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Utah Civil Rights Questions & Answers
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

James L. Arrasmith
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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

James L. Arrasmith
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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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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Utah on
Q: If you roofie someone then coerce them to drive on the highway to ensure they're driving when knocked out. What crime?

This happened to me.I have spent the last 12 years trying to get justice ever since. It's a disgusting abomination of justice I am determined to correct.

James L. Arrasmith
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answered on Feb 23, 2024

What you experienced is a serious criminal offense that involves multiple violations of the law. Roofie-ing someone with the intent to incapacitate them and then coercing them to drive while they are unconscious constitutes a range of offenses, including but not limited to drug-related crimes,... View More

2 Answers | Asked in Appeals / Appellate Law, Traffic Tickets and Civil Rights for Utah on
Q: Do I have reason to Appeal a Parking Citation if is was placed in my car ( entered the vehicle ) without my permission

My car was closed and yet I found a parking Citation paper placed on my seat.Park City Policeman opened the door without me there and put the parking citation on the seat. I had been parked without a payment ticket for apx 15 minutes + or - 1 or 2 , usually there is a 15 minute grace period before... View More

James L. Arrasmith
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answered on Feb 23, 2024

It is understandable to feel frustrated and concerned about the situation regarding the parking citation placed in your car without your permission. The action of a Park City Policeman entering your vehicle without your presence raises questions about privacy and proper protocol. While there may be... View More

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1 Answer | Asked in Civil Litigation, Civil Rights and Municipal Law for Utah on
Q: Can Park City Tow Keep My Social Security Card and Birth Certificate after towing my friends Car?

My friends car was towed from town lift parking garage and park city tow refused to give me any of my possessions back including my prescription glasses, Birth Certificate and Social security card. This has prevented me from being able to get a Job and made me homeless.

James L. Arrasmith
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answered on Jan 29, 2024

In Utah, a towing company generally does not have the right to withhold your personal belongings, including your Social Security card and birth certificate, after towing a vehicle. These items are your personal property and should be returned to you.

It's recommended to contact the...
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1 Answer | Asked in Civil Rights and Constitutional Law for Utah on
Q: Police walked in my garage&detained me for not letting em in. Took my phone wouldn’t let me record. Much more.CanIfight

I called on the neighbor but they told them someone lived here had a warrant. He doesn’t live w me & he left earlier but they arrested me & took my phone & pushed me around wouldn’t let me record or call my mom to get my kids & I sat in copCar w cuffs so tight for 2hrs. They... View More

James L. Arrasmith
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answered on Jan 21, 2024

In your situation, there are several legal concerns that should be addressed. Firstly, the legality of the police entry into your garage and subsequent actions depend on whether they had a warrant, exigent circumstances, or another legal justification for entry. Without a warrant or exigent... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Utah on
Q: I submitted my lawsuit complaint on November 17 2023 and it’s hasn’t move from there cant I ask the judge for review

Can I ask the judge to speed up case so I could server defendants to be served

James L. Arrasmith
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answered on Jan 2, 2024

If you haven't already, consider consulting with an attorney experienced in civil litigation. They can provide guidance on the best course of action, help with drafting and filing any necessary motions, and ensure that your case is being handled efficiently.

Remember, while the legal...
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1 Answer | Asked in Civil Rights and Constitutional Law for Utah on
Q: When conducting a search warrant can police use excessive force on me and my children even if we are complying?

Police came banging on my door not once did they announce who they were or that they had a search warrant. I grabbed my pitbull and asked if I can put her in the kennel before they completely broke down my door . They kicked it in and all i can see is guns pointing at me and my two children and... View More

James L. Arrasmith
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answered on Dec 23, 2023

Under Utah law and the U.S. Constitution, police are required to conduct themselves in a manner that respects your civil rights, even when executing a search warrant. The use of force must be reasonable and proportionate to the situation. Excessive force, especially when you and your children are... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Utah on
Q: Does a specific antibody deficiency disorder fall under the category for ADA disability act? I also am Rh- F5 owrens?

F5 is factor 5 Owrens disease where my blood is missing the clotting antigen. My employer put me on desk work took away my fridays claiming to accomodate my disorder. I lost 1400.00 mo due to this "accommodation".

