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Utah Questions & Answers

1 Answer | Asked in Landlord - Tenant for Utah on

Q: I am interested in signing a 2-3 year lease. I would like to pay it in full, can that be done?

I know some states have a limit on how much advance rent a landlord can collect. Does Utah have any such rules if I wanted to pay either the full 2-3 year lease at the beginning, or pay each year in full. Are there any downsides as a renter to do that?

Brent J Huff answered on Aug 21, 2019

I would not advise it for the same reason I would not buy a ring on a first date. Landlord-Tenant relationships sometimes go south or simply must end for various reasons. Further, when landlords have money in hand, they tend to pay less attention to their obligations.

4 Answers | Asked in Criminal Law for Utah on

Q: Is it advisable to bring my paper to read my "testimony" off of? Or does that make for irrate judges?

This is for a second degree felony drug charge, I was offered a third degree felony and they would take off the DUI. i am shooting for a Class A misdemeanor with the DUI. I am a freelance writer, the "letter" is very proper in manner, persuasive yet honest. Court makes me nervous at times which... Read more »

Gary Kollin answered on Aug 21, 2019

You have a lawyer. This is exactly the thing you should be discussing with your lawyer instead some unknown attorney on the internet who especially cannot review what you wrote

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1 Answer | Asked in Real Estate Law and Probate for Utah on

Q: my dad died we lost house he had paid for need help fast

my dad passed i am benificuary on a bunch of stuff i need help getting and my dad bought a house and has over paid for it the person we bought house from kicked us out and threw away all my dads stuff and sold house we want her to pay and give us our house back

Wesley Winsor answered on Aug 20, 2019


I am sorry to hear about your Dad's passing. This can be a difficult time as his affairs are wound up. Who is executor or did your Dad have a will? Has anyone started a probate proceeding? If you are a child and an heir you would have probably received notice of this....
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3 Answers | Asked in Criminal Law and Real Estate Law for Utah on

Q: How do i prevent someone from coming onto my property when they have been verbally instructed not to but still do.

There has been physical altercation between the individual and one of the residents as well. Despite numerous times of being told to not come onto our property or into our home the individual has continued to do so. It is the boyfriend of one of our children. Neither are residents.

Mr Aric M Cramer Sr. answered on Aug 16, 2019

This is not a criminal law issue or question.

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1 Answer | Asked in Copyright and Patents (Intellectual Property) for Utah on

Q: Can I propogate succulents for fun and to earn a little extra cash?

I have been wanting to propogate succulents for the experiment and fun of it. I also hoped to sell any babies that might be successful for some extra money. However while I did some research I learned that their where certain patent laws that made it illegal for some succulents. What succulents am... Read more »

Wesley Winsor answered on Aug 13, 2019

This is a very nuanced area of law. I do not even dabble in this area. I thought I could provide some self-help resources though.

If you are wondering whether a type of plant has been patented, you will need to search the patent databases for whether the patent has been registered....
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2 Answers | Asked in Criminal Law and Small Claims for Utah on

Q: Person keeps product, credit card company refunds money

A person in another state buys a product from me he called me telling me it was damaged I asked him to take a photo and text it to me so I could help him with a replacement he refused then told me he wished he would have bought a cheaper one at Walmart and told me to send him a shipping label so he... Read more »

Wesley Winsor answered on Aug 13, 2019

No, this is illegal. He has breached his contract. The contract was made when he purchased the product. If you want recovery, you can sue in small claims for the price of the product and service fees. It may not be worth your time, but you have a cause of action.

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1 Answer | Asked in Contracts and Small Claims for Utah on

Q: Do I have a chance to win this in court?

My CHOICE Home warranty (CHW) policy covers my HVAC

CHW sent a technician to evaluate my HVAC problem

CHW denied my claim:

“It has been determined that there is a restriction in the refrigerant line of the HVAC system. This contamination of the sealed system is the result... Read more »

Bruce Alexander Minnick answered on Aug 12, 2019

Lawyers are very intelligent and highly trained professionals--but we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe (no one can tell the future) and unable to opine on your current dilemma. The only way you can bee 100% sure if you... Read more »

2 Answers | Asked in Criminal Law for Utah on

Q: What's the statue of limitations?

I went to a grocery store in 2013 and they accused me of stealing some pens but they just said to leave and to never come back which I didn't until today so can the company still file charges even though it's been so long?

Brent J Huff answered on Aug 11, 2019

2 years for a misdemeanor. 4 for a felony. So the theft allegation from 2013 would be past the statute. However, a trespass charge could be filed for returning.

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2 Answers | Asked in Criminal Law, Family Law and Juvenile Law for Utah on

Q: so I am just wondering if I should get a laywer for my daughter my only thing is I dont have the money for one well

not a down payment my daughter is 11 years old and is getting charged with a felony and a class b misdominer her and a friend went to walmart and on the way in found a credit card went in used the credit card for like 15 .00 than tryed to pull money out at the ATM witch mind you did not work at the... Read more »

Mike Branum answered on Aug 7, 2019

Your daughter is entitled to a court-appointed attorney. I am not sure a privately-retained attorney would have much advantage over the public defender in this case.

Hopefully your daughter can get some assistance coping with the losses she has sustained in her young life.

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1 Answer | Asked in Family Law for Utah on

Q: While separated with a child, do the 2 parties involved must keep each other informed of an address change?

Mike Branum answered on Aug 5, 2019

Unless there are accusations of domestic violence, it is always a good idea - during separation, while the divorce is pending, and after the divorce is finalized - to keep the other parent informed of any change in address or phone number. Your marriage may be ending, but you are stuck with your... Read more »

1 Answer | Asked in Banking for Utah on

Q: Why does my bank need a "abundance of caution lien" on my paid off home in order to get a new $550k construction loan?

