Utah Questions & Answers

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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Q: How do mandatory sentences for drug offenses work?

1 Answer | Asked in Criminal Law for Utah on
Answered on Jun 12, 2018
Mr Aric M Cramer Sr.'s answer
Depending on the law, if you are convicted you must serve a minimum mandatory time in prison.
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Q: How do i go about collecting for back child support? He is currently 5 months behind and we both live in Utah

1 Answer | Asked in Family Law for Utah on
Answered on Jun 11, 2018
Paul Waldron's answer
The least expensive way is to contact the Utah Office of Recovery Services (ORS) and ask them to collect for you. However, this takes several months. If you are in a hurry and have the means, you can hire a private attorney to enforce the existing child support order, obtain and judgment and collect it for you.
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Q: I have my kids for a month during the summer. am I required to pay that month child support since they are in my care?

1 Answer | Asked in Child Support for Utah on
Answered on Jun 11, 2018
Paul Waldron's answer
Generally, and without looking at your particular Decree of Divorce, which is the law of your case, pursuant to Utah Code Section 78B-12-216:

(1) The base child support award shall be:

(a) reduced by 50% for each child for time periods during which the child is with the noncustodial parent by order of the court or by written agreement of the parties for at least 25 of any 30 consecutive days of extended parent-time; or

(b) 25% for each child for time periods during which...
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Q: If my brother who has POA for 93 year old mother is threatening to take my mother out of the country, is he able to. Dem

1 Answer | Asked in Elder Law for Utah on
Answered on Jun 11, 2018
Wesley Winsor's answer
Hello,

Is your mother incapacitated? Has she been diagnosed with dementia, Alzheimer's etc? If she is still considered capacitated, then she can choose for herself whether to go out of the country. If she isn't, then a power of attorney is not the correct document/authority your brother would need to enforce his "right" to determine where she will live.

The correct authority would stem from either an Advance Health Care Directive that was signed when your mother had capacity...
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Q: Would a pending N-400 application (filed for >5yrs residence) be effected if I divorce before my interview/ceremony?

1 Answer | Asked in Immigration Law for Utah on
Answered on Jun 8, 2018
Carl Shusterman's answer
Since you waited until you had a green card for 5 years, you can naturalize whether you stay married or get divorced.
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Q: Does my ex have the right to refuse me taking my kids overnight just because he wants to meet my boyfriend?

1 Answer | Asked in Family Law and Child Custody for Utah on
Answered on Jun 8, 2018
Paul Waldron's answer
It depends on the terms of the court orders. Generally, the other parent cannot control who the other fparent allows to be around the children. However, if there are no court orders, whoever has the children has custody and you are stuck with what your boyfriend may agree to until you get court order. Unless your boyfriend is an ax murderer, drug abuser, child abuser, etc., a judge will not enter an order restricting contact with your boyfriend. You would be well served by hiring an...
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Q: Can you get sued if you are from a different country? Also, can chat messages serve as an emplyment contract?

1 Answer | Asked in Business Law, Contracts, Employment Law and Gov & Administrative Law for Utah on
Answered on Jun 8, 2018
Wesley Winsor's answer
Yes,

You can get sued if you are from a different country barring diplomatic immunity, but for the common traveler/tourist, yes you can be sued as long as you meet the minimum contacts in the states. The main question on this is Jurisdiction and service of process. An analysis would fill several pages, but suffice it to say that if you are in the U.S. and the incident causing the suit happened in the U.S. then you can be sued.

Chat messages can serve as an employment contract...
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Q: Am I entitled to a refund or reimbursement of vet expenses for a puppy I bought with undisclosed health problems?

1 Answer | Asked in Consumer Law, Animal / Dog Law and Small Claims for Utah on
Answered on Jun 8, 2018
Wesley Winsor's answer
Hi,

I am sorry for your situation. Utah is a buyer beware state. There are some enhanced duties if the seller is a "merchant" meaning that they do this for their profession, but unless he actively hid it from you or represented that the puppy definitely did not have eptopic ureter then I am not sure you have a claim.

I am not sure the seller would even know about that condition or could properly diagnose the condition even though he had noticed dripping.

You may...
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Q: Someone is still threatening a lawsuit against me from an accident he caused 2.5 year ago, can i counter sue?

1 Answer | Asked in Car Accidents for Utah on
Answered on Jun 8, 2018
Wesley Winsor's answer
From what you have stated, I don't think so. A claim for Intentional/Negligent Infliction of Emotional Distress requires a showing of something truly horrific. Making threats against your insurance company would not qualify. If they were constantly in contact with you and threatening you directly, then you could ask for a no-contact order or a protective order in criminal court, but that is not the case either.

