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Utah Questions & Answers
1 Answer | Asked in Criminal Law for Utah on
Q: can witnesses be interviewed in the same room at the same time to have to same story for seeing a crime?
Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Dec 6, 2019

I am not clear on your question. Get a consultation with a defense attorney in your area so you can flesh this out more.

1 Answer | Asked in Criminal Law for Utah on
Q: Can a police officer give testimony in a court room about a seperate, open criminal case ?

My girlfriend each have an open criminal case for possession. She also just had her alimony case trial. In that trial, her husbands lawyer subpoenaed the arresting officer and the officer gave testimony about all aspects of my open criminal case

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Dec 6, 2019

that is a family law/civil law question.

1 Answer | Asked in Criminal Law for Utah on
Q: (7) An order of expungement may not: According to subsection 77-40-108 (7) of the Utah code.

I don't understand what all this means. Can you help me?

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Dec 1, 2019

Call someone fo a consultation. Don't try to remove your own appendix.

1 Answer | Asked in Criminal Law for Utah on
Q: Expungement question (Utah) What does Subsection 77-40-108 (7) exactly mean? Mine I guess was denied what do I do now?
Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Dec 1, 2019

It is impossible to analyze a statute in light of your case without knowing anything about your case. Get a consultation with an attorney who handles expungements.

1 Answer | Asked in Criminal Law and Domestic Violence for Utah on
Q: My boyfriend is charged w/ aggravated kidnapping for a minor altercation we had that lasted 3-5 min. Is that substantial

Is that considered a substanial ammount of time as it is stated in the statue this happened in utah

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Dec 1, 2019

Aggravated Kidnapping is a First Degree Felony that can carry life without parole. You need an attorney in the worst way. Hire one TOMORROW!

3 Answers | Asked in Estate Planning for Utah on
Q: Father passed away with no will, He has 5 children 3 oldest kids with his first wife who he had divorced later and 2

3 oldest kids with his first wife who he had divorced later and 2 outside of marrige. who legally has the rights over property? Youngest child is saying he has the right to say who gets what because he is the benifacary for life insurance plan from fathers work

Nina Whitehurst
Nina Whitehurst answered on Nov 30, 2019

The child who is the beneficiary of the life insurance will take that life insurance. However that beneficiary status has absolutely no effect on who inherits the rest of the deceased parent's estate. That will be determined by the laws of intestate succession. Most likely his five children will... Read more »

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1 Answer | Asked in Contracts and Employment Law for Utah on
Q: Do I have any legal grounds as after a promotion at my place of work, my wage did not increase and company will not pay?

I was promoted to a manager position in September. This was to come with a $.50 increase in my wage. I've just noticed today on a pay slip that my wage had not changed at all. After looking over this, my GM raised my wage to the appropriate amount but refuses to back pay as she does not have in... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 29, 2019

You can take them to small claims court. It will cost at least $100 to file the claim. You will need to show proof of when you were made a manager and started doing work that managers do. You will want to weigh the effects of suing your own company with the benefit of obtaining the unpaid $300.... Read more »

1 Answer | Asked in Probate and Estate Planning for Utah on
Q: My father died, and he was married. His wife says she hasn't found a will yet. what should I do for me and my sister?

My father just died. He was married. There is me and my sister. He just had retired from intel, and had several amount of money in stocks and bonds, and money saved up. Plus my step mother and him had just purchased a house worth about $750,000. I would like to know where all his money will be... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 29, 2019

I am sorry to hear of your father's passing. My condolences. You mentioned your father lived in Oregon and purchased a house there. Unless your father owned property in Utah, then you are going to be dealing with Estate and Probate law in Oregon. Each state can have very different laws regarding... Read more »

1 Answer | Asked in Real Estate Law for Utah on
Q: seller wants to backout

hi I need some advice. I am in UTAH , I am seller of my house. Buyer of my house did not pay the earnest money with in 4 days of offer acceptance( he paid after 5days and did not inform us ). Can I back-out from selling contract? and What other clauses can help a seller backout?

Brian Craig
Brian Craig answered on Nov 25, 2019

If the real estate purchase contract has a "Time of the Essence" clause or provision, this could help the seller rescinding the contract in this type of situation. The general rule with regard to contracts for the sale of land is that time is not of the essence unless the parties expressly... Read more »

1 Answer | Asked in Criminal Law and Probate for Utah on
Q: How useful is a lawyer help me when I violated probation in Utah

My probation officer came to my house and I was out of state For work .i did not notify him in advance . I can Havecompany prove that I was working .in this ISituation Should I tell him right away or wait until back in the state in a few days then meet him with a lawyer

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Nov 15, 2019

IF you can be jailed or fined, you need an attorney.

1 Answer | Asked in Civil Litigation and Contracts for Utah on
Q: filed quit claim deeds a few years ago on the home I live in and my three investment properties but lacked capacity.help

What do I need to do to get those voidable contracts voided or what's the next step to repairing the war zone that has become my life because I'm now homeless and I've lost a lot everything my life's work forgive the errors and no punctuation I'm talking into my phone

Wesley Winsor
Wesley Winsor answered on Nov 11, 2019

Not a lot of facts to go off of here, except that you are saying that you signed and recorded some quit claim deeds a few years ago while you lacked capacity and now you want to void the deed.

