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Utah Questions & Answers
1 Answer | Asked in Divorce, Estate Planning, Family Law and Arbitration / Mediation Law for Utah on
Q: I want to protect my assets before a divorce by creating a trust. Should I have a trust before or after the divorce?

Is creating a trust the best option to protect my assets before a divorce in Utah? If yes, should I have my trust before or after the divorce? What options I have to minimize the loss of my assets in Utah?

Kenneth Prigmore
Kenneth Prigmore
answered on Nov 17, 2023

If you are already married, the only way a Trust might help is if both of you sign an irrevocable trust, permanently giving up your asset. For example, the irrevocable trust could give the asset to your children. Once you both sign it, you no longer have control over the asset, so neither of you... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Utah on
Q: Can an officer take your phone from you while you are being detained because they don't want you to record it?

This happened in Utah

T. Augustus Claus
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answered on Nov 14, 2023

Police officers cannot take your phone from you while you are being detained because they don't want you to record it. The Fourth Amendment to the United States Constitution protects your right to be free from unreasonable searches and seizures, and this includes your right to record police... View More

1 Answer | Asked in Criminal Law and Banking for Utah on
Q: Charged in 2017. Utah code 76-6-506.3 and.2. Does Statute of limitations apply? A warrant was put out Sept. 2023
Steve D. Hardin
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Steve D. Hardin
answered on Nov 1, 2024

You will need to change your location to Utah to get a good answer. Right now your question is going to Missouri attorneys and you need a Utah criminal defense attorney to answer your question.

Statues of Limitations are state laws so Utah can and likely does have a different statue of...
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1 Answer | Asked in Personal Injury and White Collar Crime for Utah on
Q: White collar atty wanted for Utah, for fraud on the court, permanent injury with 7 m property lien, can you represent?
Tim Akpinar
Tim Akpinar
answered on Oct 28, 2024

A Utah attorney could advise best, but your question remains open for three weeks. It could be difficult for attorneys here to respond to your post offering their services to you. The format is limited to quick Q & A - it doesn't operate like an attorney referral service. The closest thing... 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 Uncategorized for Utah on
Q: I’m having Issues with the New Manager where I have been living They have charges that are not right on my Ledger

I have been having issues that I have been told would be fixed I assumed they was fixed They just fired the previous manager and hired a new one Well now He will not address these issues and I can not talk to him about them Because he claims I’m aggressive and that’s not the case I have been... View More

James L. Arrasmith
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answered on Oct 15, 2024

I'm really sorry you're going through this difficult situation. Start by gathering all your documents, including your lease agreement, payment receipts, and any communication with both the previous and new managers. Having a clear record will help you present your case effectively.... View More

1 Answer | Asked in Real Estate Law, Constitutional Law, Elder Law and Land Use & Zoning for Utah on
Q: Can a Mobile Home resident move his property 5 feet to neighbor's yard and put up a fence ?

The resident just decided to erect a fence on a neighbors yard who has been a resident for 15yrs and is elderly and has been in a hospital for months. A person was a acting as her guardian went to talk to the person who was erecting the fence and was told that she could do it if she wanted to and... View More

James L. Arrasmith
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answered on Oct 14, 2024

Moving a mobile home onto a neighbor’s property without permission is generally not allowed. Property lines are legally defined, and encroaching on someone else’s yard can lead to disputes and legal consequences. Erecting a fence on your neighbor’s land without consent further complicates the... 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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1 Answer | Asked in Military Law for Utah on
Q: How do I contest a will
James L. Arrasmith
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answered on Oct 11, 2024

Contesting a will involves challenging its validity in court. You should start by reviewing the will carefully to identify any potential issues, such as signs of undue influence, lack of mental capacity, or improper execution. It's important to gather any evidence that supports your concerns,... View More

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 Copyright for Utah on
Q: Suppose I found out a famous actor/director is going to turn my life story into his next movie. How can I stop him?

I can't prove he's doing it but I'm sure his plan is to say it was coincidence and change the names and places. Is there anything I can do that would stop him from doing this, or do I just wait for the movie to be released and hope for the best?

James L. Arrasmith
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answered on Aug 31, 2024

If you believe that a famous actor or director is planning to base a movie on your life story without your permission, you have options to protect your rights. Even if they change names and places, the story's core could still be recognized as yours. To take action, you can start by... View More

1 Answer | Asked in Constitutional Law 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

When law enforcement officers enter your home without a warrant or your permission, it can be a violation of your constitutional rights. In this situation, you may have grounds to challenge their actions, especially if they did not have a legitimate reason to believe there was an emergency that... 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

2 Answers | Asked in Car Accidents for Utah on
Q: I did a minor hit and run, I pulled over and the car I hit didn't. Could I be in trouble?

So I clipped a car with my mirror changing into the turning lane. I ended up in front of them in the turn lane. I assumed they would follow me into the less busy side road I was turning into instead of the busy road where it happened and we could get it resolved. But they did not follow they stayed... View More

James J. Lee
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James J. Lee
answered on Aug 29, 2024

You pulled over and reported it. Really, this should be seen as a hit and run.

If the police do call you later, you will probably feel tempted to explain the situation. It would be better to say that you would like to consult with an attorney first.

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1 Answer | Asked in Uncategorized for Utah on
Q: i'm 19 and pay for my phone bill - can my parents take said phone away?

they bought the phone, however i pay my phone bill - they just kicked me out and took my phone stating that i "didn't pay it off"

is there anything i can do?

Tim Akpinar
Tim Akpinar
answered on Aug 24, 2024

A Utah attorney could advise best, but your question remains open for two weeks. If they paid for the phone, the agreement is probably under their name, together with control over the phone. Good luck

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