Usually when you hire an attorney, it’s to avoid being drained financially by an ex-spouse, former business partner or adversary who wants to sue you. But what do you do when you need a lawyer to protect your assets and paying for one is out of the question? In a criminal proceeding, if you can’t afford legal assistance, a court will appoint an attorney for you. In a civil case, generally described as a dispute between two private parties, to get legal representation, you have to get creative. Here’s how to find legal help if you can’t afford a lawyer:
Public Legal Services Family LawyerWhen you need a family 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
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How Much In Debt Should You Be To File Bankruptcy? Is A Private Placement Memorandum Binding? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/affordable-family-law-attorney/
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501c3 rules are the Internal Revenue Service (IRS) guidelines set forth to regulate the activities of certain nonprofit organizations. 501c3 tax status is awarded to charitable organizations and provides them exemption from federal taxes. There are a wide variety of federal nonprofit tax codes, spanning from (1) to (28). 501c3 is one of the most popular yet restrictive tax codes. Some common examples of organizations that fall into this group include trusts and public foundations, but the most popular type of institution is nonprofit corporations. This type of nonprofit tax code stands apart from its counterparts because of the donation exemptions. Individuals or companies that donate to 501c3 organizations are able to deduct the contribution on their taxes. The majority of state governments also allow tax deductions for donations, making gifts to nonprofit entities under this category appealing to many donors. 501c3 institutions can also benefit from state tax reductions such as sales and property fees. Other outlets, like the post office, also provide discounts for certain types of groups. Organizations with 501c3 statuses span a wide variety of industries and service types. One of the main distinguishers of a public charity, at least according to the IRS, is that it isn’t a private foundation. They’re many other things that they look for to approve companies for tax-exemption, and they place a heavy focus on revenue sources. The bulk of public nonprofit’s revenue must be provided by public donations or government entities, and one-third of the public donors must be composed of a broad range of backgrounds and classes. The IRS does allow that funds be obtained from individuals as well as companies, and it can also come from other types of charities. Individual donors can write off donations up to amounts that equal half of their yearly income while corporations can only deduct up to 10 percent of their income. There are many similarities between public and private nonprofit organizations, but there are specific differences that the IRS looks for when determining status. While most private organizations are run by families, the rules for a 501c3 charity demand that the majority of the company’s board members are not related. What Are Restrictions on Activities For Non-Profits?501c3 organizations face extensive restrictions that are much tougher than other 501c tax code categories. Some of these rules include: How Do You Obtain 501(c)(3) Non-Profit Status?In order to obtain 501c3 status, the company or organization needs to complete and file Form 1023. Small entities or those with limited income can use the 1023-EZ Form if they meet the minimal requirements. The IRS requires companies with early earnings of $10,000 or more to pay an $875 filing fee. Organizations with lower revenues are only charged $400 for the application process, but certain entities, like religious institutions, can avoid the entire process as they aren’t required to apply. It’s easy for a nonprofit organization to maintain its tax exempt status and can be just as easy to lose it. Each year, the IRS revokes the tax-exempt status of more than 100 501(c)(3) organizations. Organizations recognized as exempt from federal income tax under this section of the Internal Revenue Code include private foundations as well as churches, educational institutions, hospitals, and many other types of public charities. When Should You File For 501(c)(3) Tax Exempt Status?To get the most out of your tax-exempt status, you’ll want to file your Form 1023 within 27 months of the date you file your nonprofit articles of incorporation. You should really file as soon as possible. If you file within this time period, your nonprofit’s tax exemption takes effect on the date you filed your articles of incorporation (and all donations received from the point of incorporation onward will be tax deductible). If you file later than this and can’t show “reasonable cause” for your delay (that is, convince the IRS that your tardiness was understandable and excusable), your group’s tax-exempt status will begin as of the postmark date on its IRS Form 1023 application. Form 1023-EZ: The Streamlined ApplicationSmaller nonprofits may be eligible to file Form 1023-EZ, Streamlined Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code. This is a shorter, simpler application form that you complete online. Form 1023-EZ may only be filed by nonprofits with less than $50,000 in annual receipts and $250,000 in total assets. If you’re in the ballpark, complete the Form 1023-EZ Eligibility Worksheet contained in the Form 1023-EZ Instructions to determine if your nonprofit meets all the requirements for using the shorter streamlined form. If you are eligible to use it, this version of the form is much easier to complete and will take you much less time. The filing fee is also much smaller.
