Utah Questions & Answers

Q: can video evidence in one crime be used as evidence in a second crime to prove identity?

1 Answer | Asked in Criminal Law for Utah on
Answered on Aug 9, 2018
Mr Aric M Cramer Sr.'s answer
An attorney would need much more information on this issue to advise you. Call a local defense attorney for a consultation.

Q: Mom passed. She put car in "her name OR my name. My car now. Is this part of probate? Family fighting for car.

1 Answer | Asked in Probate for Utah on
Answered on Aug 9, 2018
Wesley Winsor's answer
No, if the title was held in the "A or B" fashion then it means that you owned it as a joint tenants. Joint tenancy carries with it a right of survivorship which means that upon the death of one joint tenant (your mom) you inherit the entire property (the car).

You will need to take the death certificate as well as an affidavit of survivorship with you to the DMV and you can get it retitled in your name only.

I hope this helps.

Wes

Q: Why would someone need to sign a document so he or she can become the personal representative of a deceased person

1 Answer | Asked in Probate for Utah on
Answered on Aug 9, 2018
Wesley Winsor's answer
Hi,

There are a couple of different times in which someone might sign an "acceptance of appointment". Some attorneys as part of their estate plan preparation will have an "acceptance of appointment" type document wherein the person nominated in the person's will, accepts to serve as that position. This does a couple of things, 1) it puts the future PR (personal representative) on notice that the willmaker wants him/her to serve and it also lets the willmaker know that the future PR is...

Q: Can a judge keep making you restart supervision with no end in sight torment&continues still years over even no illegal?

2 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Federal Crimes for Utah on
Answered on Jul 31, 2018
Gary Kollin's answer
You need to consult directly with an attorney. Your facts are not sufficient to understand what occurred. Moreover, you have one long run-on sentence so it is virtually impossible to parse

Q: If you paid for the item before you left the store can you still be charged with shoplifting?

2 Answers | Asked in Criminal Law for Utah on
Answered on Jul 23, 2018
James J. Lee's answer
Unfortunatley yes, you can still be charged. Based on what you are saying the store would have several reasons to believe you had the intent to steal the item.

Luckily, there are always possible defenses and/or ways to mitigate damages.

Q: Can the police go inside a home to do a welfare check even if they arrest the person who owns the home?

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Utah on
Answered on Jul 22, 2018
Mr Aric M Cramer Sr.'s answer
Well they can because they did. The issue is the condemnation of the home. You will need to contact a real estate attorney who is familiar with this area to get a specific legal opinion.

Q: I was served I responded they never filled. I was served again. What are my rights?

1 Answer | Asked in Bankruptcy and Consumer Law for Utah on
Answered on Jul 20, 2018
Michael Sundwall's answer
Sounds like you were served with a 10-day summons. The plaintiff can you use a 10-day summons to serve a lawsuit (summons & complaint) without having to pay the court filing fee. Once the papers are served, the plaintiff has 10 days to file a lawsuit. The summons should have stated on it that you are not required to respond or file an answer to the complaint unless the lawsuit is filed within 10 days after you were served. If it was not filed within 10 days, the plaintiff has the right to have...

Q: Will I have to pay taxes on the sale of my house?

1 Answer | Asked in Tax Law for Utah on
Answered on Jul 20, 2018
Eric Steven Day's answer
You will not have to pay taxes on the income of the sale of a personal residence for up to $250,000 (single taxpayer)/$500,000 (married filing joint taxpayer) of income. However, you must meet the ownership and use test:

During the 5-year period prior to the sale of the home, you must have:

- Owned the home for at least two years (ownership test)

- Lived in the home as your main home for at least two years (the use test).

These 2 years do not have to be...

Q: a girl lied and said i chased her down the road and beat her up and dislocated her shoulder what can i do

2 Answers | Asked in Criminal Law and Juvenile Law for Utah on
Answered on Jul 19, 2018
Mr Aric M Cramer Sr.'s answer
You need a lawyer right now. Quit talking to the cops.

Q: I am wanting to sell a product that has a patent in the United states but the thing is this same product has been made

1 Answer | Asked in Patents (Intellectual Property) for Utah on
Answered on Jul 14, 2018
Peter D. Mlynek's answer
The question is not whether the product has been sold before the patent was ISSUED, but whether the product has been sold before the patent was APPLIED FOR. Remember, it takes several years from the application date to the issue date.

