly true where injuries might be similar to those from earlier accidents, or where there... View More

1 Answer | Asked in Real Estate Law for Utah on
Q: What happens when our agent told us he sent an extension of the deadlines and they accepted it but they never did?

Agent never sent the amendment to the sellers agent and now we have been in a breach of contract for about two weeks without even realizing it because we were under a different impression. What can we do in that case?

Kenneth Prigmore
Kenneth Prigmore
answered on Jun 22, 2022

The first question will be whether anything negative happens to you as a result. If you don't have to pay anything extra, and you don't lose an opportunity, then there isn't normally much you can do about it.

Read your real estate purchase contract to see what if any...
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1 Answer | Asked in Criminal Law and Employment Discrimination for Utah on
Q: Is it illegal for a person to lie to police, in an attempt to have someone punished for crimes they didn’t commit?

It just seems like certain demographics of people are used to complaining and using the police to manipulate and get things they want. For example, someone accuses hotel staff for stealing there jewelry, in an attempt comp a free room or reimbursement. They then claim they saw a hotel maid wearing... View More

William Melton
William Melton
answered on Jun 20, 2022

The short answer is yes. Lying to the police is illegal and you can get charged with obstruction of justice. Lying to hotel staff is not lying to law enforcement (police).

1 Answer | Asked in Criminal Law and Car Accidents for Utah on
Q: I believed my neighbors where telling the truth regarding me hitting a mail box but I’m realizing they lied?

I was unloading a uhaul, I didn’t consider my blood sugar. I went to move the Uhaul in front off townhomes and out of the alley, my neighbors chased me, I freaked out, I saw one of them wave me down. Came to my senses and stoped to talk to him. They told me, didn’t I notice I hit a mail box, I... View More

Mike Branum
Mike Branum
answered on Jun 20, 2022

You have described an incident but you have not asked a question. It appears you have three paths moving forward: 1) pay the fine and take the conviction as is - simplest and quickest resolution which likely has the most significant impact on your insurance (you may want to contact your insurance... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Utah on
Q: In Utah, if a prohibited person on probation lives with you, does the host forfeit their 2nd and 4th amendment rights?

Are safe rooms or a locked Master bedroom where the prohibited person does not have access, legal to store prohibited items?

Mike Branum
Mike Branum
answered on Jun 17, 2022

No, the host does not forfeit their rights, but exercising those rights would likely send the prohibited person to prison. The prohibited person has lost the right to live with someone whose rights have not been limited without inconveniencing that person with having to live AS IF they had also... View More

1 Answer | Asked in Criminal Law for Utah on
Q: Let me ask that in a better way, do you have to have intent to to commit a crime?

Because I pulled over and talked to my neighbors, and I told them to get the information from truck and they knew where I lived and who I was. I even called the HOA and asked my neighbors if they were ok with me returning the truck and getting my car. And they said it was fine. But I’m told none... View More

Lance E. Bastian
Lance E. Bastian
answered on Jun 14, 2022

The answer to your question is that you have to have whatever mental state is required as an element of a particular crime. Some crimes must be committed intentionally or with intent, in which case yes, they would have to prove intent. Some crimes can be committed knowingly, recklessly, with... View More

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Landlord - Tenant for Utah on
Q: Is it ok that the state of Utah doesn’t have to prove intent to commit a crime, because they assume everyone lies?

I’ve spoken with multiple attorneys and they said that, in the state of Utah, it doesn’t matter. If you know the laws, because the courts in Utah believe that if they required intent, then everyone would just lie and say they didn’t know the laws.

Utah gets a lot of tourism, and... View More

William Melton
William Melton
answered on Jun 14, 2022

It depends on the law, but the overwhelming majority of crimes have an intent requirement that must be proven. There are some crimes such as DUI that are considered strict liability crimes and the state does not have to prove intent. I don't know what attorneys you're talking to, but I... View More

1 Answer | Asked in Family Law for Utah on
Q: In Utah are you required to turn over financials in a grandparent visitation case?