Non-Profit Lawyer Free ConsultationWhen you need legal help with a non-profit company or charity, 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
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How Much In Debt Should You Be To File Bankruptcy? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/non-profit-attorney/ Utah officially uses the term “driving under the influence” (DUI) instead of “driving while intoxicated” (DWI). However, some people still use DWI and DUI interchangeably to refer to drunk or drugged driving. Utah’s DWI laws prohibit all motorists from operating a motor vehicle: Getting a DUI Without Actually DrivingIn Utah, a motorist can get a DUI even without actually driving. In addition to driving or operating a car, a person may not be in “actual physical control” of a car while under the influence of alcohol, drugs, or with a BAC of .08% or more. The gist of this law is to keep roads safe from even the potential danger that an intoxicated driver creates when getting behind the wheel. Utah courts apply a totality of circumstances test to decide whether a particular driver is in actual physical control of the vehicle. Some factors courts consider include: Plea Bargaining in Utah DUI CasesThe best case scenario if you’re charged with a DUI in Salt Lake City Utah is the prosecution ends up dismissing the charge. But unless the court throws out evidence that’s critical to prove the charge, the prosecution is unlikely to agree to a dismissal. But in some cases, a reduction to an “impaired driving” charge is possible. An impaired driving charge is just an alcohol-related driving offense without the mandatory jail, fines, and license suspensions that come with a DUI conviction. In the United States, Utah has some of the most stringent DUI laws. According to state law, a motorist is considered drunk if they have a BAC of .05% or more, or if they are under the influence of drugs or alcohol to a level that is unsafe to drive. For those motorists under age 21, Utah has a “not a drop” law, meaning these drivers can be charged with DUI and can lose their driver’s license privilege up to the time they turn 21 years old. The can also be charged with other alcohol related charges if there is any detectable amount of alcohol in their system. Driving After DUIWhen you are charged with DUI, one of your first concerns will be if you are still allowed to drive while your case plays out in court. In most situations, this will depend based on a variety of factors. Under current state law, even a first DUI offense may call for a 120-day suspension of your driver’s license and the installation of an Ignition Interlock Device (IID). Plea BargainingWhen you are facing these charges, it will be crucial to work with an experienced Salt Lake City Utah DUI attorney. By doing so, your attorney can work with prosecutors to plea bargain your case down to lesser charges, or possibly even have the charges against you dismissed. If you are given reduced charges such as impaired driving, the good news is that you will not be subjected to the mandatory fines, jail time, and license suspensions that are usually with DUI convictions. In the United States, Utah has some of the most stringent DUI laws. According to state law, a motorist is considered drunk if they have a BAC of .05% or more, or if they are under the influence of drugs or alcohol to a level that is unsafe to drive. For those motorists under age 21, Utah has a “not a drop” law, meaning these drivers can be charged with DUI and can lose their driver’s license privilege up to the time they turn 21 years old. They can also be charged with other alcohol related charges if there is any detectable amount of alcohol in their system. Should you be facing these circumstances, do not hesitate to contact an attorney. Prosecutors usually have a standard first-offense plea offer. In other words, they offer everyone with a standard first DUI the same plea deal which is typically at the lower end of the allowable first-DUI sentence. Generally, an offense is considered a “standard first DUI” if the offender has no prior DUI convictions and the offense didn’t involve any aggravating factors such as accidents, injuries, or a particularly high blood alcohol concentration (BAC). In theory, the standard offer is the same regardless of whether the defendant is represented by a private attorney, public defender, or no attorney at all. So, it would seem that hiring an attorney in a standard first DUI case might not be worth it. This conclusion certainly holds true in some cases. However, in practice, the standard offer is frequently just a starting point. Experienced DUI attorneys can often whittle down the standard offer by pointing out weaknesses in the prosecution’s case or bringing mitigating factors to the prosecutor’s attention. An attorney’s familiarity with local practices, the district attorney, and the judge can also help with these types of negotiations. Accepting a standard offer might also be unadvisable in cases where the defendant has viable defenses. However, an unrepresented defendant is unlikely to know whether there are any such defenses. So, prior to accepting a plea deal, it’s a good idea to at least get a lawyer’s opinion. Public DefendersGenerally, all criminal defendants have the right to an attorney. If you can’t afford to hire your own lawyer, the court will appoint one for you. Appointed attorneys are normally from a public defender’s office. Public defenders handle a large number of criminal cases, including lots of DUIs. So, most public defenders are quite familiar with DUI law and defenses. Public defenders are generally well acquainted with the district attorneys and judges and know their tendencies knowledge that can be beneficial for plea bargaining. Public defenders also tend to have good trial skills because they take a lot of cases to trial. However, being represented by a public defender has its downsides. Public defenders have large caseloads. So, some defendants feel like they and their case don’t get enough attention. And you don’t get to choose your public defender you get who you get. Public defender representation is also limited to criminal court. A DUI arrest normally leads to two separate proceedings: “administrative per se” proceedings with the Department of Motor Vehicles (DMV) and a criminal court case. Generally, defendants who have a public defender will have to deal with the DMV proceedings on their own. Private LawyersWhen you hire a private DUI lawyer, it’s typically to represent you in DMV proceedings and criminal court. Having the same attorney work on both aspects of your case can lead to better outcomes, including a shorter license-suspension period. Most defendants see the price as the major drawback with private lawyers. Hiring a private DUI lawyer will generally cost you between $1,000 and $5,000. If your case goes to trial, it can be even more expensive. (And there are cases where spending the money for a private lawyer won’t get you a more favorable outcome than had you gone with the public defender.) However, hiring a private DUI attorney (assuming you can afford one) can be well worth it. Of course, when you’re retaining an attorney, you get to decide who that attorney will be. Attorneys who specialize in DUI cases often have an in-depth understanding of DUI law and defenses that other attorneys