First things you need to make sure is that you must meet your state’s residency requirements before you file your petition (formal written request) for divorce in Bountiful, Utah. If you don’t, you won’t be able to start the divorce process. Each state sets its own laws regarding residency. The main factor in residency requirement laws is the period of time you’ve lived within the state where you plan to get divorced. Some states will let you file for divorce without a waiting period, if you currently live in the state. Others may require you to be a resident for anywhere up to a year before you can proceed with a divorce. Grounds for Divorce In Bountiful, UtahDivorces grounds are the legal reasons on which you’re basing your request that the court end your marriage. Grounds fall into two categories: fault-based and no-fault. Fault-based grounds are those that require you to prove that your spouse did something wrong, which caused the divorce. Some typical grounds in this category are adultery, extreme cruelty (physical or mental), and desertion. Today, there aren’t many benefits to filing for a fault-based divorce. However, if your state views fault as a factor in determining alimony or division of marital property, it’s something to consider. No-fault divorce is primarily based on “irreconcilable differences” or the “irretrievable breakdown of the marriage.” In short, these basically mean that you and your spouse can’t get along anymore, and there’s no reasonable prospect that you’ll reconcile. No-fault has become the avenue of choice in most divorces. There are various reasons for this. Because you don’t have to prove your spouse did something wrong, there’s typically less anxiety and tension during the divorce process. This is a big benefit, especially if there are children involved. Also, when you don’t have to fight about fault, the divorce may move more quickly. And, less arguing almost always translates into lower legal fees. Child Custody and Parenting Time (Visitation) In Bountiful, UtahCustody is frequently a hotbed issue in a divorce in Bountiful, Utah. But it’s important to note that custody isn’t the all-or-nothing proposition many people think it is. In deciding custody and parenting time issues, the law requires judges to think in terms of “the best interests of the child.” To the degree possible, that usually means having both parents actively involved in the child’s life. In light of this, “joint legal custody” is often the ideal outcome of a custody case. In this scenario, both parents have a say in the most important decisions in a child’s life, such as education, religious upbringing, and non-emergency medical treatment. “Sole legal custody” means only one parent is the decision-maker, but that’s much more the exception than the rule today. Joint legal custody doesn’t necessarily translate into “joint physical custody,” where a child lives with each parent anywhere from a few days a week to literally six months a year. For any number of reasons, joint physical custody may not be feasible or advisable. In that case, a court will award physical custody to one parent (“sole physical custody”), but normally provide the other parent with a parenting time schedule. A typical parenting schedule will have a parent spending time with the child one or two evenings a week, and every other weekend, perhaps with extended time during the summer. But judges will look at parenting time on a case-by-case basis, and try to tailor a plan that best suits both parents’ schedules. Bountiful Utah Divorce and Child SupportBoth parents are responsible for financially supporting their children. Bountiful, Utah utilizes child support guidelines to calculate how much money a parent must contribute. The amount of support owed is primarily based on a parent’s income, as well as the amount of time the parent will be spending with the child. Child support will usually also encompass other elements, such as a child’s medical needs (like health insurance and medical bills not covered by insurance). Bountiful Utah Alimony in a DivorceThe laws regarding alimony, which is also known as “spousal support” or “maintenance,” have evolved over the years. The current trend is away from lifetime or permanent alimony, which is now typically reserved only for long-term marriages generally considered to be anywhere from 10 to 20 or more years, depending on your state. For example, one type of limited spousal support is called “rehabilitative” alimony. Judges will award this for a period of time they believe will allow a spouse to viably enter the workforce, or perhaps learn certain skills that will make the spouse more employable. The object is to have the spouse become self-sufficient. Another type of short-term spousal support is “reimbursement” alimony, often awarded in short marriages where one spouse contributed to the other’s pursuit of a college or graduate school degree. The theory is that contributing spouses deserve to be repaid for the effort and costs they expended in furthering the other spouse’s education. Some common factors a court considers when awarding alimony in Bountiful, Utah are: Distribution of Property in a Divorce Bountiful UtahIn most divorces in Bountiful, Utah couples will have to divide property and debts. The general rule is that family courts will divide a couple’s marital property meaning property they acquired during the marriage. This would include assets such as real estate, bank accounts, and so forth. How a court goes about doing this depends on whether you live in an “equitable distribution” state or a “community property” state. Most states follow the principle of equitable distribution. This means that the court will divide the marital property between you and your spouse based on the facts of your case. Whatever the judge feels is fair in your particular set of circumstances will determine how the judge distributes the property, it’s not guaranteed that each spouse will get an equal amount. In a community property state, the court will divide all marital assets on a 50-50 basis, unless there is some reason to deviate from this standard rule. In both equitable distribution states and community property states, you usually get to keep any property that you own separately. Separate property generally includes any assets you owned before the marriage and some types of property you may have acquired during the marriage, such as gifts and inheritances. If something is confirmed as “separate property,” it will remain exclusively yours and won’t be divided between you and your spouse during the divorce. The Divorce Process In Bountiful, Utah.A divorce starts with a divorce petition. The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a state court in the county where one of the spouses resides. It does not matter where the marriage occurred. The petition includes important information regarding the marriage. It names the husband, wife and any children and states if there is any separate property or community property, child custody, and child or spousal support. Serving the Divorce Petition In Bountiful, Utah.The petition (or the divorce papers) must be served on the other spouse. This phase of the process is called “service of process.” If both spouses agree to the divorce, the other spouse only needs to sign an acknowledgement of the receipt of service. However, if the other spouse refuses to sign or is difficult to locate, you can hire a professional process server to personally deliver the papers. Completing service of process starts the clock running on your state’s waiting period. It also sets automatic restraining orders on the spouses and helps establish the date of separation. At this point, the spouses are not permitted to take any children out of state, sell any property, borrow against property, or borrow or sell insurance held for the other spouse. Divorce Petition ResponseThe other spouse is known as the “respondent.” Although it’s not required, the respondent can file a response to the petition saying he or she agrees. Filing a response shows both parties agree to the divorce. This makes it more likely the case will proceed without a court hearing, which could delay the process and cost more. Generally, if a response is not filed within 30 days, the petitioner can request that a default be entered by the court. The responding spouse can also use the response to disagree with information presented in the petition. Final Steps of a DivorceBoth spouses are required to disclose information regarding their assets, liabilities, income and expenses. If the divorce is uncontested and the spouses can agree on the terms of the divorce, there is only a bit more paperwork to file. Once the court enters the judgment, the divorce is final. However, the marriage is not formally dissolved and the spouses cannot remarry until the end of the state’s waiting period. If there are disputes that cannot be resolved, court hearings and maybe even a trial will be required. The Different Kinds of Divorce In Bountiful Utah.There’s not just one way to divorce. The differences can be in the law, like fault or no-fault, or in the way you and your spouse approach it, like