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2 Answers | Asked in Criminal Law for Utah on
Q: My boyfriend hes being charged with burglary on 3rd degree with unlawful intry he being charged on a fingerprint only

They have him in jail since April 17 on a fingerprint his appointed lawyer don't help him he just wants him to sighn a paper to send him to prison I dont think he should be in there only for a fingerprint they have no other evidence against him hes not on camera they have no Witnesses the... View More

Aric M. Cramer
Aric M. Cramer
answered on Jun 27, 2022

You need to hire an attorney to represent him then.

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1 Answer | Asked in Real Estate Law for Utah on
Q: What happens when our agent told us he sent an extension of the deadlines and they accepted it but they never did?

Agent never sent the amendment to the sellers agent and now we have been in a breach of contract for about two weeks without even realizing it because we were under a different impression. What can we do in that case?

Kenneth Prigmore
Kenneth Prigmore
answered on Jun 22, 2022

The first question will be whether anything negative happens to you as a result. If you don't have to pay anything extra, and you don't lose an opportunity, then there isn't normally much you can do about it.

Read your real estate purchase contract to see what if any...
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1 Answer | Asked in Criminal Law and Employment Discrimination for Utah on
Q: Is it illegal for a person to lie to police, in an attempt to have someone punished for crimes they didn’t commit?

It just seems like certain demographics of people are used to complaining and using the police to manipulate and get things they want. For example, someone accuses hotel staff for stealing there jewelry, in an attempt comp a free room or reimbursement. They then claim they saw a hotel maid wearing... View More

William Melton
William Melton
answered on Jun 20, 2022

The short answer is yes. Lying to the police is illegal and you can get charged with obstruction of justice. Lying to hotel staff is not lying to law enforcement (police).

1 Answer | Asked in Criminal Law and Car Accidents for Utah on
Q: I believed my neighbors where telling the truth regarding me hitting a mail box but I’m realizing they lied?

I was unloading a uhaul, I didn’t consider my blood sugar. I went to move the Uhaul in front off townhomes and out of the alley, my neighbors chased me, I freaked out, I saw one of them wave me down. Came to my senses and stoped to talk to him. They told me, didn’t I notice I hit a mail box, I... View More

Mike Branum
Mike Branum
answered on Jun 20, 2022

You have described an incident but you have not asked a question. It appears you have three paths moving forward: 1) pay the fine and take the conviction as is - simplest and quickest resolution which likely has the most significant impact on your insurance (you may want to contact your insurance... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Utah on
Q: In Utah, if a prohibited person on probation lives with you, does the host forfeit their 2nd and 4th amendment rights?

Are safe rooms or a locked Master bedroom where the prohibited person does not have access, legal to store prohibited items?

Mike Branum
Mike Branum
answered on Jun 17, 2022

No, the host does not forfeit their rights, but exercising those rights would likely send the prohibited person to prison. The prohibited person has lost the right to live with someone whose rights have not been limited without inconveniencing that person with having to live AS IF they had also... View More

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Landlord - Tenant for Utah on
Q: Is it ok that the state of Utah doesn’t have to prove intent to commit a crime, because they assume everyone lies?

I’ve spoken with multiple attorneys and they said that, in the state of Utah, it doesn’t matter. If you know the laws, because the courts in Utah believe that if they required intent, then everyone would just lie and say they didn’t know the laws.

Utah gets a lot of tourism, and... View More

William Melton
William Melton
answered on Jun 14, 2022

It depends on the law, but the overwhelming majority of crimes have an intent requirement that must be proven. There are some crimes such as DUI that are considered strict liability crimes and the state does not have to prove intent. I don't know what attorneys you're talking to, but I... View More

1 Answer | Asked in Criminal Law for Utah on
Q: Let me ask that in a better way, do you have to have intent to to commit a crime?