don’t have. In some cases, this expertise can lead to more satisfactory results perhaps, a better plea bargain or dismissal of the charges altogether. Having a private lawyer can also minimize the time you have to spend in court. In some areas, public defender clients must personally appear for all court dates. With private counsel, on the other hand, you usually won’t have to be present for routine court appearances. For many people, especially busy professionals, not having to miss work to come to court is a significant perk. Another benefit of hiring an attorney is you’ll typically get more one-on-time than you would with a public lawyer. Most people feel more comfortable with their case when they get all their questions answered and concerns addressed. You Need an Attorney to Go to TrialThough you’re entitled to represent yourself in a DUI trial, it’s almost never a good plan. The learning curve for trial practice is steep and usually comes only with considerable experience. A lack of legal knowledge and trial skills will put you at a severe disadvantage in court. And judges typically have little patience for self-represented defendants who don’t know the rules of court. The bottom line is you don’t want to try a DUI case on your own—if you’re going to trial, you should have an attorney. Pleading Guilty to DUIMost people who are charged with driving under the influence (DUI) don’t take their case to trial. Generally, trial is the way to go only if you have a decent shot at winning. If the jury finds you guilty at the end of a trial, the time and money (assuming you hire an attorney) you’ll have spent fighting your case will have been for nothing. You’ll end up in the same position or worse than if you had pled guilty or no contest—in other words, resolved your case with what’s often called a “plea deal” or “plea bargain”—at the beginning of the case. But, of course, for the average person, it’s difficult to know whether you have a real chance of beating a DUI charge at trial. However, an experienced DUI lawyer can normally tell you how strong the government’s case is and whether you have any viable defenses. When Do You Plead Guilty or No Contest?The first court date in a DUI case is normally the “arraignment.” At the arraignment, the judge normally asks whether the defendant plans to hire an attorney or wants a court-appointed lawyer. Defendants who have their attorney situation resolved on that first day will typically enter a plea to the charges. Otherwise, the judge might set a new court date for the defendant to come back with an attorney and enter a plea to the charges. In either scenario, the defendant’s initial plea is normally “not guilty.” For defendants, there’s usually no benefit to pleading guilty at the first court appearance. Generally, plea deals a prosecutor offers on the first day are the same or worse than offers that come later. So, it’s typically best to initially plead not guilty and get a new court date a few weeks out or so. This additional time will give your attorney the chance to review the prosecution’s evidence and come up with a legal strategy. Even if you ultimately decide to make a plea deal, this investment of time by your attorney often pays off anyway. With a good understanding of the facts of your case and some legal research, your attorney might be able to get you a better deal by pointing out problems with the prosecution’s case and possible defenses to the charges. Prosecutors who have doubts about their ability to prove a DUI at trial are more apt to offer plea bargains favorable to the defendant. So, in many DUI cases, the defendant ends up entering a guilty or no contest plea at the second or third court date. However, it’s possible for a defendant to enter one of these pleas at any point prior to the jury’s verdict. Prior to pleading guilty or no contest to a DUI, your attorney is supposed to go over the consequences of your plea with you. By entering your plea, you’ll necessarily be giving up a number of constitutional rights. These rights include the right to remain silent, the right to cross-examine the witnesses against you, and the right to a jury trial. In court, you’ll likely have to sign a form that specifies the terms of your plea agreement such as fines, jail time, and the charge you’re admitting to and indicates you understand you’re giving up various constitutional rights. Oftentimes, these forms have boxes to initial next to a description of each constitutional right you’re waiving by entering the plea. The judge handling your case will typically ask you whether you signed the form and understand the consequences of your plea. Once satisfied that you know what you’re getting into, the judge will ask how you want to plea to the charge. You then respond “guilty” or “no contest,” depending on which one you agreed to. When you plead guilty or no contest to a DUI charge, the judge will find you guilty and the court clerk will enter a conviction. This conviction is exactly the same as a conviction resulting from a guilty verdict at trial. Generally, DUIs are misdemeanor criminal offenses. But if the offender has multiple prior DUI convictions or the current offense involves aggravating factors like deaths or injuries, a DUI can be a felony. DUI ProcessThe DUI process is highly complex and technical, and not geared toward making things easy for the offender. The average person even the average attorney cannot reasonably be expected to understand everything that is involved in a successful DUI defense. Arrest, Testing, and ChargesThe roller-coaster ride of a DUI case begins when an officer arrests you for suspicion of driving under the influence. The officer will then take you in for a blood or breath test to verify your blood alcohol concentration (BAC). If your chemical tests comes back with a BAC of .08 or above, a charge of driving with a BAC over .05 will be added. If you refuse to submit to a chemical test, a “refusal” allegation will be added to your charges, and your license could be suspended for 1 year. After the testing phase, you will be booked and (depending on the circumstances and your criminal history) released on bail or a promise to appear in court. The arresting officer will prepare and submit a report to the prosecutor, who will either decline to file charges or charge you with DUI. 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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Foreclosure Lawyer Lindon Utah How Much In Debt Should You Be To File Bankruptcy? