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Utah Civil Rights Questions & Answers
1 Answer | Asked in Landlord - Tenant and Civil Rights for Utah on
Q: Excessive noise from new tenants upstairs, management refused lease renewal, accused wife of racism.

I have been living peacefully in my apartment for 15 years. Recently, new tenants moved in upstairs, and their excessive noise has become unbearable, requiring constant adjustments in our home. Although we contacted management last week about this issue, it has worsened, and they have now stated... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation is deeply troubling, especially after being a model tenant for 15 years. The sudden refusal to renew your lease following legitimate noise complaints could potentially be retaliatory action, which is prohibited in many jurisdictions. The racism accusation adds another troubling... View More

1 Answer | Asked in Divorce, Domestic Violence and Civil Rights for Utah on
Q: Am I required to disclose my address in a divorce if my spouse has stalked me?

I have received a petition for divorce and I am concerned about Civil Rule 109, which requires me to disclose my address. I'm hesitant because my spouse has previously stolen from me and stalked me. I haven't taken any legal actions yet regarding these incidents, and I am planning to... View More

James L. Arrasmith
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answered on Mar 24, 2025

You have valid concerns about disclosing your address given your safety situation. Many states and jurisdictions have protective measures for individuals in your circumstances, often allowing you to use an alternative address or file confidentially when there's documented harassment or... View More

1 Answer | Asked in Civil Rights and Uncategorized for Utah on
Q: wife and i was staying in shelter. They done searches without consent. and they also demanded to do a strip search on me

3 workers at the shelter asked me to take all my cloths off so they can search me. but the 3 people where all women. There wasnt a male presant at no point on any of this and when i refusued i was told to leave and never come back but told wife to stay and not leave

James L. Arrasmith
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answered on Feb 9, 2025

That situation sounds extremely unfair and possibly illegal. No one should be forced into a strip search, especially without proper procedure, consent, or a same-gender staff member present. If they kicked you out for refusing, that could be a violation of your rights, depending on the shelter’s... View More

1 Answer | Asked in Civil Rights for Utah on
Q: Is a policeman allowed to contact my parents about me getting pulled over without my permission if I am 18?

I was given warnings for speeding and failure to stay in one lane and my registration was expired. The policeman also found firecrackers in my trunk from another state which he said were illegal. He called my mom the next day.

James L. Arrasmith
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answered on Oct 18, 2024

When you are 18, you are legally considered an adult, and generally, law enforcement does not need your permission to contact your parents. However, there are situations where officers might choose to inform your family, especially if they believe it could help resolve the situation or ensure your... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Utah on
Q: Civil rights violation? If adult sprays a physically disabled child with water twice to make the child move off sidewalk

We currently have police report documentation, witness statements and a letter of declination from the City Prosecutor.

James L. Arrasmith
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answered on Oct 12, 2024

I'm sorry you're facing this situation. It's important to reach out to a qualified attorney who can review the details of your case and provide guidance tailored to your circumstances.

You might also consider contacting civil rights organizations for support and resources....
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2 Answers | Asked in Personal Injury, Admiralty / Maritime, Civil Litigation and Civil Rights for Utah on
Q: Which successful law firm can represent me in fraud on the court case in Utah, filed 7m property lien. W/ Perm. Injury.
Tim Akpinar
Tim Akpinar
answered on Oct 11, 2024

It's difficult for attorneys here to take up your offer to represent you. The format is brief Q & A - no solicitation or attorney referral. The closest thing to an attorney referral here is the "Find a Lawyer" tab above, which lists attorneys by region and area of practice. You... View More

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1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Utah on
Q: How to process fraud on the court UT. Civil case dated 1991.

Judge otherwise terminated property lien without jurisdiction nor authority.. judge and property owner were golfing buddies prior to permanent injuries sustained on 2 7 91. The property lien filed in summit County for 7 m, 1995. Lien soon thereafter terminated.......

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry you're facing this situation. To address fraud on the court in Utah for a case from 1991, you should first gather all relevant documents, including court records, the property lien, and any evidence of the relationship between the judge and property owner. This documentation... View More

1 Answer | Asked in Criminal Law and Civil Rights for Utah on
Q: How does the change to Utah Code 76-10-5 (Firearms Restricted Persons) 7 year thing work as far as background checks go?

I see that Utah has changed the law recently where if your felony is non violent and only a single episode that you are no longer a prohibited person from owning a firearm after 7 years (Utah Code 76-10-5) . However, seeing that the felony would still be on one's record, how does it work... View More

James L. Arrasmith
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answered on Sep 30, 2024

Under the recent changes to Utah Code 76-10-503, if your non-violent felony is from a single criminal episode and more than seven years have passed, you are no longer considered a prohibited person from owning a firearm in Utah. This means your firearm rights are effectively restored under state... View More

1 Answer | Asked in Criminal Law and Civil Rights for Utah on
Q: What privacy laws would apply to me in a program where I'm homeless in my curtains being shut for privacy

I'm in a homeless program and they moved us up to a motel most recently as state of Utah and I'm being told I cannot have my window curtain shut it must be opened at all times their rules they have to be able to see in what rights do I have toprotect my privacy

James L. Arrasmith
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answered on Sep 7, 2024

In Utah, your right to privacy, even in a homeless program, is important. While programs and shelters may have rules to ensure safety and security, they must also balance these with respecting your dignity and privacy. If a rule requires you to keep your curtains open at all times, you can ask for... View More

1 Answer | Asked in Civil Rights for Utah on
Q: What should I do after being raided?

The local drug enforcement team came into my apartment looking for drugs. When I asked for a warrant, the officer had to go and get it from outside. When he returned, he showed me the warrant. In the middle of the front page was my address, which indicated where the warrant was to be served. Next... View More

James L. Arrasmith
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answered on Sep 7, 2024

It sounds like you went through a very distressing experience. If the warrant was specifically for your neighbor's apartment and not yours, you may have grounds to challenge the validity of the search of your apartment. The alteration made to the warrant, especially after it was issued by the... View More

1 Answer | Asked in Civil Rights for Utah on
Q: What can I do when 3 LEO's entered my home without a warrant or my permission? Please see summary of incident below.