Because I pulled over and talked to my neighbors, and I told them to get the information from truck and they knew where I lived and who I was. I even called the HOA and asked my neighbors if they were ok with me returning the truck and getting my car. And they said it was fine. But I’m told none... View More

Lance E. Bastian
Lance E. Bastian
answered on Jun 14, 2022

The answer to your question is that you have to have whatever mental state is required as an element of a particular crime. Some crimes must be committed intentionally or with intent, in which case yes, they would have to prove intent. Some crimes can be committed knowingly, recklessly, with... View More

1 Answer | Asked in Health Care Law for Utah on
Q: Does your insurance pay if you're referred from a Dr or is it special thing that insurance won't go through the Dr?

If you get referred to a dental surgeon for wisdom teeth because they are wrapped around nerves or veins, would insurance pay for it?

Tim Akpinar
Tim Akpinar
answered on Jun 1, 2022

A Utah attorney could advise best, but your question remains open for two weeks. Insurance practices are generally governed by state law. But in general nationwide, it can be a matter of demonstrating to the carrier the need for the referral based on "medical necessity." It sounds like... View More

1 Answer | Asked in Family Law for Utah on
Q: In Utah are you required to turn over financials in a grandparent visitation case?

I don't want opposing side to know I'm almost out of money to keep fighting for visitation.

Paul Waldron
Paul Waldron
answered on May 31, 2022

Short answers, based on the following, applicable rule, are sort of, maybe, and yes, unless you seek a discovery protective order (which will cost even more money and may not be granted).

This is from Rule 26.1, Utah Rules of Civil Procedure...
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1 Answer | Asked in Landlord - Tenant for Utah on
Q: Ladder outside my bedroom window. Is this against a reasonable expectation of privacy?

My apartment complex is replacing the roof and in the meantime maintance has put their ladder that they climb up and down all day outside my bedroom window and the complex didn’t give any warning that they would have noisy work going on so it has been interfering with my ability to work (I work... View More

Kenneth Prigmore
Kenneth Prigmore
answered on May 17, 2022

You do have a reasonable expectation of privacy, but even more, you have a reasonable expectation of safety. Take time to think through the problem, any possible solutions (like a better place to put the ladder) and then write them down, sign and date it, save a clear photo or scan of the document,... View More

1 Answer | Asked in Traffic Tickets for Utah on
Q: Given a ticket for speeding on I15, officer didn't write my license info on the ticket, just my name. NY state. plead no

I was given a ticket for speeding on I15 , officer did not write my driver's license information, just my name, I have a NY state license. I want to fight the ticket for lack of information on the ticket and I went to court to dispute it for missing information on the ticket. Is it enough for... View More

William Melton
William Melton
answered on May 9, 2022

The short answer is no. There is a misconception that some missing or inaccurate information on a ticket is grounds to have it dismissed, but unfortunately that isn't the case. Any issues in the ticket can be fixed by the prosecutor and things like your driver license number are just ways to... View More

1 Answer | Asked in Criminal Law for Utah on
Q: Whyd you assume I just wanted to complain about loosing a case?

My attorney gave me empty promises told me a price then that price sky rocketed right after his promise fell through. He then told me if I go to treatment and and stay in contact with him I won't get a warrant well multiple rehabs and calling him withy case managers and talking to his clerk... View More

William Melton
William Melton
answered on May 8, 2022

I would suggest reviewing the agreement you signed with the attorney and seeing if they will discuss it with you. If they told you it would cost one amount and changed it it may explain why in the agreement you signed. It is impossible for anyone to explain why an attorney would have advised you a... View More

1 Answer | Asked in Criminal Law for Utah on
Q: I had a bad court experience and got told to get an attorney or go to the BAR and I want to know if it's worth my time
William Melton
William Melton
answered on May 8, 2022

You cannot go to the Utah Bar because you had a bad court experience. Attorneys have certain standards that they must follow for ethical and other reasons. The Bar oversees those ethical guidelines. They're not the attorney's supervisor that you complain to if you lost a case. If you feel... View More

1 Answer | Asked in Landlord - Tenant for Utah on
Q: can a landlord deduct from the security deposit every time you resign?