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/best-utah-slc-dui/ Although you don’t need to have a specific amount of debt to be eligible for bankruptcy, other issues will determine whether bankruptcy is a good option for you. Bankruptcy laws don’t require debtors to have a certain minimum debt amount to be eligible for bankruptcy relief. In most cases, whether bankruptcy is the right choice for you will depend on your individual circumstances. There is no minimum debt requirement in bankruptcy. How much debt you have is certainly an important consideration when determining whether bankruptcy is in your best interest. But more importantly, whether it makes sense for you to file for bankruptcy depends on: Maximum debt limits for Chapter 13 bankruptcy. While there is no minimum debt amount required to file for bankruptcy, you can’t have more than $1,257,850 in secured debt or $419,275 in unsecured debt if you want to file for Chapter 13 bankruptcy. Filing for bankruptcy is an important financial decision that can affect your credit for years to come. Before you make a hasty decision to file for bankruptcy, consider whether or not you can afford to repay your debts outside of bankruptcy. If you have sufficient income, you may be able to pay off your debts without resorting to bankruptcy. A good credit counseling agency may be able to help you evaluate your situation and determine whether you might be able to pay off your debts through a debt management program. But don’t go to just any credit counseling agency there are many shady organizations that take your money and provide questionable services. There are also certain limits to how often you can receive a bankruptcy discharge. This means that if you don’t have a lot of debt, it may be a good idea to save your bankruptcy filing for when you might really need it. If you can work out a solution directly with your creditors, you may not need to file for bankruptcy. In some cases, creditors might be willing to work with you to cure your default. By negotiating with your creditors, you may be able to: Will Bankruptcy Eliminate Your Debts?Bankruptcy may not eliminate all types of debt you have. Congress has decided that certain debts are too important to be discharged in bankruptcy (these are commonly referred to as non-dischargeable debts). If most of your debts are not dischargeable in bankruptcy, it may not be in your best interest to file. Post-Petition Debt: Bills Incurred After Filing for BankruptcyWhen your bankruptcy case is pending, it’s common to get a bill and wonder whether the balance will be included in your matter. If you incurred the debt after filing for bankruptcy, the court won’t include it in your bankruptcy. It’s a post-petition debt and you should pay it. The automatic stay protection that stops most creditors from engaging in collection attempts during bankruptcy extends to most debts that you can’t discharge, including: Before you file for bankruptcy relief, consider how much income you have and whether you can afford to pay back your debts. If your income is high enough to pay back your debts, you may not qualify for Chapter 7 bankruptcy or you may have to pay back a significant portion of your unsecured debts in Chapter 13 bankruptcy. If you don’t have a lot of debt and you have sufficient income to pay back your obligations, it may be in your best interest to delay filing for bankruptcy until when you really need it. There are limits to how often you can receive a discharge in bankruptcy. If you file to eliminate a small amount of debt you can easily pay off, you may not be entitled to another discharge for many years. You may not have to resort to bankruptcy if your creditors are willing to work with you. If you can settle your debts outside of bankruptcy, you may not need to file. But if your creditors are suing you, garnishing your wages, or trying to foreclose on or repossess your property, filing for bankruptcy may be your best option to stop the collection activities. Filing for bankruptcy doesn’t wipe out all types of debt. Obligations you can’t eliminate with a bankruptcy discharge are called non-dischargeable debts. The most common non-dischargeable debts include: Bankruptcy Lawyer Free ConsultationWhen you need legal help with a bankruptcy 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
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Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/how-much-in-debt-should-you-be-to-file-bankruptcy/ Under Utah tax law, churches are exempt from having to pay federal, state, and local taxes. For purposes of Utah tax law, churches are considered to be public charities, also known as Section 501(c)(3) organizations. As such, they are generally exempt from federal, state, and local income and property taxes. “Exempt” means they don’t have to pay these taxes. This is so even though they may earn substantial amounts of money. Not just anybody can call themselves a church and enjoy a tax exemption. An organization must be an authentic church to qualify. For tax purposes, a church is a place of worship including Christian churches, temples, mosques, synagogues, and other worship places. Churches also include conventions and associations of churches. Usually, it’s pretty obvious whether an organization qualifies as a church. However, where questions arise, the IRS looks at the following factors to determine whether an organization is a church for tax purposes. These include whether it has: Limited IRS Oversight of ChurchesBecause of the First Amendment to the Constitution guaranteeing freedom of religion, the IRS has long adopted a largely hands-off approach to regulating churches. For example as long as an organization qualifies as a church, it need not apply to the IRS to receive its tax exemption—the exemption is automatic. Moreover, churches need not file the dreaded IRS Form 990 or 990-EZ–the annual information forms that other charities must file each year. However, many churches apply to the IRS anyway. The advantages of doing so are that the organization will obtain official recognition of its tax-exempt status which assures donors that their contributions are tax deductible, and it will be listed in IRS records as a qualified charitable organization and it can obtain a determination letter from the IRS stating that contributions to it are tax deductible. How to Be Respectful when Visiting a Hindu TempleIf you are foreign to Hindu temples and culture but would like to learn about this faith, visiting a temple is a good way to begin. You do not have to practice the Hindu religion to visit a Hindu temple; their temples are open for any to visit. You may decide to visit at a significant time, such as when a specific service or ceremony is being conducted. Otherwise, drop by and observe the temple for yourself, or call ahead and ask if they can offer you a guided tour. Since Hindu temples are sacred places to people of Hindu faith, behave calmly and respectfully at all times. Preparing to Visit the Temple• Wash yourself before visiting a temple: Before you plan to go to temple, you should take a shower or bath. Anyone is allowed entry inside a temple, but since temples are spiritual places, it’s traditional to bathe before attending a temple. To prepare yourself mentally and spiritually, you may also wish to take several moments to pray and think about God or your personal spiritual beliefs. • Bring your offerings before individual statues: If you have brought fruit or flowers to offer to the deity, you may do this as you circulate through the temple. Hand each offering to the priest sitting outside the idol’s chamber. Under no circumstances should you enter the inner chamber. The inner chamber or the chamber where the idol is seated is considered the most sacred and private area and no one can go in without previous sanction. If there is no priest outside the chamber, there may be a nearby platform for worshipers to place their offerings on Utah Religious LawReligious law includes ethical and moral codes taught by religious traditions. Different religious systems hold sacred law in a greater or lesser degree of importance to their belief systems, with some being explicitly antinomian whereas others are nomistic