uncontested, contested, or default. No matter how you slice it, divorce is expensive and time-consuming. The most important variable is how well you and your spouse are able to put aside your anger and grief and cooperate on the big issues of money and children. The better you are at working together to make decisions for your changing family structure, the better for your bank account and for your chances of emerging from the divorce with a decent relationship with your ex. Uncontested DivorceThe best choice, if you can make it happen, is an uncontested divorce. That’s one in which you and your spouse work together to agree on the terms of your divorce, and file court papers cooperatively to make the divorce happen. There will be no formal trial, and you probably won’t have to ever appear in court. Default DivorceThe court will grant a divorce by “default” if you file for divorce and your spouse doesn’t respond. The divorce is granted even though your spouse doesn’t participate in the court proceedings at all. A default divorce might happen, for example, if your spouse has left for parts unknown and can’t be found. Fault and No-Fault DivorceIn the old days, someone who wanted a divorce had to show that the other spouse was at fault for causing the marriage to break down. Now, every state offers the option of “no-fault” divorce. In a no-fault divorce, instead of proving that one spouse is to blame, you merely tell the court that you and your spouse have “irreconcilable differences” or have suffered an “irremediable breakdown” of your relationship. Mediated DivorceIn divorce mediation, a neutral third party, called a mediator, sits down with you and your spouse to try to help you resolve all of the issues in your divorce. The mediator doesn’t make any decisions; that’s up to you and your spouse. Instead, the mediator helps you communicate with each other until you can come to an agreement. Collaborative DivorceCollaborative divorce involves working with lawyers, but in a different way from the usual expectation. You and your spouse each hire lawyers who are trained to work cooperatively and who agree to try to settle your case. Each of you has a lawyer who is on your side, but much of the work is done in cooperation. Each of you agrees to disclose all the information that’s necessary for fair negotiations, and to meet with each other and both lawyers to discuss settlement. You all agree that if your divorce doesn’t settle through the collaborative process, your original attorneys will withdraw and you’ll hire different attorneys to take your case to trial. Divorce ArbitrationIn arbitration, you and your spouse agree that you’ll hire a private judge, called an arbitrator, to make the same decisions that a judge could make, and that you will honor the arbitrator’s decisions as if a judge had made them. Contested DivorceIf you and your spouse argue so much over property or child custody that you can’t come to an agreement, and instead take these issues to the judge to decide, you have what’s called a contested divorce. You’ll go through a process of exchanging information, settlement negotiations, hearings, and, if you can’t resolve the case after all that, a court trial. If this sounds like your situation, you’ll want to talk to a lawyer. Divorce In Bountiful UtahWhen you need to get divorced and you live in Bountiful Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Corporate Lawyer Farmington Utah Can I Get A Divorce Without My Spouse Knowing? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Divorce Bountiful first appeared on Michael Anderson. from https://www.ascentlawfirm.com/divorce-bountiful/
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These Guidelines are designed to help judges, lawyers, and others involved in the Utah Judiciary Background on Two Classes of Deaf Persons Having Special Needs • Social isolation. Some Deaf people lead their lives isolated from both the hearing and Deaf worlds. They may lack the general social and cultural knowledge necessary for communication in any language. Consecutive Mode RequiredWorking with a Deaf-Hearing interpreting team requires the strict use of the consecutive mode in all situations. This means the ASL interpreter begins interpreting into ASL only after the English speaker has completed an utterance. Once that interpretation is completed, the CDI then begins interpreting to the Deaf person using a variety of visual/gestural communication techniques. The process will be repeated in the reverse when the Deaf person is the source of the message to be interpreted. This means that simultaneous interpretation is not viable in this context. Understanding Silent CommunicationThe process of communication in these situations will not always be as linear. Persons who communicate in ASL continuously exchange signed and non-verbal feedback in order to monitor the success of the communication. To the inexperienced observer, these exchanges could appear to be inconsistent with the unbiased role of the interpreter; however, they are in fact essential for successful communication in visual languages. The feedback exchanged between the ASL and Deaf interpreters occurs primarily to clarify a source message. For example, the ASL interpreter may ask the CDI for verification or clarification before rendering an interpretation into English. The feedback that occurs between the CDI and the Deaf party may include not only similar attempts to verify and clarify, but also a variety of strategies to convey the message and fully ascertain the response. Tolerating Silent CommunicationThere will be periods of silence throughout this process. These periods of silent communication may make the court and the attorneys uncomfortable or frustrated. Judges and attorneys should understand and patient since this signing is related to communicating the question to the witness and ascertaining the witness’ response, nothing more and nothing less. Instructions to the Jury When a Deaf Witness Who Has Limited or No Ability to Communicate in ASL TestifiesOne characteristic of the communication style of these types of Deaf persons, i.e., nodding throughout any conversation, warrants special attention by the court. Judges should advise juries of the following: How Much Does an Interpreter Cost?While translators work with the written word, interpreters focus on the spoken word. Professional speech interpreters frequently work in the business, healthcare, social work or judiciary fields, according to the Bureau of Labor Statistics. Available for contract work such as guiding international travelers, interpreters may also interpret at conferences, legal trials or corporate events. Phone and video interpreting services have increased in popularity with the advancing technology. Additional costs: ASL LawyerWhen you need legal help from an ASL Lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Does A Living Will Have To Be Filed In Court? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post ASL Lawyer first appeared on Michael Anderson. from https://www.ascentlawfirm.com/asl-lawyer/ Driving under the influence is a crime, but the idea of getting arrested for DUI for the very first time may not faze many people. After all, it’s a first-time offense, and the law is quite lenient on first-time offenders. While most states categorize first-time DUIs as a misdemeanor, the consequences, both short-term and long-term, remain serious. If ever you’re arrested for a DUI, you will need to fully understand not just the punishments that come with a DUI conviction, but it’s possible long-term impact on your life as well. Here are the things that will happen when you’re arrested for DUI for the first time. • You Will Be Booked: As with any other crime, you will be brought to the nearest police station or jail, where your mugshots and fingerprints will be taken. If you’re allowed to post bail, and someone pays for it, you can be released immediately. • You’ll Be Ordered To Appear In Court: A ticket or a summons will be handed to you at the time of your arrest to inform you of the date you must show up in court for your DUI hearing. • Your License Will Be Suspended: Depending on the state, your driver’s license will be suspended immediately after the arrest if you say no to a field sobriety test or a breathalyzer or blood test, or it will come as part of your sentence once you’re convicted of DUI. • You Can Go To Jail: Some people believe that first-time DUI convicts are only given probation. The truth is, jail terms for first-time DUI offenders are now mandatory in an increasing number of states. As first-offense DUI is classified as a misdemeanor in all states, a conviction could mean up to six months in jail. The sentence, however, may be lengthened if there are aggravating circumstances. Typically, however, first-time DUI offenders serve shorter jail terms and spend the rest of the time on probation or performing community service. • You Will Pay Fines: The fines that courts hand down for DUI convictions may vary from state to state. For a first-time DUI offender, you could be looking at fines of up to $1,800 depending on the state where the offense was committed. • Your