If you were under duress or undue influence by the person to whom you signed them over to, you...
Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: If i have pending drug charges.No resolution, no deals, nothing. The judge told me I need to go and take a drug test.

Do I have/need to?

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Nov 11, 2019

Not enough information to opine. Get a consult from a local criminal defense attorney or your current attorney.

1 Answer | Asked in Family Law for Utah on
Q: Can my ex deny visitation with no court orders for visitation?

I pay child support and we have never gone to court for custody or any visitation orders. No restraining orders or anything. We were never married. She even changed my son’s last name without my consent, even though I am on the birth certificate. I haven’t seen my son in 3 years. Can’t... Read more »

Mike Branum
Mike Branum answered on Nov 8, 2019

Unfortunately, you have little recourse without an order from the Court. I presume the child lives in Utah with the other parent. If you truly cannot afford the court fees, you can request a waiver. I would refer you to utcourts.gov and look at the self-help section for family law.

1 Answer | Asked in Child Custody and Family Law for Utah on
Q: Is a guardian ad litem legally required to provide both parties in a custody case a report on his findings

The GAL assigned to my case refused to see me until I paid him in full which I could not do. He did not investigate claims made by other party to see if they were accurate did not ask me my side or allow me to present my evidence to him that claims made were a lie. At our temporary custody hearing... Read more »

Mike Branum
Mike Branum answered on Nov 2, 2019

You really, REALLY need an attorney on your side. If you have not contacted Utah Legal Services to see if you can get pro bono assistance, you truly should . . . Monday. A guardian ad litem SHOULDN'T favor a party who pays over one who does not, but that doesn't mean it might not happen. If you say... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: I have never been to jail till Halloween , I was intoxicated in the home I reside, how much trouble am I looking at?

I don’t make this a habit, I’m not a drinker yet I drank to much and blacked out so to speak

Mike Branum
Mike Branum answered on Nov 2, 2019

Based on the extremely limited information at hand, I will presume you were charged with public intoxication; you have mentioned no other potential crimes. In order to be found guilty of the charges, the prosecutor must prove beyond a reasonable doubt that it was likely that you would have injured... Read more »

1 Answer | Asked in Consumer Law and Internet Law for Utah on
Q: I purchased a woman’s bracelet online and when I received it in the mail and it was not as described on the website,

I would like to sue them but don’t know where to begin.

Tim Akpinar
Tim Akpinar answered on Nov 2, 2019

A Utah attorney could answer you best, but your question remains open for two weeks. Before jumping straight into suing, which could be costly, you could think about other approaches. Is there any possibility of resolving things through customer service or arranging a refund or exchange? If not,... Read more »

1 Answer | Asked in Family Law for Utah on
Q: What are the steps someone would need to take to get guardianship of a child in a unstable home?

I live in a unstable home and don't get the proper needs what would be the steps to take for someone to get guardianship of me?

Brian Craig
Brian Craig answered on Nov 1, 2019

If there is suspected child abuse or neglect, the proposed guardian could first report the suspected neglect to the Utah Division of Child & Family Services (DCFS). Call 1-855-323-DCFS (3237). A minor can also contact a school counselor or other adult to self report possible neglect. The school... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Utah on
Q: Search of someone's lunge area that is under arrest can they search someone else's property who isant involved?

My boyfriend got arrested for some warrants and ended up having drugs in his pocket. They searched the lunge area in his vehicle which supposedly included my purse on the floor of the passenger side of his vehicle despite me telling them they could not because I wasant under arrest at this point.... Read more »

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Oct 31, 2019

I don't know what a 'lunge area' is. These suppression issues are highly fact specific. Contact a local criminal defense attorney for a detailed meeting in person.

1 Answer | Asked in Family Law for Utah on
Q: I am 15 and my step-dad is emotionally abusive towards me he wont buy me my needs, Can I go live with a friend?

I live in too small of a house with way to many people, Its a 4 bedroom house with 10 people. My friends family are willing to take me in, my biological dad is going to jail and there is no one I can go to he has denied me from seeing a therapist or anything like that. Can my friends family get... Read more »

Mike Branum
Mike Branum answered on Oct 25, 2019

Contact UtahLegalServices.org and see if they can refer you to a pro bono (no fee) attorney in or near Tooele. Alternatively, could you convince your mom (unless step dad has adopted you, he really doesn't LEGALLY get a say in the matter) to sign over temporary guardianship? If you cannot get pro... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: im being charged wit two 3rd degree felonies for possession.I was under a lot of stress of losing a loved one so I fell

asleep in the park it was during the time ur allowed to be there i fell asleep and was woke up by two officer telling me i had been groping my self when i wasn't around no kids no citizens the woke me up by poking at me then asked me if they could search for weapons and some how ended up reaching... Read more »

Brent J Huff
Brent J Huff answered on Oct 23, 2019

If officers have a reasonable suspicion of criminal activity, even if the suspicion ultimately turns out to be wrong, they can stop someone for an investigatory detention. During such a detention, if officers have a reasonable suspicion that the person may be armed and dangerous, they can conduct... Read more »

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