or “legalistic” in nature. In particular, religions such as Judaism, Islam and the Baháʼí Faith teach the need for revealed positive law for both state and society, whereas other religions such as Christianity generally reject the idea that this is necessary or desirable and instead emphasize the eternal moral precepts of divine law over the civil, ceremonial or judicial aspects, which may have been annulled as in theologies of grace over law. Types of ReligionThe major religions of the world (Hinduism, Buddhism, Islam, Confucianism, Christianity, Taoism, and Judaism) differ in many respects, including how each religion is organized and the belief system each upholds. Other differences include the nature of belief in a higher power, the history of how the world and the religion began, and the use of sacred texts and objects. Religions organize themselves—their institutions, practitioners, and structures—in a variety of fashions. Hinduism BeliefsSome basic Hindu concepts include: 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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What Are The Signs Of An Unhappy Marriage? Utah Real Estate Code 57-1-5.1 Why Would A Company Consider Going Public? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/lawyer-for-hindu-church/ If you’ve been involved in a Car Accident, then you need to arm yourself with the best Auto Accident Attorney in 84604. Failure to act immediately can result in significant financial exposure to claims against you, regardless of whether you were at fault. Remember, failure to act on getting an auto accident attorney in 84604 could have severe financial consequences, regardless of if you were at fault. Accident Lawyer in 84604 Check my rights after a Vehicle Accident in 84604If you’re unsure of your rights, confused about your insurance policy or find yourself stuck in negotiations with your insurer it’s time for an auto accident attorney to wade into the fray, on your side, representing you and only you in the issue. Sometimes it pays to instruct the best, then stand back and put them into battle for you. Often your insurer may not be acting in good faith and remember your insurer is a corporate entity and out to make a profit for shareholders.
Types of Personal Injury CasesPersonal injury cases often involve the negligent acts of others. This includes automotive accidents, including motorcycle accidents and truck accidents. Personal injury lawyers may also handle other types of transportation accidents, including aviation accidents, bike accidents, mass transportation accidents, boating accidents and pedestrian accidents. They may also handle cases involving premises liability, including negligent security, slip and fall accidents and animal bites and attacks. They may also handle cases involving nursing home abuse and neglect and construction accidents. Medical malpractice cases also fall under the umbrella of personal injury cases. Types of Compensation 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
The post Accident Attorney In 84604 first appeared on Michael Anderson.
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What Are The Signs Of An Unhappy Marriage? Utah probate Code Conservatorship Are 144a Securities Private Placements? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/accident-attorney-in-84604/ The Occupational Safety and Health Administration (OSHA) is a federal agency that establishes rules and handles matters relating to workplace health and safety. The agency also investigates employee complaints in order to determine whether regulations have been violated. The Occupational Safety and Health Act of 1970 set forth the regulatory framework under which Occupational Safety and Health Administration (OSHA) operates. Violations typically result in fines. The Act provides a number of rights to employees pertaining to their well-being, including protections against retaliation: • Working conditions that are free from risk of serious harm Whistleblower Protection Under OSHAUnless you are self-employed or fit one of the other narrow exceptions, you have the right to file a complaint against your employer for OSHA violations. If that employer takes adverse action soon after such a complaint is filed, such as a demotion or termination, the employee may have a whistleblower claim. A whistleblower is an employee who alerts the authorities about a potential violation of the law or the public trust. Since an OSHA violation may involve any number of existing federal laws, the time limits for filing a claim depend on that particular law. For instance, a railroad worker has 180 days in which to file a complaint under the Federal Rail Safety Act, while an employee has just 30 days in which to file a Clean Air Act complaint. If any adverse action is taken after filing such a complaint, you may file a whistleblower claim with OSHA within 30 days. How to respond in the face of a safety or health hazard in the workplace largely depends on whether it poses an imminent risk. If it indeed poses an imminent risk, the employee has the right to refuse that particular work-related task. The employee also has the right to refuse to return to work until the hazard is corrected. But if there is no imminent threat, the employee first should inform the employer of the problem — in writing. If the problem is not fixed within a reasonable amount of time, or if the employee experiences significant resistance, then a complaint may be filed with OSHA (or the appropriate agency). Remember, your employer may not legally retaliate against you for complaining of an OSHA violation. OSHA grants workers a host of rights designed to protect workers from injury, illness and death. Here is a sampling of your rights under OSHA: • Seek medical attention: It goes without saying that your first priority is to seek any medical help that you require. How are OSHA Inspections Conducted?Inspections are conducted by compliance officers. They typically are done without advance notice by state compliance inspectors. Although a prior announcement isn’t necessary, workplace inspections generally must be conducted at a reasonable time, typically during the employer’s normal work hours, and in a reasonable manner. When an OSHA compliance officer arrives at your workplace to conduct an inspection, you have the right to request their warrant. If they cannot provide you with their warrant, you have the right to deny entry. OSHA may get a warrant from a judge. If you allow them entry without asking for a warrant, or let them conduct their search despite not having a warrant after you’ve asked for one, you voluntarily consent to the search. Businesses who are considered low-risk industries may be eligible for the small business exemption. Businesses with 10 or fewer employees are exempted from programmed inspections so long as they have an occupational injury lost workday rate lower than the national average. The national average is published by the Bureau of Labor Statistics. Defenses to OSHA ViolationsYou can defend against a citation by showing any of the following: Types of OSHA ViolationsThe Occupational Safety and Health Administration, or OSHA, enforces workplace safety in the United States. Businesses and work sites are subject to periodic OSHA inspections, and employee safety complaints can also trigger OSHA inspections. These inspections may