Once you have been injured in South Jordan by someone else, you have likely already begun the personal injury lawsuit process. Knowing you may have a legal claim should push you forward to: Notify the Insurance CompanyIf you were hurt in an accident caused by another individual’s carelessness or recklessness, your first option is to turn to the responsible person’s insurance company. It rests on your shoulders to notify the insurer of the accident, your injuries, and a forthcoming claim. Many personal injury claims are settled by the individual’s insurance carrier. However, it can take years to reach a fair agreement. It is also possible that the insurer will fight your claim, attempting to deny responsibility or make lowball offers. Hire An AttorneyOnce you have been injured and notified the relevant insurance company about the accident, then your next step should be to find an attorney. Insurers do not always play fair. Their main goal is to save themselves money, which means they will hunt for reasons to deny your claim or limit your compensation. A lawyer can protect you from an insurer’s bad faith or aggressive practices and seek to protect your rights and obtain the maximum compensation for your injuries. Gather Evidence to Support Your ClaimWhile the insurance company will conduct its own investigation into the accident, your attorney can investigate independently on your behalf. Your attorney may find evidence the insurance company overlooks or may view evidence in a different light than the insurer. This can help you build a stronger case or better address weaknesses. Attempt To Negotiate A Personal Injury Claim SettlementOnce the insurer and your attorney have had time to investigate the accident, you may receive a settlement offer. The first offer from an insurance company is often low and there is usually considerable room to negotiate for a higher amount. Consider MediationIf you and the insurance company do not see eye-to-eye right away on a settlement amount, you or the insurer may request mediation. This is a type of alternative dispute resolution and is not a trial. You and your attorney and the insurer’s representatives will meet with a neutral third party in one or multiple sessions. The mediator does not make any decisions and is only there to guide the discussion. During these sessions, each side presents their arguments until a settlement agreement is reached or not. Filing A Personal Injury LawsuitThe appropriate time to file a personal injury lawsuit depends on your exact circumstances. In some situations, your attorney will advise filing the suit if settlement negotiations fail. However, your lawyer may recommend filing the lawsuit earlier, such as during the claim investigation, because the legal discovery process can enable you to gather more information. Filing suit can enable you to learn more about what caused the accident, which may bolster your claim for compensation. Utilize the Discovery ProcessAfter you file a personal injury lawsuit, you and the defendant, which will be the responsible individual represented by the insurance company, have the opportunity to utilize the discovery process to gather evidence. During discovery, each side can ask the other to answer questions, provide records, and give depositions. This may provide you information that supports your claim, prove the other individual’s fault, and enable you to ask for a greater amount of compensation. Continue Settlement NegotiationsFiling a personal injury claim lawsuit does not mean your case will go to trial. Settlement negotiations can continue until the time of the jury’s verdict and ultimately, most personal injury claims settle short of trial. Go To TrialIf you and the insurer do not come to an agreement, then you and your attorney may decide to proceed with trial. By trial arrives, you will be thoroughly prepared. You and your attorney will have thoroughly investigated your situation, hired expert witnesses to testify on your behalf, and prepared the case. While the trial may be a new experience, none of the information presented should come as a surprise. Once your attorney and the defendant have presented all of their evidence and closed their cases, then the judge or jury will deliberate and decide your case. What Qualifies as a Personal Injury Lawsuit?If you have suffered an accident or injury caused by someone else, you may be considering filing a personal injury lawsuit. It is important to know the process of filing a claim and what goes on in the process of personal injury cases. Why File a Personal Injury Lawsuit?Personal injury can greatly reduce the quality of life for the sufferer. As the plaintiff, the burden of proof is on the injured to prove that the injuries were caused by the negligence or carelessness of another party. The key term is negligence. Negligence can be described as intentional or unintentional action or inaction that leads to the injury of another party. As the person who is injured, you are seeking the right amount of compensation for your suffering. These damages may be used to cover medical bills, lost wages, damaged