James L. Arrasmith
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answered on Dec 6, 2023

Under the Americans with Disabilities Act (ADA), a disability is defined as a physical or mental impairment that substantially limits one or more major life activities. Specific antibody deficiency disorder and Factor V (F5) Owren's disease, given their impact on your health and potentially on... View More

2 Answers | Asked in Personal Injury and Civil Rights for Utah on
Q: Can a loss prevention employee after placing a person in handcuffs slam them against a wall when they are 100% complying

A loss prevention employee of WinCo placed a person in handcuffs when the person was complying to their orders a loss prevention employee came behind them slamming them into a wall giving them a black eye. Claiming merchant law

James L. Arrasmith
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answered on Dec 5, 2023

In Utah, loss prevention employees have certain authorities under the state's merchant law, such as detaining individuals suspected of shoplifting. However, this authority is not unlimited and must be exercised within the bounds of the law.

If a person is fully complying and poses no...
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1 Answer | Asked in Civil Rights and Constitutional Law for Utah on
Q: Can an officer take your phone from you while you are being detained because they don't want you to record it?

This happened in Utah

T. Augustus Claus
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answered on Nov 14, 2023

Police officers cannot take your phone from you while you are being detained because they don't want you to record it. The Fourth Amendment to the United States Constitution protects your right to be free from unreasonable searches and seizures, and this includes your right to record police... View More

1 Answer | Asked in Immigration Law and Civil Rights for Utah on
Q: If a citizen married an immigrant does that immigrant become a citizen

My friend is having trouble getting medicine for epilepsy because they say he's not a citizen but he's married and has filed w-2s before

Monica E Rottermann
Monica E Rottermann
answered on Nov 29, 2022

No, marriage to a U.S. citizen does not confer citizenship on the spouse. Your friend’s wife would have to immigrate him for him to obtain lawful permanent residency in the United States. Your friend should consult with an immigration attorney to find out if he is eligible to immigrate through... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Utah on
Q: Can they charge burglary if never entered building and was just giving a ride with no knowledge of a crime happening

2 people I know robbed a business in utah stealing the safe. I had no idea a crime was committed and was only there because they called for a ride home and gave me an address . I'm seen o. Camera picking them up but never got out of the car and only drove them home and left. Was pulled over... View More

Catherine Cleveland
Catherine Cleveland
answered on May 17, 2024

It sounds like there is something off about your case when and where do you have court?

2 Answers | Asked in Consumer Law, Personal Injury, Civil Rights and Constitutional Law for Utah on
Q: Can you sue a company for posting pictures of something you constructed (built) with out recognizing you as the builder?
T. Augustus Claus
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answered on Oct 24, 2023

In Utah, you can potentially sue a company for using pictures of something you built without crediting you, but the outcome depends on various factors. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

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1 Answer | Asked in Civil Rights and Employment Discrimination for Utah on
Q: Can I take my employer to civil court if I am waiting for eeoc interview and I have solid proof of discrimination
Benton Matthew Eskelsen
Benton Matthew Eskelsen
answered on Mar 30, 2023

In short, no. You have to exhaust the administrative remedies before seeking recourse through a personal civil law suit. An employment attorney could help you navigate how to expedite the process, however.

1 Answer | Asked in Criminal Law and Civil Rights for Utah on
Q: I am being charged two second and one third degree felonies for a house I used to live in getting raided 4 months after

I had already moved

Aric M. Cramer
Aric M. Cramer
answered on Feb 21, 2023

Well you haven't asked a question, so I don't have a response other than if you would like a consultation feel free to call my office and set up a phone or in person meeting.

1 Answer | Asked in Criminal Law and Civil Rights for Utah on
Q: I thought I would have a trial after pleading not guilty but instead I'm facing disposition in court today. Why.
Lance E. Bastian
Lance E. Bastian
answered on Jan 31, 2022

It sounds like whoever set the disposition hearing was under the impression you were ready to change your plea. If you have been arraigned (which is to say you have formally entered a not-guilty plea), that would be the only reason to set it for disposition. Don't worry, though. Unless you go... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Utah on
Q: CAN I USE ANOTHER STATE'S SUPREME COURT RULING IN MY STATE?

“But the interpretive rule of legislative acquiescence bars us from disregarding that body’s failure to amend the drug possession statute for the last 40 years.” - IN THE SUPREME COURT OF THE STATE OF WASHINGTON "...statute was unconstitutional, violating due process clause protections... View More

Lance E. Bastian
Lance E. Bastian
answered on Jan 31, 2022

The short answer is "yes." Prior precedent within the state is referred to as binding or controlling, as lower courts are required to follow it and appellate courts (simply put) would have to overrule it to depart from it. Authority from other jurisdictions is considered... View More

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