detect violations of OSHA codes that range from minor to extremely hazardous. There are six specific categories of OSHA violations, each of which carries either a recommended or a mandatory penalty. De Minimis ViolationsA de minimis violation is a technical violation of OSHA rules that have no direct impact on health or safety. It is the least serious class of violation, and inspectors do not levy fines or issue OSHA citations for these violations. Inspectors verbally inform employers about de minimis violations and list them on the employer’s case inspection file. A ladder with 13 inches between rungs rather than 12 inches is an example of a de minimis violation. Other-than-Serious ViolationsA violation of OSHA rules that would not usually cause death or serious injury but that is nevertheless related to job safety or employee health is considered an other-than-serious violation. According to the United States Department of Labor, the maximum penalty for each such violation is $13,494. However, inspectors can choose not to levy a fine, or to reduce the penalty by as much as 95 percent. Inspectors make decisions about penalties based on factors such as the size of the business and the cooperativeness of its owner. Failure to provide copies of safety regulations and failure to post required documentation in work areas are considered other-than-serious OSHA violations. Serious ViolationsWhen an employer knows of or should know of a situation that has a definite chance of causing serious injury or death, but does not remedy it, OSHA issues a serious violation. Inspectors must assess OSHA fines of up to $13,494 for each serious violation, but they can adjust penalties based upon the seriousness of each particular violation, as well as the employer’s previous history, the size of the business, and the good faith of the employer. Failure to ensure that employees who carry heavy loads wear steel-toe boots is an example of a serious violation. Willful ViolationsThe most serious violation category is willful violations, and it is reserved for intentional violations of OSHA rules or situations that show disregard for employee health and safety. According to Health Leaders Media, the minimum penalty for each willful violation is $9,639 and the maximum fine is $134,937. If an employee is killed, the maximum fine is $10,000, six months imprisonment, or both. Occupational Health and Safety Magazine shares that more and more state prosecutors are also pressing criminal charges in these cases. An example of a serious violation might involve a fatal crushing accident because the employer did not implement adequate safety procedures for equipment that had caused prior crushing injuries. Repeated ViolationIf an employer is cited for a particular violation, and a subsequent inspection reveals another identical or very similar violation, OSHA inspectors may cite the employer for a repeated violation. The maximum fine for a repeated violation is $134,937. However, if the employer contests the original violation and is awaiting a final OSHA decision, inspectors cannot consider a violation of the same type to be a repeated violation. Failure to Abate Prior ViolationWhen an employer receives a violation citation, the citation includes a date by which the employer must remedy the situation. If the employer does not do so on or before the specified date, it may be liable for a fine of $13,494 per day from the day after the specified date until it remedies the condition. General ExclusionsMost private sector employers and their employees in all 50 states are covered under OSHA. Unless you are certain that you are exempt from the act, you should assume that the standards apply to your business. Exclusions from OSHA include self-employed individuals, churches, federal and state governments and their political subdivisions. OSHA exempt industries include businesses regulated by different federal statutes such as nuclear power and mining companies, domestic services employers, businesses that do not engage in interstate commerce and farms that have only immediate family members as employees. Record-Keeping ExemptionsBusinesses with more than 10 employees must maintain OSHA injury and illness records unless OSHA classifies the business as partially exempt. If you have fewer than 10 employees during the year, unless OSHA or the Bureau of Labor Statistics says otherwise, you do not have to keep illness and injury records. Your business might classify as partially exempt if it meets OSHA’s low-hazard requirements. In this case, you do not need to keep records of injury and illness. Low-hazard industries include retail, finance, service, real estate and insurance. All employers must report to OSHA any workplace events that caused the death or hospitalization of three or more workers. Multiple EmployersIf you and another employer share the control of your employees, when violations or injury occur, you must determine who is liable for them. To determine which employer is responsible, OSHA considers who has the power to control the employee’s duties and to change her employment conditions, who pays the employees’ wages and who the employee views as her employer. Utah State OSHAIn Section 18 of the Occupational Safety and Health Act of 1970, states are encouraged to establish and administer their own health and job safety plans. OSHA approves and monitors state plans. As of the date of publication, 22 states have developed OSHA-approved plans. The state plan must at least be as comprehensive as the federal plan. One benefit of state programs is that they might cover certain hazards that federal law does not address. Although most states adopt plans that are identical to federal law, the state might set different criteria for businesses that are exempt from state coverage. You can obtain information on your state’s job safety and health plan via OSHA’s website OSHA sanctions can be very severe and difficult to fight. If you are facing an investigation, a local employment attorney can help you meet OSHA requirements. If you were recently inspected, consult with an employment lawyer as the inspection is the beginning of a multi-step process and you may have some defenses. If you are dealing with dangerous working conditions or have been injured on the job you will benefit from the assistance of a legal professional. A lawyer can help determine your rights and help you decide whether you need to sue or will be better off negotiating with an employer. Contact a local employment attorney and let them help guide you to a better, safer working environment. 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