But, if you could prove that the product claimed has been sold before the application date of the earliest application date (or that the inventor sold it more than a year before the earliest application date), then the patent may be found as invalid....

Q: I need help understanding Utah Sec. 78B-2-309(2). Someone is trying to use it against us saying they no longer owe us.

1 Answer | Asked in Bankruptcy and Real Estate Law for Utah on
Answered on Jul 13, 2018
Michael Sundwall's answer
The Utah code section you reference is a statute of limitations on written contracts. It says you cannot collect on a debt created through a written contract more than six years after that became do or the most recent payment was made. However, this statute limitations applies to unsecured debts. If you had a deed of trust properly executed and recorded at the County Recorder against the home, there is no statute of limitations. Your dad would be collectible indefinitely unless some action was...

Q: Would i be able to use the words "CHALLENGE YOUR MOUNTAIN" in companies tagline? And the image of my logo?

1 Answer | Asked in Trademark for Utah on
Answered on Jul 11, 2018
Benton R Patterson III's answer
A trademark attorney would need to do a bit of research to answer this question. If you want to know if you can trademark a name or logo, you should speak with a trademark attorney.

Q: I crashed a company vehicle (into dirt) and ended up getting a dui. My employer took damage costs out of my last check?

1 Answer | Asked in Car Accidents, Contracts, DUI / DWI and Employment Law for Utah on
Answered on Jul 10, 2018
Michael S. Edwards' answer
Well, if you owe them the money for the damage you caused, it seems that they simply applied "self-help," and got the money back from you quickly through your check. I don't know that there is any legal action you can bring to recover the money, unless you truly don't owe the money to them.

The bigger question is: what are you doing to deal with the DUI? You need to get the help of a good criminal defense attorney to help you with your DUI case. Good luck!

Q: Are siblings required to be adopted together?

1 Answer | Asked in Adoption for Utah on
Answered on Jul 5, 2018
Jason F. Barnes' answer
The quick answer is no, but if you are talking about foster care adoptions, the DCFS will give preference to those who are willing to do so, for obvious reasons. If you would like to further discuss, please call our office at 801-546-3874.

Q: If I accidentally overlooked listing a creditor on my bankruptcy filing, can I add them in once the mistake comes to

1 Answer | Asked in Bankruptcy for Utah on
Answered on Jul 5, 2018
Timothy Denison's answer
Yes. There is a $36 filing fee to amend but you should do so immediately.

Q: My public defender thi said I was a 1090.public nuisance. I am not guilty of this crime. How do I get another lawyer?

1 Answer | Asked in Criminal Law for Utah on
Answered on Jul 5, 2018
Mr Aric M Cramer Sr.'s answer
You don't get to chose your public defender. However if you want to go to trial they must respect that decision and do the trial. You are always free to hire your own attorney as well.

Q: Would I be able to sell rainbird an idea/ improvement to their original impact pop up sprinkler?

1 Answer | Asked in Contracts, Copyright, Intellectual Property and Patents (Intellectual Property) for Utah on
Answered on Jul 2, 2018
Kevin Flynn's answer
It is possible to sell an idea without a patent or at least a pending application but it is very difficult. Without patent protection, other people will be able to make the same product without paying you so the company that pays you is at a disadvantage unless there was some big advantage to being first to market or you had some special knowledge that was needed to make your design work.

It is still difficult with just a pending application unless the pending application is...

Q: If a women cleaned up a muder and knowingly did it. Is that accessory and how can she get away with that?

1 Answer | Asked in Wrongful Death for Utah on
Answered on Jun 29, 2018
Peter Munsing's answer
Ask the victim assistance coordinator with the DA's office. Maybe she gave evidence against the shooter & got a deal?

Q: Is it legal for police to lie to get a warrant? How do I get this brought to the courts attention? i can prove it

1 Answer | Asked in Criminal Law for Utah on
Answered on Jun 18, 2018
Mr Aric M Cramer Sr.'s answer
You can get a consultation with another lawyer if you wish, or ask your current attorney to explain to you why they feel it dosen't matter.

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