I began my tenancy in 2018 with a $2,400 deposit (20% non refundable). I have signed a new lease every year since and every term 20% is deducted. Now the lease sows $984 as the deposit. Is this legal?

Kenneth Prigmore
Kenneth Prigmore
answered on May 6, 2022

The answer depends on what you agreed to. An attorney will need to review each of the rental agreements you signed to be sure. Also, you can ask the landlord to produce a document that shows how that money was applied to specific costs and expenses.

1 Answer | Asked in Bankruptcy and Collections for Utah on
Q: Injunctive Relief for credit reporting accounts that were included in wage earner plan

I had on time payments on all of my accounts even when i filed bankruptcy. Once it was officially filed all 14 accounts were reported as negative marks as being banktruptcy.

When i have previously filed bankruptcy this never happened. One of the accounts is my car loan that I still make... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 5, 2022

Generally, the credit bureaus just publish comments about your accounts submitted by those creditors who subscribe to any of the credit bureau's service. The credit bureau itself doesn't generate comments about particular accounts, although the bureaus may have picked up your bankruptcy... View More

1 Answer | Asked in Civil Litigation and Contracts for Utah on
Q: I recently purchased a puppy. I was charged more than the amount on the contract.

The contract price was $2,035. I was charged $2,700. I did not even realize it until now. Am I entitled to the $665 back?

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Apr 22, 2022

Yes,

You are. If the contract had price listed as $2,035, and they charged $2,700, then you are due a refund of the amount. Have you contacted the seller yet? I can't imagine that they would have a problem issuing a refund.

Contact them first and as soon as you can. This...
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1 Answer | Asked in Banking and Landlord - Tenant for Utah on
Q: What are my rights as a tenant when the Landlord illegally withdrawals everything in my checking plus more?

I went to make my rent payment but instead of the payment I requested to make the portal I used withdrew everything illegally

Kenneth Prigmore
Kenneth Prigmore
answered on Apr 18, 2022

If you agree to have a specific amount taken from your account, then that is normal. If any other amount is taken without your permission, the landlord needs to return it immediately or they will be criminally liable. Tell the landlord they need to return the extra funds or your next call will be... View More

1 Answer | Asked in Traffic Tickets for Utah on
Q: Is a traffic plea in abeyance in one city jurisdiction voided by a citation in another city jurisdiction?

My son received a speeding ticket in one city and entered in a 6 mo. plea and abeyance. A month later he received a speeding ticket in a different city. Will the second ticket void the first plea and abeyance or is it held separate by jurisdiction?

William Melton
William Melton
answered on Apr 13, 2022

Most likely yes. Any moving violation is likely a violation of the plea agreement, even if it occurred in another state. The question is whether or not the prosecutor discovers it. Typically they do, but I have seen cases where they don't see them if the case has not been resolved yet. It may... View More

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Do we need to give a landlord our paystubs while we’re in the lease?

We have a roommate on the lease wanting to move out. In order to move out the landlord needs current paystubs for the remaining roommates. The lease ends in august.

Kenneth Prigmore
Kenneth Prigmore
answered on Mar 26, 2022

It is not normal to show paystubs to landlords. It sounds like your landlord is concerned about whether the remaining tenants can afford to pay the rent if one of them leaves.

The relationship is controlled by the length of the rental agreement everyone signed. If the person who wants to...
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1 Answer | Asked in Copyright for Utah on
Q: When is it ok not to get permission for use for an idea? I plan to publish (asap) a book of primary singing time ideas..

I need help from someone who knows book publishing/copyright law well. I thought I was good, but I should have made sure...I've put together a book. It's a list of over 100 activities that can be used for primary singing time. I gathered ideas from all over (mainly online in a public fb... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 25, 2022

Ideas are not owned, nor are they subject of copyright, which protects only "works of expression."

Your compilation is itself a work of expression (namely, yours) and you own the copyright in that work.

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