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What Are The Signs Of An Unhappy Marriage? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/osha-lawyer-for-businesses/ Marriage isn’t easy, even for the people you think have everything figured out. An unhappy marriage is when one or both spouses feel like being married is a chore rather than something they look forward to. Maybe their marriage started strong, but now they’ve drifted apart. Problems that were once small or trivial have spiraled out of control they don’t talk, they don’t show affection, and they’re just going through the motions. All they know is things aren’t good, and they aren’t even sure if they are still in love. Knowing how to recognize the signs of an unhappy marriage is the first step in making sure your relationship doesn’t go down a similar path. You’re not even fighting anymoreThe hope is that even after your grittiest arguments where each side feels they are the one in the right, there’s an opportunity to communicate, hear the other person’s perspective, and ultimately resolve the conflict. Couples that aren’t even bothering to fight anymore aren’t interested in the possibility of growing as a couple and repairing the relationship. They are emotionally disconnected, which is one of the telltale signs of an unhappy marriage. Your partner isn’t willing to get helpThe ability to have a healthy relationship requires two people, not one. You may want the relationship to work, but one clear sign that your relationship is in trouble is when your partner isn’t willing to get help or work on resolving the issues as a team. Lack of communicationPerhaps the biggest of signs of an unhappy marriage is when you simply stop talking, even when on the surface, nothing appears to be wrong. You have no desire to share with your spouse how your day went or what you’re feeling or going through. In fact, you may be sharing exciting news or failures with friends or someone else instead. You use to call your spouse to say you’re on your way home, but now you don’t, and if you do communicate, it’s only through one or two-word text messages. You’re not each other’s priority anymoreYou or your spouse have taken the priority off each other and placed it on more hours at work or prioritizing other people in your life. The days of spending quality time together and the occasional date night have been replaced by falling asleep early on the couch and forgetting the other person exists. If your spouse isn’t the priority in your life, your marriage will remain in an unhealthy place, or end completely. Physical or emotional abuseThis is a no-brainer for any relationship. If there is physical or emotional abuse of any kind, your relationship may be past the point of no return. And for your sake as the victim, that may be a good thing. Lack of intimacyA red flag for any relationship that’s on the rocks is if there is little to no intimacy. More than just sex, lack of intimacy includes kissing, hugging, or hand-holding. If you can’t bring yourself to show affection to your spouse, then your marriage is definitely an unhappy one. You both are not physically comfortable with one anotherYou are dealing with the emotional effects of a sexless marriage. Gone are the days when you used to express your love for each other without any inhibitions. You used to hold hands, kiss each other and cuddle. But now, you will notice that you both are not physically comfortable around each other. The idea of having sex with your partner makes you feel awkward and vice versa because your marriage has turned into a loveless marriage and as a result, into a sexless marriage. Intimacy has become so rare in your married life that you fail to connect with your spouse any more. However, you should know that lack of intimacy in your relationship is not just affecting your marriage, but your mental health too. You continuously criticize each otherYou’re both constantly chiding each other. For any mistake (no matter how small), you have to bear each other’s harsh criticisms. You and your partner will make each other feel horrible by highlighting each other’s defects. Instead of helping you become a better person, the continuous criticisms from your spouse will demoralize you and will weaken the bond that you share with him/her. If you were in a happy relationship, then your partner would give constructive advice and not discourage you with harsh comments. You look for happiness outside the marriageThis means you are either prefer spending time alone and enjoying what life has to offer you, or you find yourself getting attracted to another person. While coping with a sexless marriage you start looking for intimacy outside it. This other person is someone you are able to connect with. Who seems to care for you and respect you more than your spouse. You might be having an emotional affair with this person without even realizing it. An emotional affair takes place when you get overly comfortable with someone outside your marriage and end up sharing intimate details about your life with this person. You both fail to appreciate each other Playing the blame game has become a common phenomenon in your unhappy marriage. For any problem that you face, you both start blaming each other instead of finding a solution together. Nothing you do makes your spouse happy and vice versa. The mutual feelings of appreciation are long lost in the relationship and you both start taking each other for granted. Sometimes, you might feel that you’re the only one making efforts to make the relationship work. This is a sign of a loveless marriage. You hardly care about your responsibilities towards your partner There comes a point in your loveless marriage when you hardly care about your responsibilities towards your partner. You do not keep track or simply don’t care about what your spouse’s preferences. What they want to eat, their likes/dislikes, their television preferences et cetera, are of no concern to you. You start caring more about your own needs likes and dislikes and you might not even feel ashamed to shun your responsibilities. Your spouse can exhibit this same behavior as well. You both become selfish in the relationship. You do not care about the sexless marriage effect on your husband. You withdraw from sex which leaves high and dry. Spending time with your partner feels like a task to you You dread spending alone time with your partner. Given a chance, you would rather spend your free time alone or with your family members or friends. Both of you even stop making efforts to plan dates or mini-vacations, because you want to avoid being alone together. There is no effort at intimacy from the husband. How To Survive An Unhappy Marriage• Both of you can make efforts to work things out by either confronting one another or taking the help of a therapist. • Be transparent and accountable: Leave your pride at the door. Transparency and accountability require self-reflection and an examination of your thoughts, behaviors, and intentions. There is no room for convenient omissions of details and information. Your goal needs to be bringing you and your spouse onto the same page. Your intentions, therefore, need to be pure and for the good of the relationship. Your personal commitment to this especially if you have violated your spouse’s trust — will speak volumes about your commitment to the good of your relationship going forward. Saving an unhappy marriage is a commitment to a lot of hard work. But assuming that the marriage is not abusive and you can still see through the clouds misery to the memory of loving light coming through, there is hope. Seeking help for saving an unhappy marriage can help define areas that need work, while giving you tools for working on them. It’s amazing how the “impossible” becomes “possible” when problems are identified and a plan of action is made to overcome them. Free Initial Consultation with a Divorce LawyerWhen the marriage is over and loveless, 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
The post What Are The Signs Of An Unhappy Marriage? first appeared on Michael Anderson.
