Utah Questions & Answers

Q: Was I charged wrong?

1 Answer | Asked in Criminal Law for Utah on
Answered on Sep 15, 2017

You'd have to find the statutory definition of co-habitant as it waw 17 years ago. I couldn't tell you off of the top of my head.
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Q: My boss sexually assaulted me at a bar outside of work. Not saying I want to, but is that grounds for suing my company?

1 Answer | Asked in Criminal Law, Employment Discrimination and Sexual Harassment for Utah on
Answered on Sep 13, 2017

I only practice criminal defense. You need to contact an employment law attorney.
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Q: My cell mate died after asking for a catheter at SLC jail for 3 days. She died and I called for help 3 times no help.

1 Answer | Asked in Wrongful Death for Utah on
Answered on Sep 11, 2017

Contact the Utah Civil Liberties Union, ask for their "cooperating attorneys" on prison cases. They may be able to help you and at least will give you a free consultation.
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Q: My cousin (15 years old) was just charged with assault on her 2 sisters ( 17 & 13 years).

1 Answer | Asked in Criminal Law for Utah on
Answered on Sep 11, 2017

They should be in Juvenille court, so contact a criminal defense attorney who works in that sub-specialty to assist her.
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Q: My sons dad and I were never married. Do I have to give him visitation if there is no order?

1 Answer | Asked in Criminal Law and Family Law for Utah on
Answered on Sep 8, 2017

I don't practice Family Law, only Criminal Defense. I am sorry I don't know the answer.
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Q: If I've asked my PD to request discovery from prosecution and he refuses to do so, what course of action can I take?

1 Answer | Asked in Criminal Law for Utah on
Answered on Sep 6, 2017

I don't know any attorney that would not request discovery. You probably need to talk to another attorney in your area for a consultation. I have never heard of such a thing and I think you two may not be communicating clearly.
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Q: Just left an apartment who is charging us $300 in move out cleaning costs, despite us cleaning for 8hrs. Help?!

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Answered on Sep 5, 2017

Take a look at the Utah Fit Premises Act, Utah Code 57-22. (You can find it through Google.) Also, check your city's ordinances; some cities provide more protection. Small claims court may be your best and only real option.
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Q: So if my step child steals something, what should I do?

1 Answer | Asked in Criminal Law and Family Law for Utah on
Answered on Aug 27, 2017

Nowhere near enough information to assist you.
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Q: If no custody order is in place can my ex keep my son from me . can I go get him with a police officer

1 Answer | Asked in Child Custody, Civil Rights and Family Law for Utah on
Answered on Aug 22, 2017

This issue needs a local lawyer to assist you. Plus, reading this question, the first thing that comes to an attorney's mind is, "What did you OMIT from this question?"

The fact that she is "keeping" your son from you raises a red flag.

Have you legitimized the child?

Have you been arrested or convicted of crimes?

Who do you live with?

Where do you live, as in a safe place?

Are you addicted to alcohol or drugs?

Quit looking online for...
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Q: my brother and my niece mom are not together and I want to see my niece take her out to the movies do I have any rights

1 Answer | Asked in Family Law and Civil Rights for Utah on
Answered on Aug 15, 2017

Not really. Up to parents.
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Q: Who is the responsible party for resolving a partial reconveyance issue in a lot sale? Sellers, buyers, or title co?

1 Answer | Asked in Real Estate Law for Utah on
Answered on Aug 9, 2017

All of the parties should be motivated to move this along, assuming the seller wants to sell and the buyer (you) still want to buy. The complexity of resolving this type of dispute varies considerably based upon the type of property involved, and the jurisdiction(s) which have authority. Sometimes you have many levels of bureaucracy

to deal with. A real estate lawyer may be helpful in answering the specific questions involved,
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Q: What is the process for a step parent to adopt the child of his/her spouse?

1 Answer | Asked in Adoption, Child Custody and Family Law for Utah on
Answered on Aug 8, 2017

To answer your first question, you can start the adoption process now. However, please understand that 78B-6-136.5 states:

(2)(a) If the prospective adoptive parent is the spouse of the pre-existing parent, a final decree of adoption may not be entered until the child has lived in the home of that prospective adoptive parent for one year, unless, based on a finding of good cause, the court orders that the final decree of adoption may be entered at an earlier time.

(b) The court...
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Q: My daughter us getting charged with 6 retail theft this is the first time she has been in trouble what could happen

1 Answer | Asked in Criminal Law for Utah on
Answered on Aug 7, 2017

Depending on the value of the items taken the case could be a felony charge with prison time. Get in touch with a qualified criminal defense attorney for a consultation ASAP.
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Q: I was pulled over for a DUI I did not go to jail nor a hospital and the cops called an ambulance to come and take my

1 Answer | Asked in DUI / DWI for Utah on
Answered on Aug 4, 2017

"That its no ride", I don't comprehend.

If you required medical treatment, it is your bill. If no insurance to cover it, then call up to get a payment plan, to repay it over time.
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Q: If a car dealership is to tear down a neighborhood, would the seller be required to disclose before selling?

1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Real Estate Law for Utah on
Answered on Aug 2, 2017

Unfortunately for you, no. Although, sellers will typically provide a "seller's disclosures" they are not legally obligated to do so. If they did provide a "seller's disclosures" and proactively said that they were not aware of any major changes to the neighborhood when if fact they did know about it, then you might have something.

As is, it is an arm's length transaction and discovering items such as this is part of the buyer's due diligence. I don't think that this was the answer...
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Q: How many calls and texts from a company does it go to harassment? This company will call and text up to 4 or more times.

1 Answer | Asked in Business Law, Collections and Consumer Law for Utah on
Answered on Aug 1, 2017

I can only assume that you are talking about debt collection. If that is the case, then here is some information, section 806(3) of the Fair debt collection practices act states:

3. Multiple contacts with consumer. A debt collector may not engage in repeated personal contacts with a consumer with such frequency as to harass him. Subsection (5) deals specifically with harassment by multiple phone calls.

Subsection 5 states:

Section 806(5) prohibits contacting the...
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Q: I have 2 judgments, but filed chapter 7 after they were placed. Can they be renewed even though the debt was discharged

2 Answers | Asked in Bankruptcy for Utah on
Answered on Aug 1, 2017

This answer assumes that you reside in Utah and the judgments were entered in Utah. If you reside in another state, the law on enforceability and renewable of judgments will vary. In Utah, if the judgments were entered prior to your bankruptcy filing, and if the judgment creditor filed the proper paperwork with the County Recorder, then the judgments serve as a valid lien against any real property (home, condo, land) that you own in the county in which the judgments were recorded. If that is...
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Q: Why hasn't the prosecution provided my lawyer with the search warrant and affidavit discovery for 4 months?

1 Answer | Asked in Criminal Law and Constitutional Law for Utah on
Answered on Jul 30, 2017

No way to know without much more information.
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Q: If I file a appeal do I need to still do the probation thing

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Utah on
Answered on Jul 28, 2017

It depends on if it is out of justice or district court. Justice you will start over with a clean slate, district, you will still be on probation unless / until the court of appeals overturns the judgment.
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Q: I'M 62 year's old and trying to find an attorney to represent me concerning the tobacco master settlement agreement.

1 Answer | Asked in Personal Injury and Products Liability for Utah on
Answered on Jul 28, 2017

Are you located in Utah or California?
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