Car Insurance Rates Will Soar: Expect to see a sharp increase in your car insurance premiums once your provider learns of your DUI arrest and conviction. The hike could be a few hundred dollars, but it’s not unheard of for insurance rate hikes to reach thousands of dollars. Finding a car insurance company at an affordable rate is going to be tough if you have a DUI conviction haunting you. • You Have To Undergo An Alcohol And Drug Education Program: A first-time DUI convict often gets ordered by the court to complete an alcohol and drug education program. Finishing this program is typically a prerequisite to getting one’s driver’s license reinstated. Under the program, you have to attend hours of drunk driving prevention classes and pay for them as well. Your drinking habits will also be assessed under this program, with a trained counselor performing the evaluation to determine if you are suffering from alcohol abuse disorder. Once the evaluation shows that you have an alcohol problem, the counselor may recommend a court-approved alcohol treatment program before your driving privileges are restored. Does A DUI Conviction Mean You Have A Substance Abuse Problem?The legal and financial consequences of getting arrested and convicted for a DUI are bad enough, but one thing first-time DUI convicts should think about is what it might be telling them about their own health and well-being. If you find yourself at the receiving end of a first-time DUI, it doesn’t necessarily mean that you have a substance abuse problem. It’s possible that you are just a light to moderate drinker who made a bad decision to drink and drive. Nevertheless, a DUI arrest and conviction is a serious sign that you need to contemplate your alcohol consumption. It would be great if you, like most drivers arrested for a first-time DUI, make adjustments to your behavior regarding drinking and driving. However, if you continue to drink and drive and become a repeat offender despite the negative consequences, then you are waving a big, red flag. While it’s not irrefutable proof of addiction, it’s a tell-tale sign that you may have an alcohol problem on your hands, and you will likely need professional help. Get the Services of an Experienced DUI AttorneyShould you ever get arrested on suspicion of DUI, waste no time in hiring a skilled and experienced DUI lawyer to represent you. As a specialist in laws that covers driving under the influence offenses, a DUI lawyer is the best-equipped person to help you get the best possible result for your first-time DUI case. What Happens When A Person Gets A DUI Or DWI?Once a person is pulled over, and their blood alcohol concentration is analyzed, the officer will determine if they will remain in custody. Arrested individuals with a BAC of .08 or higher are typically held in jail. The terminology for drunk driving may vary per state, but some of the most common include: Once released, the person will likely receive a court date where they will then be sentenced. Sentencing requirements for a DUI or DWI vary on a state-by-state basis; however, minimal penalties often require fines and a revoked license. As part of sentencing for a DUI or DWI, a person may be required to enroll in a court-ordered alcohol addiction treatment program. Mandated treatment means that a person must enroll in treatment as part of their sentencing requirements. If they don’t, they could face legal repercussions. In order to determine the scope and necessity of court-ordered treatment, a person is evaluated to determine if there: Treatment For A DUIThe specifics of court-mandated treatment may differ per person and be dependent on the exact circumstances surrounding their arrest. First-time offenders may have a lighter sentence compared to repeat offenders who have had a previous DUI or DWI. While it isn’t necessary to hire a lawyer, legal representation could help a person during the sentencing process. Every DUI offender comes from a different walk of life, potentially experiencing varying levels of alcohol abuse. Sentencing and treatment referral may take into account other factors that could influence the odds of a person experiencing an alcohol-related traffic problem in the future. An example could include a comorbid condition, such as a co-occurring mental health disorder. From this, the court will determine the duration, frequency and intensity of treatment required for each offender. Treatment may be brief and encompass only one or two sessions, take place in an outpatient program and last several weeks or months or include inpatient treatment followed by aftercare. Treatment is often held in a basic alcohol addiction treatment program located in a person’s community, however, options out of town may be available. Additional court-ordered interventions could include: Finding Treatment For A DUIWhile it could be tempting to enroll in rehab only for the minimum amount of treatment required, or in a program offered nearby, better options could exist. Court-ordered treatment can be an excellent opportunity for a person to pursue treatment for longer or in a more specialized setting. If it fulfills the sentencing requirements, choosing an out-of-town addiction treatment program could give a person a better chance of successfully recovering from an alcohol use disorder. How Long Does A Typical DUI Case Last?The DMV hearing is typically scheduled about four to six weeks after the request, and the person is usually either cited in or bailed out for about three or four weeks after the arrest. On a misdemeanor DUI in Utah, the person charged with a DUI will not have to appear in court. Their attorney will make all their court appearances for them so that they don’t miss work, school or time with their family. The first court appearance is for filing the complaints and arraignments; if the district attorney’s office is ready to file the complaint, they will do so that day. Often they need more time to file the complaint. This happens when the blood test results haven’t yet been received from the lab. At that first appearance, the DA might announce to the judge that they need more time to gather information before they will be ready to file a complaint. If they are ready to file the complaint that day, then when the attorney appears in court, the DA will give them a copy of the criminal complaint as well as the police report and the test results. The attorney typically enters a plea of not guilty on behalf of his or her clients. He or she then asks the judge to set the case for a settlement conference in a few weeks. After the attorney has the police reports and a copy of the complaint, they can order additional discovery or evidence that might be needed for the case. Those might include recordings or photographs that were taken during the DUI arrest. The CHP typically records almost all of their traffic stops with a dashboard camera. That gives us an opportunity to order a copy of the video. We can also get copies of any photographs that were taken, any other audio or video recordings that were made, and copies of the calibration and maintenance records of any Breathalyzer machines that were used. If there was a blood test, we would also be able to have that blood retested by an independent laboratory. DUI ProcessThe first thing an attorney should do once they are retained is request the DMV hearing so that they can try to save the person’s driver’s license from the administrative suspension. The attorney should also start gathering information from the client as quickly as possible while their memory of the event was still fresh. They will want to know everything about the DUI stop and everything about the client’s history and their particular situation that might be relevant to the DUI stop. Again, it’s important to get all this information as soon as possible. Consequences Of A DUIThe person could face a fine. They will face DUI school for a first offense. That can be six weeks, three months or even nine months. They also face a suspension of their driver’s license for anywhere from six months to a year, depending on whether or not they refused the chemical test. A person convicted of a first time DUI can be sentenced to anywhere from two days to six months in the county jail. A typical sentence for a first-time DUI would be somewhere in the neighborhood of 2 to 30 days, depending on the circumstances. In most cases, however, the jail sentence would be served on a jail alternative program known as work release. This is where the person works one eight-hour day for the county in exchange for a day of jail. They can do this on weekends or their day off. In addition, they will be on informal court probation for three years. During that time, if they violate any law or drive when they are not licensed or insured, or if they drive with any measurable amount of alcohol in their system, they can be brought back before the court and charged with a new crime as well as violation of their court probation. Factors Which Make the DUI Case More DifficultGetting into an accident makes it worse in terms of the ultimate punishment, even if nobody is hurt, including the driver. The DA and the judge will