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Why You Shouldn’t Get A Divorce Multiple Handguns And Form 3310-4 Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/what-are-the-signs-of-an-unhappy-marriage/ Retirement planning is the process of determining retirement income goals and the actions and decisions necessary to achieve those goals. Retirement planning includes identifying sources of income, estimating expenses, implementing a savings program, and managing assets and risk. Future cash flows are estimated to determine if the retirement income goal will be achieved. Some retirement plans change depending on whether you’re in, say, the United States, or Canada. Retirement planning is ideally a life-long process. You can start at any time, but it works best if you factor it into your financial planning from the beginning. That’s the best way to ensure a safe, secure and fun retirement. The fun part is why it makes sense to pay attention to the serious and perhaps boring part: planning how you’ll get there. In the simplest sense, retirement planning is the planning one does to be prepared for life after paid work ends, not just financially but in all aspects of life. The non-financial aspects include lifestyle choices such as how to spend time in retirement, where to live, when to completely quit working, etc. A holistic approach to retirement planning considers all these areas. The emphasis one puts on retirement planning changes throughout different life stages. Early in a person’s working life, retirement planning is about setting aside enough money for retirement. During the middle of your career, it might also include setting specific income or asset targets and taking the steps to achieve them. Once you reach retirement age, you go from accumulating assets to what planners call the distribution phase. You’re no longer paying in; instead, your decades of saving are paying out. Remember that retirement planning starts long before you retire—the sooner, the better. Your “magic number,” the amount you need to retire comfortably, is highly personalized, but there are numerous rules of thumb that can give you an idea of how much to save. People used to say that you need around $1 million to retire comfortably. Other professionals use the 80% rule (i.e., you need enough to live on 80% of your income at retirement). If you made $100,000 per year, you would need savings that could produce $80,000 per year for roughly 20 years, or $1.6 million. Others say most retirees aren’t saving anywhere near enough to meet those benchmarks and should adjust their lifestyle to live on what they have. Whatever method you, and possibly a financial planner, use to calculate your retirement savings needs, start as early as you can. Stages of Retirement Planning• Young Adulthood (ages 21–35): Those embarking on adult life may not have a lot of money free to invest, but they do have time to let investments mature, which is a critical and valuable piece of retirement savings. This is because of the principle of compound interest. Compound interest allows interest to earn interest, and the more time you have, the more interest you will earn. Even if you can only put aside $50 a month, it will be worth three times more if you invest it at age 25 than if you wait to start investing at age 45, thanks to the joys of compounding. You might be able to invest more money in the future, but you’ll never be able to make up for the lost time. • Later Midlife (50–65): As you age, your investment accounts should become more conservative. While time is running out to save for people at this stage of retirement planning, there are a few advantages. Higher wages and potentially having some of the aforementioned expenses (mortgages, student loans, credit card debt, etc.) paid off by this time can leave you with more disposable income to invest. And it’s never too late to set up and contribute to a 401(k) or an IRA. One benefit of this retirement planning stage is catch-up contributions. From age 50 on, you can contribute an additional $1,000 a year to your traditional or Roth IRA, and an additional $6,000 a year to your 401(k). • Identify your risk appetite: What type of investor are you? Are you an aggressive investor who doesn’t mind investing a large amount in equities with the hope of earning higher profit margins? Or are you a conservative type who doesn’t mind settling with a low but steady income? An individual’s risk appetite plays an important role in not just retirement planning but any type of investment planning. Make sure you understand your risk appetite before investing your hard earned money in any retirement scheme. Retirement Planning LawyerWhen you need legal help with a Retirement Plan 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
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Tax And Purchase Procedures For Title 2 Firearms Who Can Buy A Private Placement? Why You Shouldn’t Get A Divorce Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/retirement-planning/ |
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