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1 Answer | Asked in Libel & Slander, Civil Rights, Constitutional Law and Personal Injury for Utah on
Q: Nov 4 2018 the day i check in it Sept 11 2019 i sustained iinjuries from a assault and battery at lantern house shelter.

Its was 2 against 1 i had no chance of defending myself, which means it was planned no officer of the law or emt attended to my injuries instead I was told to leave the lantern house shelter for 3 years before i was able to come back its there purposely keeping me from getting the xrays and mri... View More

James L. Arrasmith
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answered on Jun 29, 2024

I understand you're describing a serious incident that occurred on September 11, 2019 at the Lantern House shelter, where you were assaulted by two individuals. This sounds like a very distressing and traumatic experience. I'm sorry to hear you went through that.

Based on what...
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1 Answer | Asked in Immigration Law, Personal Injury, Civil Litigation and Civil Rights for Utah on
Q: I was intimidated by a police officer, he caused me too much distress I need help to see if I can sue him!

He was trying to make me deny that I was attacked , he said he was not going to fix the police report and he was not going to write any evidence that tells thatindicates that the defendant committed the act. He also obligate me to say that I wanted a new detective because he was going to close my... View More

James L. Arrasmith
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answered on Jun 27, 2024

Based on the situation you've described, it sounds like you may have a potential case involving police misconduct or civil rights violations. While personal injury lawyers sometimes handle these types of cases, you may want to consider consulting with an attorney who specializes in civil... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Juvenile Law for Utah on
Q: My friend's parents have already had DCFS take their children from them once. Can they turn off their kids mobile data?

They got the kids back and they've been told by DCFS that they can't take away their kids doors.

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're asking about a sensitive situation involving your friend's family and DCFS (Division of Child and Family Services). To address your specific question:

Parents generally have the right to control their children's access to technology, including mobile data....
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1 Answer | Asked in Criminal Law for Utah on
Q: If I was arrested for warrants and I'm in my car do they s right to impound my car

So if they are nothing in car and they impound the car but I was not doing anything to justify a traffic stop can they still impound the cst

James L. Arrasmith
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answered on Jun 10, 2024

If you were arrested for warrants while in your car, the police might have the right to impound your vehicle. Typically, if you are taken into custody and there is no one else to take possession of the car, law enforcement can impound it to ensure it is not left unattended.

Even if there...
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1 Answer | Asked in Estate Planning for Utah on
Q: Our lawyer advised us to wait a year to access estate funds after our mother's death and is now not answering our calls.

Step stepfather had structured settlement payments that passed to my mother when he died. Her lawyer was her payee for those payments and now she has died. He sends me the monthly checks. My sister and I do not trust him and hired an estate planning attorney. He filed probate and put a creditor ad... View More

Wesley Winsor
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Wesley Winsor
answered on Jun 10, 2024

Thank you for sharing your situation with me regarding the structured settlement payments that have passed on to your mother and are now distributed to you by her lawyer. I understand the concerns you and your sister have regarding the handling of these funds.

In terms of when you can start...
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1 Answer | Asked in Probate for Utah on
Q: My grandfather verbally willed me his car, but he died before giving me the title. How can i put the car in my name?
Wesley Winsor
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Wesley Winsor
answered on Jun 3, 2024

Hey there!

I'm so sorry to hear about your grandfather's passing and the complications surrounding his car. It turns out, in Utah, verbal Wills aren't recognized - it's all about having everything in writing. Here is a link:...
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1 Answer | Asked in Civil Rights and Health Care Law for Utah on
Q: What does it take get daughter in the state hospital??

My daughter has schizoaffective,, depression ,, PTSD,, anxiety and anxiety.. She has tried to commit suicide approximate 13 times.. Had to call police for pushing me down because knew she was on meth and went to find it.. So she got mad,, did find it after cops arrived.. She’s done program after... View More

James L. Arrasmith
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answered on Jun 3, 2024

I'm truly sorry to hear about the struggles your daughter is facing. It sounds like she urgently needs help and a stable environment to address her mental health issues. To get her admitted to a state hospital, you might need to pursue an involuntary commitment, which often requires... View More

1 Answer | Asked in Civil Litigation for Utah on
Q: Denied Leave to Amend Answer and file Counterclaim. Now What?

Can I sue based on the issues I raised in my Counterclaim in a seperate action down the road since they were denied?

James L. Arrasmith
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answered on May 27, 2024

If your request to amend your answer and file a counterclaim was denied, you might still have options. One possibility is to file a separate lawsuit based on the issues you raised in your counterclaim. However, this can depend on the specific circumstances and the reasons why your original request... View More

1 Answer | Asked in Contracts, Estate Planning and Social Security for Utah on
Q: Can my SSI payee company who is paid for their services by Medicaid, refuse to print checks?

I am on SSI from the Social Security administration. I have a representative payee that's a company to receive my SSI and divvy it out to me on a regular basis. My payee issues me a weekly payment and has me use a debit card that I can use in the store or as an ATM. My payee is paid by... View More

James L. Arrasmith
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answered on May 17, 2024

It sounds like a frustrating situation. While representative payees have a lot of discretion in how they manage and distribute funds, they are supposed to act in the best interest of the beneficiary.

A few key points:

1. Payees should minimize fees when possible. If check printing...
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2 Answers | 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

James L. Arrasmith
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answered on Jun 3, 2024

It's unlikely that you can be charged with burglary if you never entered the building and had no knowledge of the crime. Your situation revolves around proving your lack of intent and involvement in the actual burglary. Showing the messages that you received from the individuals asking for a... View More

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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Utah on
Q: I have a patent assignee who failed to pay the maintenance fees. Do I have any recourse to reclaim abandoned IP?