treat that more severely. Other things that can make the case worse are if a person refuses the chemical test. Punishment will be harsher if the person has a high blood alcohol level. In Utah, there is an enhancement if the person’s blood alcohol level is above a 0.15. There is another enhancement if the blood alcohol level is above a 0.20. And if the blood alcohol level is above 0.20, the judge and the DMV will require a person to complete the longer term of nine months of DUI school. Excessive speeding during a DUI enhances the sentence and makes things worse. It can even be made worse if the DUI occurred in a safety or construction zone. There could be an enhancement for drinking and driving with a minor under the age of 14 in the car. In that case, a person will likely be charged with a misdemeanor or felony child endangerment. That charge carries additional penalties, punishments and probation far beyond what the DUI could impose. Someone who was under 21 can also face additional penalties, because they would lose their license for a year. And, obviously, if anyone was injured, the penalties would be more severe. Common Mistakes By ClientsThe biggest mistake people make is giving the officer too much information. It can be very difficult to negate those tests if a person said too much about how much they had to drink or when they were drinking. Having a bad attitude with the officer can make the report look even worse. Doing very poorly on the field sobriety tests would obviously also be bad. How Do Past DUI Convictions Work?The attorney needs to know if you have ever been arrested or convicted of a DUI before. In Utah, it is considered a second DUI if you are arrested and charged within 10 years of your last DUI. DAs typically can see a previous DUI on someone’s record, even if was more than 10 years earlier, but in that case, you would not be charged with a second DUI. Still, they will make the punishment more severe because, even if the first DUI was more than 10 years ago, the current one is not truly a first offense. DUI LawyerWhen you need legal help with a DUI charge in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Utah Criminal Code 76-5-102(8) Corporate Lawyer Heber City Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Best 84070 DUI first appeared on Michael Anderson. from https://www.ascentlawfirm.com/best-84070-dui/ Utah Real Estate Code 57-1-4: Attempted Conveyance Of More Than Grantor Owns — Effect.A conveyance made by an owner of an estate for life or years, purporting to convey a greater estate than he could lawfully transfer, does not work a forfeiture of his estate, but passes to the grantee all the estate which the grantor could lawfully transfer. Conveyances may occur in many different ways, including but not limited to: • Fee Simple Absolute: A fee simple absolute is a conveyance of real property that gives absolute ownership in the property. The holder of a fee simple has both the present and future interest in the property. The duration is indefinite, and the interest is not subject to any specific conditions. At any time, the holder may sell all or part of the property, or distribute the property at their death through a will. These rights are commonly thought of as simply ownership of the real property, and is the most broad category of property interest; Things To Know About Conveyance Deed And Why It Is ImportantIn the wake of the rising number of instances of fraud and bogus selling of properties, it’s the conveyance deed or the sale deed that gives legal protection to the ownership of your property. By understanding the basics of a conveyance deed, you can guard yourself against getting duped. The document has all the details needed to carry out for the transfer of the property title. This includes the full names of the buyer and the seller, their addresses, etc. The actual demarcation of the property in question, chain of the title of the owners, and the method of the delivery of the property are also stated. Conveyance Deed is required to contain the following: Real Estate AttorneyWhen you need real estate legal help, call the Real Estate Attorneys at Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Can My Husband Divorce Me With Me Knowing? Family Lawyer West Jordan Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Utah Code 57-1-4 first appeared on Michael Anderson. from https://www.ascentlawfirm.com/utah-code-57-1-4/ Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. The process for getting a divorce and acceptable grounds for divorce varies from state to state. In West Valley, Utah, a divorce can be completed on average in a minimum of 180 days, with court fees of $310.00. The state has divorce residency requirements that require the spouse filing for the divorce to have lived in West Valley, Utah, for a minimum of three months. In Utah a couple seeking a divorce can choose either no-fault grounds or can choose the option of filing on traditional fault grounds. Grounds for divorce include: How To Initiate A Divorce ProceedingThere are primarily two types of divorce in Utah: contested and uncontested. If you and your spouse are unable to reach an agreement on the issues in the divorce like those involving property allocation, alimony or child support, you will probably have to endure a long and costly legal process that will involve a trial. Because your spouse will probably hire an attorney to represent and protect their interests, it is strongly advised that you do likewise. Utah Divorce LawyerWhen you need a Divorce in West Valley Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Divorce Cases With Child Custody In Utah Variances And Conditional Use Permits Juvenile Criminal Offenses In Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Divorce West Valley first appeared on Michael Anderson. from https://www.ascentlawfirm.com/divorce-west-valley/ Utah Criminal Code 76-5-102.8: Disarming a Peace Officer–Penalties1. As used in this section: Disarming A Peace OfficerDisarming a peace officer is a relatively simple criminal offense. At trial the an attorney must show five separate elements: How Serious Is A Disarming Law Enforcement Charge?Disarming a Law Enforcement Corrections Officer is a second degree crime and can result in up to 10 years in prison. However, this charge can be enhanced to a first degree crime that carries as much as twenty years in prison and a $200,000 fine under certain circumstances that are discussed later. When Does Someone Attempt To Disarm A Peace Officer?There are three elements that must be present in order for a guilty verdict to be rendered. Specifically, they include: Enhancement to First Degree Disarming of a Peace OfficerAs mentioned above, the majority of charges for disarming a peace officer are in the second degree. However, under certain circumstances these charges will enhance to a crime of the first degree. Specifically, this will happen if, in addition to disarming the cop: Common Offenses You May Be Charged With For Assaulting A Law Enforcement OfficerAssault and battery is a serious offense in Utah that can cause long-term consequences in a person’s life. If a person is charged with assaulting a police officer, the charges can be even more serious. Due to all the news about police assaults, shootings, and killings of officers, the police are becoming increasingly intolerant of any actions that may be interpreted as physical resistance or assault. If you have been charged with an assault on a police officer or a similar offense, you need the assistance of an experienced violent crimes attorney to reduce the harsh sentence that you may face. A person can commit battery through any offensive or harmful conduct, which can be as minor as throwing a snowball or small object at someone, if the person makes some contact with the victim and intended harm to the victim. An assault is an intentional act that makes a person think that he will be offensively touched or intentionally harmed. Since a battery is any unwanted touching, these charges can be raised for any minor action of a suspect. This law applies to police officers and many other government officials, including: Obstruction of Justice ChargesYou may also be charged with obstruction of justice if you prevent the police officer from performing his duties. This offense can also be charged with obstructing a judge, juror, prosecutor, or attorney. You may be charged with this for: Resisting Arrest Offenses in UtahResisting arrest is similar to obstructing justice but is a different offense in Utah. Both involve intentionally impeding a peace officer from performing his duties. Unlike resisting arrest, you may be charged with obstruction of justice in situations other than an arrest. Under Utah law, you may be arrested for resisting arrest for intentionally preventing or attempting to prevent a law enforcement officer from arresting you, with or without a warrant. This is defined as fleeing under one of these circumstances: Resisting Arrest: Laws, Penalties, and DefenseResisting arrest occurs when a person interferes with a law enforcement officer’s attempt to perform a lawful arrest. Some states call the crime “obstruction.” Resisting arrest occurs when a person interferes with a law enforcement officer’s attempt to perform a lawful arrest. Some states call the crime “obstruction.” The crime can be a felony or a misdemeanor, depending on the severity of the actions of the person being arrested. Misdemeanor resisting arrest (or misdemeanor obstruction) can include actions such as running and hiding from a law enforcement officer. Felony resisting arrest usually requires that a person either act violently toward the arresting officer or threaten to act violently. Call Ascent Law LLC For Legal HelpIf you are facing a charge of resisting arrest, consider consulting with an experienced criminal defense attorney who regularly practices in your area. A lawyer can evaluate the strength of the prosecution’s case against you and help develop any defenses you might have. For example, if you believe that your resistance was justified because the arrest was unlawful, you’ll need to know whether your state recognizes this defense, as explained above. A lawyer’s skillful negotiation with the prosecutor can sometimes result in a reduction of felony resisting arrest charges to misdemeanor charges, or even dismissal of the charges. A local criminal defense attorney, who knows how the prosecutors and judges involved in your case typically handle such cases, can assist with these negotiations. And if you decide to go to trial, having a good lawyer in your corner will be essential. Criminal Lawyer in UtahWhen you need to defend against criminal charges in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Armed Robbery Legal Defense In Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Utah Criminal Code 76-5-102.8 first appeared on Michael Anderson. from https://www.ascentlawfirm.com/utah-criminal-code-76-5-102-8/ The Federal Motor Carrier Safety Administration (FMCSA) is the federal agency responsible for devising the laws, rules, and regulations that govern motor carriers in Utah, United States. The FMCSA has also passed many trucking laws and regulations, which have been designed to increase the safety of bug trucks on the roads of the United States. These laws have been enacted in a bid to reduce truck accidents and also increase the safety of the vehicles, drivers, and other passengers on the roads. FMCSA Trucking Laws and RulesTitle 49 of Code of Federal Regulations, as designed by the FMCSA, lists all the laws and regulations that govern the entire trucking industry in Utah, United States. The following are highlights of these federal trucking laws and regulations: Laws and Regulations Applying to Truck Drivers• Licensing Requirements: According to this rule, truck drivers are allowed to have just one driver’s license, which has been issued to them by their home state. The license can be issued to the truck drivers only after they are successful in clearing knowledge and skill tests. Hazmat (hazardous material) carriers are usually required to pass additional tests before being given a valid license. Laws and Regulations Applying to Trucks• Rules for Securing Cargo: Beginning January 1, 2004, the rules for securing cargo and heavy loads in trucks were changed by the FMCSA, in order to make the cargo more secure and minimize the chances of it becoming loose and falling off the vehicle. These rules include new and better provisions for tying down cargo and using better securing devices. • Required Vehicle Markings: Under this rule, all trucks are required to display certain markings on the vehicle. These include their USDOT number, Hazmat markings, etc. In addition to the above, the FMCSA has passed many rules and regulations that govern the actions of trucking companies, and hazardous material carriers as well. These include, but are not restricted to, complying with USDOT safety rules by trucking companies, unfit carrier rules, hours of service logbook rule for companies, hazardous material regulations and how to comply with them, State Hazmat permission and registration procedures, etc. Truck drivers and trucking companies must follow both state and federal regulations. The federal regulations are promulgated by the Federal Motor Carrier Safety Administration (FMCSA) and include all aspects of truck driving. Among the categories the federal regulations cover are drug and alcohol testing, hours of service, vehicle marking, and maintenance. A truck driver’s failure to follow a federal or state safety law is strong evidence of negligence after a truck accident causing personal injuries. Not all states recognize the doctrine of negligence per se, but the states that do recognize this doctrine may allow an inference of negligence if the truck driver violated a safety statute, the violation proximately caused an accident, and the victim was a member of the class that the statute was designed to protect. An inference of negligence can make it easier for a victim of a truck accident to recover damages. Even when states do not recognize negligence per se, evidence that a truck driver caused an accident by violating federal or state safety regulations is strong evidence that a duty was breached. Alcohol and Drug Testing Under Federal LawThe FMCSA drug and alcohol testing rules apply to all operators of commercial motor vehicles with a commercial driver’s license. The test is designed to identify alcohol, marijuana, cocaine, opiates, amphetamines, and PCP in the system. There are four potential testing scenarios: pre-employment, reasonable suspicion, random drug tests, and post-accident drug tests. All trucking employers must have a designated employer representative who is required to oversee employer compliance with the drug testing regulations. A trucking company can only permit a driver to perform duties that require safety if he or she gets a negative result on the pre-employment test. The employer must also interview the potential employee as to drug and alcohol testing history, and obtain records from previous employers. When an employer or supervisor harbors a reasonable suspicion that the truck driver has taken drugs or has drunk alcohol, it has a duty to test that driver. Moreover, random tests chosen through a scientifically valid method and without notice to the driver are required. After a fatal truck accident, testing is required, and even when there isn’t a fatality, any commercial truck driver cited for a moving violation that either involved towing of a vehicle or required medical care away from the scene must also be tested for drugs and alcohol. If a police officer pulls over a truck driver for suspected drunk driving and believes the driver is drunk, he or she may require the truck driver to take a Breathalyzer or blood test. The blood alcohol concentration required to cite a commercial truck driver for a DUI is lower than it is for ordinary non-commercial vehicle drivers. Hours of Service RegulationsCommercial truck drivers must also follow the federal regulations regarding hours of service. Truck drivers hauling property can drive 11 hours each day only after 10 consecutive hours off duty. They may not drive beyond the 14th hour in a row after coming on duty. Furthermore, they are not permitted to drive after 60 hours in seven days in a row, or 70 hours in eight days in a row. Truck drivers who reach the maximum 70 hours of driving within a week may only resume if they rest for 34 hours in a row. This rest must include at least two nights, including the period from 1-5 a.m. Truck drivers must take at least one 30-minute break during the first eight hours of their shifts. Federal Regulations for TruckersDrivers of trucks and commercial vehicles operate their vehicles over hundreds or even thousands of miles of highway. Besides having to pass high standards to be able to operate a large commercial vehicle, a driver must comply by federal regulations that place limitations on the hours that a person can sit behind the wheel. These limitations help to combat a common cause of truck and commercial vehicle accidents: fatigue. Accidents resulting from a truck driver’s fatigue can be life-shattering, especially for the driver and passengers of the vehicle collided with. If you or someone you know was involved in a truck or commercial vehicle accident and believe that driver error contributed to your crash, contact an experienced Utah truck accident attorney. Commercial Driver’s License RequirementsEven before the driver of a truck or commercial vehicle can get behind the wheel, he or she must pass stringent requirements in order to be granted a commercial driver’s license (CDL). These requirements include: Regulations for Trucks• Loads and Freight — Loads should be properly loaded and properly secured to prevent leaking, spilling, or falling. The trucking company and the company that loaded the cargo may be liable if cargo slips or falls from the truck and injures someone. There also are numerous stringent regulations regarding shipment of hazardous materials by truck. Federal Regulations and Personal Injury LawsuitsIf you’ve been injured in an accident involving a truck, you may be considering a lawsuit to recover compensation for your injuries and other damages. When issues involving