I think that the best course of action would be to tell your insurance...
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Q: If I got a dog from an organization but months later changed my mind. Do I have to return the dog to them?

1 Answer | Asked in Animal / Dog Law and Contracts for Utah on
Answered on Jun 8, 2018
Wesley Winsor's answer
Hello,

I am not sure I understand the situation. Let me see if I have this correct: 1) You purchased a dog from an organization for less than $500. 2) Later you changed your mind.

I am trouble understanding what 2) is intended to mean. Are you saying that you changed your mind about the dog and returned it? Or maybe you are saying that the organization changed its mind and now wants the dog back. That would make your question more logical. I will answer the question based...
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Q: I was charged with a threat of violence, basically there word against mine, what are my chances getting this dropped ?

1 Answer | Asked in Criminal Law and Domestic Violence for Utah on
Answered on May 31, 2018
Mr Aric M Cramer Sr.'s answer
Lots of people in prison for this very situation. Get an attorney on board. You are in deep trouble.
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Q: Do I even need to file for probate?

1 Answer | Asked in Probate for Utah on
Answered on May 31, 2018
Paul Waldron's answer
It depends on the nature of the estate of the decedent, the size of the estate of the decedent, and whether the decedent died with a will or not (testate or intestate). Further information is needed to fully answer your question. Working with an experienced lawyer will help you more fully understand any legal issues that may need to be considered in your situation.

Q: When my girlfriend turns 18 and i marry her, can she legally move in with me even if she has some "disabilities"?

1 Answer | Asked in Family Law and Child Custody for Utah on
Answered on May 31, 2018
Paul Waldron's answer
It depends on your girlfriend's level of "disabilities" and whether or not someone else has guardianship of her. Otherwise, generally speaking, without any other information regarding your situation, there is nothing stopping your girlfriend from moving in with you when she turns 18. Working with an experienced lawyer will help you more fully understand any legal problems that may need to be considered.
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Q: With uninterrupted parent time during the summer must the parent be with the child during that time?

1 Answer | Asked in Child Custody for Utah on
Answered on May 31, 2018
Paul Waldron's answer
More information is needed regarding your husband's situation. In order to answer your question it is important to know the specific terms of your husband's Decree of Divorce and any other orders and facts in your husband's divorce case. One question, for example, is whether or not there is a "first right of refusal" provision in his Decree of Divorce. Another question is the purpose of the daughter going to be with the family member; is it a visit, or is it for surrogate/child care?. Working...
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Q: My landlords/managers keep breeching contract of 24 hour notices, dictating how Decor is to be placed. what do i do?

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Utah on
Answered on May 28, 2018
Salim U. Shaikh's answer
Referring to LL last visit in violation of notice time, you may formally write and remind of contractual clause that govern their visit/inspection that LL must abide by in terms of 24 hours notice, purpose of visit to be informed, ensuring presence of tenant, etc. etc. This would help to resolve the issue.
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Q: Timing on filing a federal TORT CLAIM. Have a final decision pending with the board of THE MSPB.

1 Answer | Asked in Gov & Administrative Law, Personal Injury and Employment Discrimination for Utah on
Answered on May 22, 2018
Peter Munsing's answer
You want to consult a member of the Utah Assn for Justice that handles federal employment claims. They give free consultations. The notice of investigation you received from the Board should have that information on it.
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Q: In Utah, does an HOA legally have to follow a reserve study?

1 Answer | Asked in Real Estate Law for Utah on
Answered on May 20, 2018
Lincoln W. Hobbs' answer
There's no easy answer to this question. Association Boards have discretion to determine a reasonable reserve policy. Although it depends upon what the Association's governing documents say, it is usually the Board's right and duty to determine how reserves should be funded. Your association should discuss the amount and level of reserve funding at the Association's annual meeting, and should listen to Owners' input, but if your Association has inadequate reserves, the Board would be acting...
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Q: Can a signed form within a company be changed after it had been signed and dated?

1 Answer | Asked in Business Formation, Business Law and Contracts for Utah on
Answered on May 18, 2018
Wesley Winsor's answer
This is a good question, in addition to the issue of whether or not someone can enforce a contract that has been altered from the original provisions agreed to, there might be an issue of whether this was a contract at all.

In all contracts, there has to be "consideration" or something of value being exchanged. I am not sure what the circumstances were wherein you signed the document, but let's explore the issues.

Let's say that you agreed to work for and the company agreed to...

Q: I have 2 marijuana possesion charges. 3 paraphanelia charges, 2 trespassing charges and a tampering of a perscription

1 Answer | Asked in Criminal Law for Utah on
Answered on May 18, 2018
Mr Aric M Cramer Sr.'s answer
No question posted.
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