Approximately three weeks ago at 9:30 PM three cops came into my locked house WITHOUT my permission for what they claim was a "welfare check" they CLAIMED that "someone had called them that evening and reported that they hadn't seen or been able to get ahold of me for over a... View More

James L. Arrasmith
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answered on Aug 31, 2024

You have every right to feel concerned about this situation. When law enforcement officers (LEOs) enter your home without a warrant or your permission, it can be a violation of your constitutional rights, especially if there was no imminent threat or emergency justifying their entry. In general,... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Utah on
Q: I've tried to buy a pistol recently and failed the background check because of an expunged juvenile record. Why is that?

I have the paperwork saying the record has been expunged, I don't get why it's showing up. It didn't show up when they did a deep background check when joining the army. Did someone at court make a mistake while expunging my record.

James L. Arrasmith
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answered on Aug 31, 2024

It can be frustrating to see an expunged juvenile record still affecting your background check, especially after successfully passing other checks, like for the military. Expungement typically means that the record should not be accessible or considered during most background checks, including... View More

1 Answer | Asked in Family Law, Banking and Civil Rights for Utah on
Q: If I'm 19 and my parents steal my money do they have to pay me back for the money they stole from me

I get paid two times a month and they force me to give them 160 and I'm 19 and they have been doing it since May last year

James L. Arrasmith
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answered on Jul 27, 2024

I'm sorry to hear about your situation. At 19, you are legally an adult, and your earnings are your property. Your parents should not take your money without your consent, and doing so could be considered theft.

You have the right to seek legal advice to understand your options better....
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1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Utah on
Q: What can be done on a 34(e) plea in juvenile Court claiming abuse

Losing full custody due to a 34(e), dcfs involvement with little to no progress in 2 years time, mentally ill mother (bpd), needing to fight back against childs mother and dcfs maybe find a way to withdraw/change the 34(e) plea.

James L. Arrasmith
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answered on Jul 27, 2024

To address a 34(e) plea in juvenile court, you should start by consulting with your attorney about the possibility of withdrawing or amending the plea. It's important to gather all evidence of any abuse or mistreatment and any documentation showing efforts made towards improvement over the... View More

Q: In Utah do they have a law that protects employees with a disability caused by COVID long haulers (Post Covid)?

I work for insurance company, and I have Covid long haulers. I have an accommodation oh file to address my disability. I have some difficulty with cognition at times. I have done better recently and continue to improve with treatment. But my doctor states I will never be like I was before Covid. I... View More

James L. Arrasmith
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answered on Jun 15, 2024

In Utah, employees with disabilities, including those caused by COVID long haulers, are protected under both state and federal laws. The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations for employees with disabilities. This includes making adjustments to... View More

2 Answers | Asked in Consumer Law, Personal Injury, Civil Rights and Constitutional Law for Utah on
Q: Can you sue a company for posting pictures of something you constructed (built) with out recognizing you as the builder?
T. Augustus Claus
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answered on Oct 24, 2023

In Utah, you can potentially sue a company for using pictures of something you built without crediting you, but the outcome depends on various factors. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

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1 Answer | Asked in Civil Rights and Employment Discrimination for Utah on
Q: Can I take my employer to civil court if I am waiting for eeoc interview and I have solid proof of discrimination
Benton Matthew Eskelsen
Benton Matthew Eskelsen
answered on Mar 30, 2023

In short, no. You have to exhaust the administrative remedies before seeking recourse through a personal civil law suit. An employment attorney could help you navigate how to expedite the process, however.

1 Answer | Asked in Criminal Law and Civil Rights for Utah on
Q: I am being charged two second and one third degree felonies for a house I used to live in getting raided 4 months after

I had already moved

Aric M. Cramer
Aric M. Cramer
answered on Feb 21, 2023

Well you haven't asked a question, so I don't have a response other than if you would like a consultation feel free to call my office and set up a phone or in person meeting.

1 Answer | Asked in Immigration Law and Civil Rights for Utah on
Q: If a citizen married an immigrant does that immigrant become a citizen

My friend is having trouble getting medicine for epilepsy because they say he's not a citizen but he's married and has filed w-2s before

Monica E Rottermann
Monica E Rottermann
answered on Nov 29, 2022

No, marriage to a U.S. citizen does not confer citizenship on the spouse. Your friend’s wife would have to immigrate him for him to obtain lawful permanent residency in the United States. Your friend should consult with an immigration attorney to find out if he is eligible to immigrate through... View More

1 Answer | Asked in Criminal Law and Civil Rights for Utah on
Q: I thought I would have a trial after pleading not guilty but instead I'm facing disposition in court today. Why.
Lance E. Bastian
Lance E. Bastian
answered on Jan 31, 2022

It sounds like whoever set the disposition hearing was under the impression you were ready to change your plea. If you have been arraigned (which is to say you have formally entered a not-guilty plea), that would be the only reason to set it for disposition. Don't worry, though. Unless you go... View More

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