federal laws and regulations are involved, your lawsuit may need to be filed in a federal court instead of a state court. Federal courts have their own rules and systems that are a little different than state courts, so it’ll be crucial to the success of your claim that you’re represented by an attorney with significant experience handling personal injury lawsuits in federal courts. All truck drivers are required to abide by federal trucking regulations. These safety laws are often involved in truck accident cases, since drivers who cause an accident may be found to have violated one or more of the Federal Motor Carrier Safety Regulations. Truck accident victims pursuing a personal injury claim against a truck driver may find that the driver has violated a law or that the trucking company is legally at fault, in addition to the driver. The intention of federal trucking regulations is to provide for the safety of the driver and others on the road. Some regulations prohibit drivers from operating vehicles while under the influence of drugs or other impairing substances, for example, and others mandate that drivers and companies abide by hours-of-operation laws to prevent fatigued drivers from remaining on the road. Other laws require the trucking company and the driver to conduct regular inspections of their vehicles and ensure that brakes and connections are functioning properly. While some regulations may seem like common sense, such as the requirement that drivers use “extreme caution” in hazardous conditions such as snow or sleet, they are strictly interpreted, and there is a legal requirement that drivers immediately discontinue their travel when weather conditions are severe. Accident victims asserting the negligence of a truck driver may rely on a violation of a federal trucking regulation as evidence of a breached duty of care. Proving negligence in an injury claim requires showing that the driver owed a duty of care and breached this duty, and this breach directly led to injuries and damages. In some situations, there may be multiple violations committed by the driver or trucking company. When a trucking company encourages their drivers to meet unreasonable deadlines and ignore laws such as hours-of-service regulations, this may increase the potential value of the victim’s claim. Claims for damages following a commercial truck accident may be large, and often, trucking companies carry high amounts of liability insurance. Truck collisions can lead to serious injuries and after proving the legal liability of the driver and potentially the company, the accident victim will set forth the full range of the damages that were caused by the collision. These include costs for medical treatment, both past care as well as future, expected treatment. Lost wages from work and a decreased earning ability are also types of damages that may be recovered. Finally, victims may find that they suffer emotional pain and suffering as a result of the accident. These non-economic damages may be set forth and recovered in a personal injury claim after a truck crash. Trucking LawyerWhen you need a Trucking Lawyer in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Bankruptcy Meeting Of Creditors Corporate Lawyer Riverton Utah Are Divorce Records Public In Utah? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Federal Trucking Law first appeared on Michael Anderson. from https://www.ascentlawfirm.com/federal-trucking-law/ Utah Real Estate Code 57-1-3: Grant Of Fee Simple Presumed.A fee simple title is presumed to be intended to pass by a conveyance of real estate, unless it appears from the conveyance that a lesser estate was intended. A fee simple defeasible is a conveyance of property that has conditions placed on it. The holder of a fee simple defeasible possesses the property as a fee simple subject to that condition. If the condition is violated or not met, then the property will either go back to the original grantor or a specified third party. Understanding Fee Simple Vs Leasehold Ownership• Fee simple ownership: Fee simple ownership is probably the form of ownership most residential real estate buyers are familiar with. Depending on where you are from, you may not know of any other way to own real estate. Fee simple is sometimes called fee simple absolute because it is the most complete form of ownership. A fee simple buyer is given title (ownership) of the property, which includes the land and any improvements to the land in perpetuity. Aside from a few exceptions, no one can legally take that real estate from an owner with fee simple title. The fee simple owner has the right to possess, use the land and dispose of the land as he wishes — sell it, give it away, trade it for other things, lease it to others, or passes it to others upon death. What Is Fee Simple Ownership?When a property deed states that the owner has fee simple ownership, he owns the property above the surface of the land and the mineral properties below the surface of the land. The mineral properties may include oil, gas, mineral rocks or coal. Many deeds do not include fee simple ownership, and thus, there may be several ownership interests connected to the mineral estate of a tract of land. Having fee simple ownership indicates the property owner owns both what’s above and under the surface of the land. A concurrent estate describes the various ways in which property can be owned by more than one person at a given time. Three types of concurrent estates are: Real Estate LawyerWhen you need a lawyer who focuses on real estate law in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Corporate Lawyer South Salt Lake City Utah Burglary Legal Defense In Utah Auto Insurance Bad Faith In Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Utah Code 57-1-3 first appeared on Michael Anderson. from https://www.ascentlawfirm.com/utah-code-57-1-3/ Operating a motor vehicle under the influence of alcohol may be termed with different designations under different circumstances or in different states or jurisdictions, including DUI (driving under the influence), OUI (operating under the influence), or even DWI (driving while intoxicated). These offenses are serious and should not be taken lightly. Anyone who is operating a motorized vehicle or a vehicle with any type of drive train can get a DUI-type offense. This includes the use of motorized watercraft, lawnmowers, mopeds, and even non-motorized bicycles. Individuals using skateboards, rollerblades, etc., would not be charged with a DUI offense if they are stopped while they are intoxicated on these conveyances, but could be charged with some other offense, such as public intoxication, depending on the jurisdiction where the offense occurs. A Drunk Driving Offense Is Not Limited to Just the Use of Alcohol If Arrested for a DUI-Type Offense, You Will Spend Time in JailIf an individual is arrested for a DUI-type offense, the arresting officers have the responsibility to remove the individual from the situation and get them off the road. Typically, this means taking them into the police station, booking them, and then putting them in jail until they post bond. In many jurisdictions, individuals must also demonstrate a significant drop in their BAC in order for them to be released on their own recognizance after being arrested for a DUI or related offense. The actual amount of time an individual spends in jail is dependent on the situation, jurisdiction, etc. Is a DUI a Felony?DUI type offenses may or might not be felonies. In most jurisdictions, an individual who is getting a first-time DUI will most likely be charged with a misdemeanor. However, an individual who severely injures or kills someone while under the influence of alcohol or other drugs will be charged with a felony. Some states now also charge individuals with felonies even for first-time offenses if they have a very high BAC; the level can vary from state to state, but as an overall standard, a BAC of 0.15 or higher is a red flag to most legal authorities. If an individual is arrested for a DUI-type offense while their driving privileges have been suspended or restricted, they may be charged with higher-level offenses. The trend in numerous states is also to charge individuals with multiple DUI offenses with felony convictions after they have been arrested many times for DUIs or similar offenses (most often, three times or more). Thus, in many states, after an individual has two (or three) DUI convictions on their record, any subsequent arrests for DUIs are felony convictions. Arraignments Are Easy; After That Get an AttorneyAfter an individual is arrested for a DUI-type offense, they will go to court for an arraignment. At the arraignment, the individual will be formally charged with a criminal offense and will be allowed to plead guilty or not guilty. The standard legal advice is to plead not guilty at the arraignment, pay the bond, get released, and then seek the assistance of an attorney for further steps in the process. Expect Immediate Financial ResponsibilitiesThe entire process of getting a DUI is extremely expensive. Even before one is formally convicted, one should expect to start shelling out