I don't want opposing side to know I'm almost out of money to keep fighting for visitation.

Paul Waldron
Paul Waldron
answered on May 31, 2022

Short answers, based on the following, applicable rule, are sort of, maybe, and yes, unless you seek a discovery protective order (which will cost even more money and may not be granted).

This is from Rule 26.1, Utah Rules of Civil Procedure...
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1 Answer | Asked in Health Care Law for Utah on
Q: Does your insurance pay if you're referred from a Dr or is it special thing that insurance won't go through the Dr?

If you get referred to a dental surgeon for wisdom teeth because they are wrapped around nerves or veins, would insurance pay for it?

Tim Akpinar
Tim Akpinar
answered on Jun 1, 2022

A Utah attorney could advise best, but your question remains open for two weeks. Insurance practices are generally governed by state law. But in general nationwide, it can be a matter of demonstrating to the carrier the need for the referral based on "medical necessity." It sounds like... View More

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Ladder outside my bedroom window. Is this against a reasonable expectation of privacy?

My apartment complex is replacing the roof and in the meantime maintance has put their ladder that they climb up and down all day outside my bedroom window and the complex didn’t give any warning that they would have noisy work going on so it has been interfering with my ability to work (I work... View More

Kenneth Prigmore
Kenneth Prigmore
answered on May 17, 2022

You do have a reasonable expectation of privacy, but even more, you have a reasonable expectation of safety. Take time to think through the problem, any possible solutions (like a better place to put the ladder) and then write them down, sign and date it, save a clear photo or scan of the document,... View More

1 Answer | Asked in Traffic Tickets for Utah on
Q: Given a ticket for speeding on I15, officer didn't write my license info on the ticket, just my name. NY state. plead no

I was given a ticket for speeding on I15 , officer did not write my driver's license information, just my name, I have a NY state license. I want to fight the ticket for lack of information on the ticket and I went to court to dispute it for missing information on the ticket. Is it enough for... View More

William Melton
William Melton
answered on May 9, 2022

The short answer is no. There is a misconception that some missing or inaccurate information on a ticket is grounds to have it dismissed, but unfortunately that isn't the case. Any issues in the ticket can be fixed by the prosecutor and things like your driver license number are just ways to... View More

1 Answer | Asked in Criminal Law for Utah on
Q: Whyd you assume I just wanted to complain about loosing a case?

My attorney gave me empty promises told me a price then that price sky rocketed right after his promise fell through. He then told me if I go to treatment and and stay in contact with him I won't get a warrant well multiple rehabs and calling him withy case managers and talking to his clerk... View More

William Melton
William Melton
answered on May 8, 2022

I would suggest reviewing the agreement you signed with the attorney and seeing if they will discuss it with you. If they told you it would cost one amount and changed it it may explain why in the agreement you signed. It is impossible for anyone to explain why an attorney would have advised you a... View More

1 Answer | Asked in Criminal Law for Utah on
Q: I had a bad court experience and got told to get an attorney or go to the BAR and I want to know if it's worth my time
William Melton
William Melton
answered on May 8, 2022

You cannot go to the Utah Bar because you had a bad court experience. Attorneys have certain standards that they must follow for ethical and other reasons. The Bar oversees those ethical guidelines. They're not the attorney's supervisor that you complain to if you lost a case. If you feel... View More

1 Answer | Asked in Landlord - Tenant for Utah on
Q: can a landlord deduct from the security deposit every time you resign?

I began my tenancy in 2018 with a $2,400 deposit (20% non refundable). I have signed a new lease every year since and every term 20% is deducted. Now the lease sows $984 as the deposit. Is this legal?

Kenneth Prigmore
Kenneth Prigmore
answered on May 6, 2022

The answer depends on what you agreed to. An attorney will need to review each of the rental agreements you signed to be sure. Also, you can ask the landlord to produce a document that shows how that money was applied to specific costs and expenses.

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