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It was raining heavily and I was heading home for the day. I was about to turn right onto a road to leave my works parking lot. I looked both ways and saw no incoming cars. However due to the rain and tall plants blocking my view of the sidewalk and I didn't see a man on a bike coming towards... View More 
answered on Sep 4, 2023
A Utah attorney could advise best, but your question remains open for a week. Until you are able to consult with a local attorney on state-specific rules, there are elements on both sides that could be argued - bicycle on sidewalk, vehicle leaving parking lot duty to yield, and other possible... View More
Is this separate from the criminal case and will my car insurance pay for it?
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answered on Sep 1, 2023
In Utah, a DUI charge and a car accident involving personal injury are typically treated as separate legal matters. The DUI charge primarily focuses on factors like blood alcohol content (BAC) and impairment, and the presence of an accident alone may not necessarily enhance the DUI charge itself.... View More
When our mother died, one brother had been appointed “personal representative”, and at the same time I was appointed “attorney-in-fact”. Does the the attorney-in-fact have any authority or say so in the handling of the estate or is it solely up to the personal representative to see that the... View More
answered on Sep 1, 2023
You are right in your understanding that any power of attorney that has been given by the principal (the person who is giving the authority to an agent) expires upon their death. The reasoning for this, is that you cannot be an agent for a dead person. There is no way to see whether the agent is... View More
Is the local cookie company libel? If no clear indication that cookie includes nuts or has been made with nut flour?
answered on Aug 31, 2023
A Utah attorney could advise best, but your question remains open for a week. I hope your son is okay. Only a local attorney could advise on state-specific requirements for labeling - one option is to try to arrange a free initial consult with a local attorney, with the applicable packaging. Good... View More
I was visiting a friend and there was an argument between us and the neighbors . My friends boyfriend went outside and the neighbors started physically assaulting him. I went put to help him and one of them hit me from behind in the eye with a weapon. All of a sudden I hear gun fire and I pull... View More
answered on Aug 30, 2023
Your question has a long list of variables. You really do need to sit down with a qualified criminal defense attorney who can review your criminal history (if any) and the charges you are facing, and discuss the circumstances of your arrest to determine what the best course of action is in your... View More
"Resident and all occupants shall not utilize any website
or social media to negatively discuss its tenancy, Owner, or this agreement. A breach of this provision shall entitle
Owner to recover from Resident such sums as may be deemed actual damages from the breach and an agreed... View More
answered on Aug 29, 2023
Your landlord can ask for this. You don’t have to agree to it
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answered on Aug 24, 2023
In Utah, landlords generally have the right to establish rules and regulations for their rental properties, which may include restrictions on signage. However, restrictions on political signage can sometimes be considered a violation of tenants' First Amendment rights. The specific rules can... View More
He told me despite trying both arms he was just going to “unplug” me because they weren’t getting any plasma from me. He turned off the machine, and immediately after, another worker standing by realized he had turned off my machine before giving me any of my blood back. They hadn’t... View More
answered on Aug 21, 2023
It appears they acted below the standard of care. It is not clear what the nature and extent of your injuries may entail. If the harm is sufficient, it may be worth hiring an attorney.
I recently got but it doesn’t show my last name, but everything is correct. Should that be an issue?
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answered on Aug 20, 2023
As long as you submit a birth certificate accompanied by a photo id, you should be able to prove your citizenship.
Hello! I would like to start a business entity that offers business analytics services and business process recommendations for free. I'm doing this because I want experience doing analytics and consulting not to make money right now. Is there a business entity I can set up that reports no... View More
answered on Aug 16, 2023
yes, you can provide free services to people. Tax returns are required for businesses and individuals who make income.
A simple business to set up would be a single member LLC.
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answered on Aug 15, 2023
It's advisable to consult with an attorney to review the specific details of your case and determine the applicable laws and limitations.
Best regards,
James L. Arrasmith
Founding Attorney and Chief Lawyer
The Law Offices of James L. Arrasmith
This would occur in Utah.
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answered on Aug 9, 2023
The right to an attorney, a part of the Miranda rights, ensures that individuals have legal representation during custodial interrogations. In Utah, as in the rest of the U.S., this right includes the option to remain silent and the right to legal counsel. If you're in custody and the police... View More
Is it possible for me to use a color? "blue" which another business already uses, we are similar businesses but our app layout is very different.
answered on Aug 3, 2023
Someone can always sue; the important question is whether someone would have a reasonable case against you. Usually, color alone is not sufficient to establish an enforceable trademark right, but there are exceptions, when a color has become associated with a particular product in the minds of... View More
I have a voice recording of the doctor that said he was going to pay for my medical bills from this point on. He did plastic surgery on me and it didn't go right and now I've submitted my bills to him and he's not paying them I need help.
answered on Aug 1, 2023
A Utah attorney could advise best, but your question remains open for a week. It's difficult for attorneys to reach out to you - you would need to reach to them. In addition to your own searches, there's a tab above, Find a Lawyer. State and local bar associations also have attorney... View More
They’re only changing my commission structure not hourly.
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answered on Jul 31, 2023
In Utah, an employer generally has the right to change an employee's pay structure, including commission rates, with proper notice. However, the specific rules regarding notice and changes to pay can vary depending on the terms of the employment contract, any applicable collective bargaining... View More
My son is fighting a ticket for failure to obey traffic control device. He is fighting it and the city has now added 2 additional charges that weren’t originally cited. Why?
answered on Jul 13, 2023
It is a common practice for prosecutors to add charges that were given as a warning when someone fights their ticket. Sort of a way to strengthen their position. The prosecutor is ultimately the one who decides what charges are filed so they have the power to add or remove whatever charges they... View More
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answered on Jul 11, 2023
Once you have quit your job, you are generally no longer under any legal obligation to sign or agree to an employment handbook or any other employment-related documents. Employment handbooks typically outline policies and guidelines for current employees, and your resignation typically ends your... View More
Ex girlfriend had another guy on the side, he signed Birth certificate, now she isn’t sure and want a paternity test from me. She’s in a mother state. (Florida I believe) I received a letter from her requesting paternity test. I have doubts I’m the father. Am I required to submit to testing?
answered on Jul 10, 2023
A court can order you to submit to paternity testing but you are not legally required to comply with a letter requesting it.
If one learns one has been named a defendant in a federal civil suit prior to actually being served (say, for instance, by coming across the complaint while reading other cases), does the 21-day "clock" start counting down to respond from the moment one first becomes aware one is a... View More
I'm being accused of insurance fraud in Utah with car insurance? I think it's when my window broke they denied my claim. I filed it, I was out of town, got the days and times mixed up called them back thinking i had mixed the dates and times, I had just got insurance with them. The lady... View More
answered on Jun 30, 2023
A Utah attorney could advise best, but your question remains open for a week. Depending on the claim examiner, it's sometimes possible to resolve with clarifying the errors on the claim. But it looks like you already tried to do that. If they do not accept your explanations, one option is to... View More
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