Can I petition the patent office, pay the fees, and recapture the abandoned patent (for lack of fee payment) ? Are there other remedies? I am the inventor of over 25 US patents. I filed the last patent application pro se. It was granted without questions from the examiners.

James L. Arrasmith
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answered on May 11, 2024

Regaining patent rights after the assignee has failed to pay maintenance fees can be challenging, but there are a few potential avenues to explore:

1. Petition to Accept Delayed Payment: If the maintenance fee payment window has not been closed for too long (usually within 24 months of the...
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1 Answer | Asked in Estate Planning for Utah on
Q: Can Trust date next to signature be different than the date trust was actually signed?

My mom's revocable Trust was not notarized or recorded and no witnesses. My sister filled in the date with her handwriting but my mom was on a trip overseas with me on that date. Not sure when the Trust was actually signed but it was definitely not signed on the date next to the signature.... View More

Wesley Winsor
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Wesley Winsor
answered on May 8, 2024

Hey there,

I completely understand your concerns about the date next to the signature on your mom's Trust document. While it may not automatically invalidate the Trust, it does open up the possibility of scrutiny and potential challenges in the future. It's definitely something to...
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2 Answers | Asked in Contracts and Business Law for Utah on
Q: Small business owner's privacy violated?

Hello, I am a small business owner operating in Utah. I have been leasing since 2019 and not too long ago, the landlord sold the entire building including my contract to a new owner. Couple months ago, a manager from the new landlord came and brought with him a person with camera (looks like a... View More

Wesley Winsor
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Wesley Winsor
answered on May 1, 2024

Hey there! I'm sorry to hear about the situation you're facing with your business privacy concerns. It's definitely unsettling to find out that your business operations are now exposed on Google Earth without your consent.

Firstly, it might be a good idea to review your...
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2 Answers | Asked in Contracts and Business Law for Utah on
Q: Small business owner's privacy violated?

Hello, I am a small business owner operating in Utah. I have been leasing since 2019 and not too long ago, the landlord sold the entire building including my contract to a new owner. Couple months ago, a manager from the new landlord came and brought with him a person with camera (looks like a... View More

James L. Arrasmith
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answered on May 1, 2024

I'm sorry to hear about your situation. It sounds distressing to discover your business's private details exposed in such a public manner. First, it's important to understand your rights under the lease agreement and local privacy laws. Check your lease for any clauses regarding... View More

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1 Answer | Asked in Criminal Law for Utah on
Q: Is attempted assault a real thing?

I would have been physically assaulted by a manager of a KOA Campground in Utah if his wife had not stepped in to intervene

John Michael Frick
John Michael Frick
answered on May 1, 2024

Under Utah law, an actor commits assault if the actor:

(a) attempts, with unlawful force or violence, to inflict bodily injury on an individual.

So, for example, if the manager attempted to unlawfully punch you in the face but his wife stepped in between you and intercepted the...
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1 Answer | Asked in Car Accidents for Utah on
Q: If insurance is not collected at the crash what happens then?

I am doing a school project and I need to know what would happen in a scenario where two people got into a crash. Person 1 does not collect persons 2 insurance-only their phone number. Legally speaking, does person 2 have an obligation to communicate with person 1 and provide their insurance?... View More

Tim Akpinar
Tim Akpinar
answered on May 1, 2024

A Utah attorney could advise best, but your question remains open for two weeks. Until you're able to contact a local attorney on state-specific laws, in most places there is an obligation to exchange driver info and insurance info. That would probably extend to phone follow-ups in most... View More

1 Answer | Asked in Bankruptcy for Utah on
Q: I have a car that repossessed and I want to get my possessions out of it. They want the keys. I am going to file chapter

13 bankruptcy to get the car back. Should I give the keys so I can get my stuff?

James L. Arrasmith
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answered on Apr 25, 2024

In this situation, it's best to consult with a bankruptcy attorney before taking any action. They can provide guidance on how to proceed in a way that protects your rights and interests.

Generally speaking, if you plan to file for Chapter 13 bankruptcy and want to keep the car, you may...
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1 Answer | Asked in Estate Planning for Utah on
Q: What is the percentage a nonprofessional ( a family member) trustee can charge a family trust?
Wesley Winsor
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Wesley Winsor
answered on Apr 22, 2024

In Utah, there is no set percentage for what a nonprofessional (family member) trustee can charge a family trust. Compensation is typically based on what is reasonable given the duties performed, the time involved, and the complexity of the trust administration. The trust document may specify the... View More

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Utah on
Q: Car insurance won’t refer me to one of there recommended refer shops and won’t rent me a car.

My vehicle was in an accident, I was issued a rental vehicle while I looked for a repair shop and was dropped of at the shop before insurance adjuster told it need to be dropped off.

My car was in the shop but my rental time had reached the $1500 amount on my policy.

The repair... View More

Tim Akpinar
Tim Akpinar
answered on Apr 16, 2024

A Utah attorney could advise best, but your question remains open for three weeks. Unless it's a very generous policy, rental rights tend to be limited in many auto policies. One option could be to review the policy and your rights with a local attorney. Keep in mind that if the claim does not... View More

1 Answer | Asked in Elder Law and Real Estate Law for Utah on
Q: Condo discrimination based on income?

I am a condominium owner and resident at Capitol Heights Condominiums, 480 N. Wall St, A101, 84103.

At a recent owners’ meeting it was revealed that the entire board of the HOA were investors, and that only six of our 18 units were owner-occupied. At our last meeting, the board raised... View More

James L. Arrasmith
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answered on Apr 16, 2024

I understand your concern about the high HOA fees and the potential unfairness of the situation for owner-occupiers compared to investor-owners. However, I don't believe this would legally be considered discrimination based on income. Here's my analysis:

1. HOA fees are set by the...
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