money. Individuals often have to pay the court a bond to be released, pay a bond to get their car back, and pay towing charges. They often have to give their chosen attorney a down payment before the attorney begins working on their case. Depending on the situation, other financial responsibilities could be incurred. Even before one goes to trial for their DUI offense, they may have already spent thousands of dollars. Be Ready to Have Restrictions on Your Driving PrivilegesThese days, in most states, it is a safe bet to assume that once an individual is convicted of any DUI-type offense, there will be ramifications on their driving privileges. In most states, an individual who refuses to take a BAC test automatically has their driver’s license suspended. The length of time varies depending on the state but typically ranges from three to 12 months. In some states, the arresting officer confiscates the individual’s driver’s license once they are arrested, and the individual gets a temporary driver’s license until their trial. Upon conviction of any DUI offense, an individual’s driver’s license will most likely be restricted, suspended, or revoked depending on the state and the nature of the offense. First-time offenders most often have suspended licenses for a period of 90 days, but again, these suspensions can vary from state to state and case to case, and they are subject to being shorter or longer depending on the judge and situation. Most often, individuals have to meet certain specifications, such as having interlock systems installed on their car ignition if they are issued restricted driver’s licenses, or they must wait for a specified period of time to get their license back if it is suspended or revoked. In many of these later instances, individuals often have to appear before the Department of Motor Vehicles and formally evaluated in terms of their risk for future infractions in order to get their full driver’s license returned. All of these issues incur a further outlay of money, are significantly embarrassing for most individuals, and produce significant stress and resentment. Expect to Pay More Money for Car InsuranceIndividuals who have DUI offenses on their record pay significantly higher premiums for car insurance. There is no way around this. In many cases, insurance companies may drop them, and individuals are forced to seek out insurance companies that will accept them. These companies typically charge significantly higher rates for limited automobile insurance. Expect to Be Placed on ProbationBecause being convicted of a DUI offense is a criminal offense, the vast majority of individuals will be placed on probation for some period of time following their conviction. Probation costs money, and individuals can expect to shell out more money here. The specifications of probation require that an individual not use alcohol or other drugs, and not be in places where the primary purpose of the business is to serve alcohol (e.g., a bar). Other restrictions may be incurred depending on the state, situation, judge, and the individual’s probation officer. While on probation, individuals are required to notify their probation officer and get permission to leave the state and in some cases even the city in which they reside. One Might Have to Attend an Alcohol Education ProgramMore and more jurisdictions are requiring that even first-time offenders attend a formal alcohol education program. The program can vary depending on the situation and the state where the program is delivered. Expect to pay for the program and have your attendance monitored in some way. The courts will often require that an individual be formally evaluated by a mental health provider that is attached to the court system or a private mental health provider for substance abuse issues prior to going to trial. This assessment often includes an interview with the healthcare provider/clinician and completing a series of tests. The court often uses this information to determine sentencing, probation, the need for treatment, etc. Again, these assessments can be relatively expensive, and the court does not pay for them in most cases. One should expect to shell out even more money for this court requirement if it is imposed. Will I Have To Get Treatment?Yes. Very likely. The legal system does not want to see repeat DUI offenders. Most courts require that individuals receive substance use disorder treatment as a condition of their probation. If individuals do not attend treatment or are not able to demonstrate to the probation officer that they are attending treatment, they could be subject to jail or even steeper fines. The treatment is often specified by the judge and can include participation in Alcoholics Anonymous meetings and/or substance use disorder therapy. Individuals may be required to attend inpatient or residential rehabilitation programs for alcohol abuse. The specification of treatment is often a requirement for an individual to complete probation and may be a requirement for an individual to get their driver’s license back. Upon Conviction, Expect More FinesOnce an individual is convicted of a DUI offense, they are typically fined by the court. These fines will often eat up the individual’s bond and may require the individual to pay additional monies. Individuals can arrange to be put on a payment program because, in many cases, the fines are extensive. More Jail Time Might Be in Your FutureStates are becoming stricter and stricter regarding punishments for individuals who incur DUI-type offenses, even for first-time offenders. Judges are given less leeway in giving out fines and jail sentences in the current milieu and may be required to include incarceration as a result of charging an individual with a DUI-type offense. In most cases, judges have some leeway concerning the length of the sentence they impose, but the trend is that individuals who commit more than one DUI offense will spend some time in jail. Serious repeat offenders or individuals who have injured someone or caused property damage may be forced to spend significant time in prison. In some cases, individuals may be placed on a tether in lieu of a jail sentence and are not allowed to leave their home except during specified periods (house arrest). How Long Does a DUI Stay on Your Record?Once an individual is convicted of a DUI offense, there is a record of it somewhere. In many cases, individuals are required to report these offenses on job applications and for other purposes, such as when applying to the military, applying to certain colleges, etc. Insurance companies often investigate an individual’s driving record for as far back as 5-7 years, and when offenses are uncovered by insurance companies, they will tend to charge higher premiums for services or will not cover the individual. Individuals subject to background checks for employment or other purposes often experience a DUI resulting in complications for certain types of employment. Even though it may not appear in some types of background checks or searches years after an individual has committed the offense, there is always a record of it somewhere. Individuals who have multiple DUI convictions, who have seriously injured or killed someone while driving under the influence of alcohol, or who committed significant property damage while under the influence may have these convictions follow them around for the rest of their lives. Reasons Prosecutors May Reduce or Dismiss DUI Drug Charges• Lack Of Probable Cause To Stop Your Vehicle: Before a police officer can stop your vehicle, he or she must have reasonable suspicion or probable cause to do so. Probable cause is “reasonable suspicion for a traffic stop” This means that you were observed having violated a traffic law, such as: What If The Engine Is On But You Did Not Move The Car?If your engine is running, the officer can assume you had just driven or were about to drive. Other indirect or circumstantial evidence of your having driven include: What Symptoms of Impairment Are Officers Looking For?Classic symptoms of impairment are slurred speech; watery, bloodshot eyes; fumbling with documents; and an inability to understand simple directions or questions. It may be different for drivers under the influence of a drug since different drugs produce different symptoms. If DUI marijuana is suspected, for example, your coordination is usually not affected. Few people who smoked or ingested marijuana exhibit slurred speech or have watery, bloodshot eyes, though they may appear glassy. If the officer testifies to this, a defense expert can counter with studies that refute such conclusions in the majority of subjects. Field Sobriety TestsIn traffic stops where the officer has observed symptoms of drinking or of ingestion of a drug, the officer may request that you take a series of field sobriety tests that test your coordination and balance. These may include: Illegal Field Sobriety TestsThere are certain kinds of field sobriety tests. There is also a specific manner in which they can be conducted. A test done without your consent is one of the reasons the judge may dismiss your DUI charge. Furthermore, if these tests are run in an invalid fashion, then the arrest is considered to be invalid. According to expert impaired driving lawyers, the most common reason for dismissal of a DUI is due to using faulty testing instrument. Thus, they can challenge the validity of the results of a test in a court of law. Right to Speak with Your LawyerAt the time of the arrest, you should be properly notified by the police officers that you can speak with your lawyer. The defendant can challenge the authorities to have violated this basic right while being arrested. If your lawyer can successfully dismiss the license suspension against you, then the prosecutor might be forced to offer you a plea bargain. He or she may withdraw all DUI charges against you for a much lesser penalty because their case will become weaker in the eyes of the law once the driving suspension is over. Although it seems very difficult to remain positive when you are facing Driving Under the Influence (DUI) charges, you should never accept the charges easily. Hire a competent DUI lawyer to defend you. Salt Lake City DUI LawyerWhen you need legal defense from a Salt Lake City DUI Lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