The new home build lot I own outright has a value $155k. My income per month is $6500 after taxes. My DTI is 32% and my FICO is 771

Bruce Alexander Minnick answered on Jul 25, 2019

Based upon the (limited) financial facts presented (your age being the most important unknown fact omitted), IMPO your best course of action is to shop around for a new bank that appreciates excellent customers like you.

Having been a commercial bank officer myself--before going to law...
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1 Answer | Asked in Criminal Law for Utah on

Q: Is it best to get three sentences aggregated in Nevada?

My son is serving 26 to life for three crimes that happened all within minutes. The incident happened in 2013. He took a plea in 2018. He received 20 to life for one. He received 3-15 for each of the other two.

Mr Aric M Cramer Sr. answered on Jul 24, 2019

Your question is unclear. I am not licensed in Nevada.

1 Answer | Asked in Criminal Law and DUI / DWI for Utah on

Q: just need to know if therers an alternate charge for a class a possession charge in utah that does't effect my drive

Mr Aric M Cramer Sr. answered on Jul 18, 2019

Not enough information to answer. Set up a consultation with a local criminal defense attorney.

1 Answer | Asked in Family Law for Utah on

Q: Can I subpoena my spouses phone records to prove infidelity and criminal activity so that she could manipulate DV laws?

I dont want to take property or personal belongings from her. I just want to prove that i was not doing anything to make her do those things. I want to protect my finacial sources and truck while im getting divorced. Also i dont know if that would help with possible resopsibilities i might be have... Read more »

Mike Branum answered on Jul 16, 2019

Most divorces settle prior to trial. You should have your attorney request the records in discovery. They could be useful in negotiations. Unless you can prove she used marital assets to support her infidelity (gifts, travel expenses, money spent on hotels), you will likely not be able to alter... Read more »

1 Answer | Asked in Real Estate Law for Utah on

Q: Hi, my mother just passed. I am one of her sons and she has no living spouse. What happens with her home?

She had a living will but it's from years ago and not notarized or anything. Also, has a power of attorney as one of the sons. But again not notarized.

Kenneth Prigmore answered on Jul 16, 2019

It depends on a few things. Who are listed on county records as the owner of the home. Sometimes this may surprise you. If she signed and recorded a deed placing her property in a joint tenancy with someone else, that person now owns the property.

If she did not leave a will or trust...
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1 Answer | Asked in Child Custody for Utah on

Q: Is a paper signed out of court a legal guardianship doc? How do I find my children? Where do I start?

Aprox. 5 years ago my 3 children were taken by their father while I was in jail a couple days due to my children not having a guardian in which I had signed a paper of temporary guardianship to my daughters best friends mother which was in effect the day they were taken. Since they were taken they... Read more »

Brian Craig answered on Jul 13, 2019

That sounds like a challenging situation. A parent could first report the children missing with the police. If you can afford one, you might consider hiring a private investigator to help locate the temporary guardian and children. Skip tracing services are also available (Google "skip tracing... Read more »

1 Answer | Asked in Domestic Violence for Utah on

Q: Me and my wife just recently split up. She got a protective order against me so I had to leave the house. She then moved

Her new boyfriend into our house. We are joint tenants on the deed/title. I'm the only one on the mortgage. What are my legal options? Can she take any liability for the mortgage or payment? Or should I prove that I am the only one who made payments on the house? And I can prove that she can't... Read more »

Brian Craig answered on Jul 13, 2019

It is hard to answer your questions without additional facts. If you are still legally married, then the title as joint tenancy will usually remain. In a divorce, the court will typically award allocation of assets and debts, including equity in a house and any outstanding mortgage. The divorce... Read more »

1 Answer | Asked in Real Estate Law for Utah on

Q: A/C in apartment broken for two months. Works in all units but mine. Can I withhold rent in Utah for this?

The owner paid to have someone fix the a/c and got it working in all units but mine. I am currently on a month to month plan because I am over on my lease. With that they charge additional rent plus a $100 month to month fee. I have told them many times that the a/c still isn't working in my... Read more »

Kenneth Prigmore answered on Jul 9, 2019

You are free to negotiate your rental costs on future months, but your choice to stay is your acceptance of any past agreements that will cover the current month. If the landlord fails to provide a service that was previously agreed to, (perhaps AC has been part of the lease?) then you have an... Read more »

1 Answer | Asked in Divorce and Child Custody for Utah on

Q: Need to find a family law attorney asap to represent myself in divorce invil ing a child born in the marriage not by hus

Husband and I did not live together between 2006 and 2016 never reconciled and he wants custody of second child not his he ordered child support for but he never paid cuz she's not his kid and claimed her on his taxes four yrs in a row and I want this resolved. Custody returned to her natural... Read more »

Brian Craig answered on Jul 8, 2019

This sounds like a complicated matter where you need an experienced family law attorney. The best interests of the child test governs child custody matters. You can find lots of family law attorneys here on Justia.

1 Answer | Asked in Animal / Dog Law for Utah on

Q: Is it illegal to leave a dog in the car if all the windows in the car are down and they are very well taken care of

The was this woman who thinks it’s illegal to leave our dogs in the car when all the windows are down while we were eating she broke into our car

Brian Craig answered on Jul 8, 2019

The animal cruelty statute in Utah Code Ann. sec. 76-9-301 states that "a person is guilty of cruelty to an animal if the person . . . intentionally, knowingly, recklessly, or with criminal negligence . . . injures an animal [or] abandons an animal." The animal cruelty statute requires abandonment... Read more »

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