How Does Adverse Possession Work In Utah? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Salt Lake City DUI Lawyer first appeared on Michael Anderson. from https://www.ascentlawfirm.com/salt-lake-city-dui-lawyer/ Utah Criminal Code 76-5-102.7: Assault Against Health Care Provider And Emergency Medical Service Worker–Penalty1. A person who commits an assault or threat of violence against a health care provider or emergency medical service worker is guilty of a class A misdemeanor if: Steps Health Care Provider Should Take After Being Attacked• Try to escape – If you can’t escape, yell loud enough to get help. How Help End Violence Against Healthcare WorkersThe legislature proposed the following, How to Prevent Workplace ViolenceWith violence in society a growing problem, the importance of taking measures to prevent workplace violence has become increasingly urgent to businesses that want to protect the safety of their employees. According to the Bureau of Labor Statistics, between the years of 2011 and 2018, a total of 5,746 injuries resulting from workplace violence were reported. Of these, 3,584 were workplace homicides and 2,825 of these homicides were the result of a shooting by another person. While violence is one of the major causes of death in the workplace, nonfatal cases are more common. Overall, the Occupational Health and Safety Administration estimates there are about 2 million cases of workplace violence a year. The surprisingly high number of incidents varies between verbal and physical abuse to homicides. It is also estimated that about 25 percent of workplace violence goes unreported. These statistics are a strong reminder that violence in the workplace is more common than we might think, but workplaces can take specific measures to prevent and lessen the impact of violence. When you know how to prevent workplace violence, you can be part of the solution and make your company a safer place for all employees. • Training and awareness are key factors in workplace violence prevention. Take the time to have training sessions about how to respond to a violent incident so your staff knows how to react when it occurs. There are some instances where the hospital, facility or even a patient will harm a nurse for one reason or another to include policies, accidents and intentional harm. In these circumstances, the nurse often needs to know how to move forward, what to do to seek recovery options and which choices are possible in the legal world. Nurses and nursing staff work in one of the most dangerous industries in the country. No matter what day they work, there are many hazards both at work and when treating patients that each nurse must confront. These can range from patients that have an imbalance or impairment to the sharp objects that can quickly and easily cut the skin. If equipment or tools slip and fall, they can slice open the nurse immediately. These dangers are everywhere in a hospital, and clinics equally have the same dangers. If working for a private practice, nurses still run into the same types of risks. A personal injury case is possible for anyone that suffers bodily harm at the hands of another person or company that is responsible for the damage. This then progresses to a lawsuit when the plaintiff requires compensation for recovery. The other party’s negligence is then an issue that the victim will need to prove to the judge or jury panel. Evidence and a legal argument presented will help to prove or disprove the claim. Generally, there are numerous rules that apply to these claims and can prevent a nurse from litigation against his or her employer. Negligence and the HospitalThere are elements of a negligence case. For a nurse to sue a hospital, he or she will need to prove that the facility owes a duty of care to the nurse. This exists in the professional guidelines and conduct along with the employment agreement to the organization. The duty of care is what should prevent the facility from letting dangers go unnoticed or from keeping criminals contained. The nurse can sue the hospital for negligence when there is a breach of the duty of care. The other elements must also exist along with a detailed explanation from the legal team. The Elements of the Negligent ClaimWith the duty of care comes a breach. This occurs when the facility knows of danger but does nothing to remove it. Injuries that happen through negligence often lead to lawsuits where the victim can pursue compensation for a full recovery. With the breach, the plaintiff must explain the causation between the breach and any injury sustained. The injury must become significant to seek compensation through litigation. With the services of a lawyer, the nurse can detail the injury, incident and how the hospital or other party is responsible for damages. Who to SueBased on the evidence of either negligence or a breach of the duty of care, the nurse may have one or more individuals or entities to sue. For a patient that attacks and injures the nurse, he or she can sue the patient and either obtain awards through insurance or by a direct attack on the person. However, the facility that has protections in place may not ensure the prevention of such incidents. This could lead to a lawsuit against the hospital or clinic. Then, the nurse will need a greater strength of evidence to pursue the claim legally in the courts. Evidence and the Lawyer’s HelpBy proving the elements of negligence, the nurse or Health worker can effectively sue the patient or hospital that employs him or her. This requires evidence. It is possible to acquire video surveillance captures of the accident or intentional damage. With witness statements, the video and a strong claim, the nurse can provide the courtroom with all necessary and relevant details and proof. With a lack of safety protocols in place, the hospital or clinic could face liability and owing damages to the nurse. The monetary compensation is necessary for recovery and to ensure the nurse can become whole after the injury. MisdiagnosisAlmost hand in hand with delayed care is another one of the most common causes – misdiagnosis. When a patient is misdiagnosed it can be months before they receive the proper diagnosis and the proper treatment to go with it. Treatment for a misdiagnosed illness can actually hinder recovery, causing more problems than there were to start with. There have been thousands of cases of misdiagnosis, in which the doctor or medical staff have failed to notice a serious disease, such as cancer, before it is too late. Misdiagnosis is not always life threatening, but it can have a big impact on the patient’s mental and physical well-being. Misdiagnosed fractures and infections are becoming increasingly common. Doctors are squeezed for time and will routinely miss things. Fortunately, it is rare that it causes a patient undue suffering. Medication ErrorsOn the list of ‘never event’ mistakes (errors which should never happen) and also on the list of most common causes is medication errors. Whether it be that a patient has been prescribed too much of a medication or the wrong medication altogether; the effects of these errors can be devastating. There have been cases in the last year in which patients have had their painkiller dosages doubled, to a fatal amount, due to simple carelessness of the medical staff. Medication errors are seen as ‘never event’ mistakes, yet this hasn’t stopped them from creeping into the top clinical negligence claim causes in the Utah. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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At What Value Should You Get A Trust For Estate Tax Purposes? Why Are Divorce Rates So High? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Utah Criminal Code 76-5-102.7 first appeared on Michael Anderson. from https://www.ascentlawfirm.com/utah-criminal-code-76-5-102-7/ |
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November 2020
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