property and other aspects of your life affected by this injury. Types of CasesVictims may choose to file a personal injury lawsuit against the other party to seek compensation. A lawsuit requires the injured party, known as the plaintiff, to file a civil complaint against the other party in a court of law. The basis of the complaint is that the negligence of the other party caused the plaintiff’s injuries. The other party, known as the defendant, must prove their total or partial lack of responsibility in court. A “party” is not limited to one person and can refer to a business, corporation, organization, etc. Both parties can also choose to handle the dispute out of court. They can meet for negotiations moderated by an arbitrator or mediator. During negotiations, both parties come to an agreement with terms outlined in a written document. Both parties agree to forego a formal trial and the defendant is required to pay damages to the plaintiff. Statute of LimitationsVictims only have a certain amount of time to file a personal injury claim. The statute of limitations depends on the state you reside in but it normally lasts from one to five years. Types of Personal InjuriesThe actual injuries suffered by the plaintiff in a personal injury lawsuit vary. Plaintiffs may sue if they are injured by defective equipment or products, slip and fall, get hurt in a car accident, ingest harmful food or substances, experience assault, medical malpractice, or even suffer from birth defects. Personal Injury Lawyers Know Insurance Company TacticsInsurance companies know how to intimidate injury victims – it’s what they do for a living. They’ll tell you things like: Personal Injury Attorneys Know How to Accurately Calculate Pain and SufferingA general rule of thumb for calculating pain and suffering is adding together actual damages namely things like medical bills, rehabilitation costs, property damage and lost wages then multiplying that number by 1 through 5, depending on the severity of the injury. If your injury cost $8,000 to treat, you lost out on $2,000 of income while you were unable to work and your auto accident injury was a 3 on the severity scale, your attorney may seek $30,000 in pain and suffering damages. Personal Injury Attorneys Know How to Identify and Hold the Negligent Parties ResponsibleIn some auto accident and personal injury cases, culpability isn’t as simple as blaming the other driver. If another driver runs a red light and hits your vehicle, injuring you and your family, there could be multiple parties responsible. If that driver had been slamming on their brake but the car wasn’t stopping, the manufacturer of their brake pads or the mechanic who installed them incorrectly may be negligent parties. If the traffic light was faulty, the government may hold some responsibility. If the driver was drunk, the bar that served them may be a negligent party in the accident. A personal injury attorney hires a team of investigators, medical experts and even accident recreation specialists to gather data and uncover all available details to ensure everyone who is responsible for your injury is being held accountable. Trial Attorneys Are Well-Versed in Local Laws Governing Personal Injury Cases and Can Fight for You in CourtThe legal system isn’t comprised of a set of universal rules. Every state has a different set of laws governing personal injury cases and damage calculations. You can try to study up on your legal situation yourself, but that is a time-consuming process and there’s no guarantee you’ll be able to represent yourself well enough to get the fair claim settlement you deserve. An experienced personal injury trial attorney in Florida has spent their professional life learning the: Contingency Fees – If They Don’t Win, You Don’t PayThe majority of personal injury attorneys in Utah will work on a contingency fee basis, meaning they are paid a percentage of the ultimate settlement they win for your case. Injury victims don’t have to pay for personal injury representation out of their own pocket, which is helpful at a time when they are being inundated with medical bills and may be without an income due to their inability to work. If the personal injury attorney fails to win your case, you may end up owing them nothing for the work they did on your case. Tips for Maximizing Compensation in Your Personal Injury Case• Preserve Evidence: The jury is going to decide your case by looking at the evidence. Even the other party is going to decide whether to offer you a fair settlement based on the strength of your case. That means the more you can do to preserve evidence, the greater the chance of winning your case is going to be. You should take photos of the accident scene and your immediate injuries if you’re able to. It’s important to try to collect names and contact information for witnesses. If there’s a police report, you will want to get a copy as soon as possible. Your attorney can follow up on this information to collect detailed witness statements and prepare the case. Personal Injury South Jordan LawyerWhen you need to recover for your personal injuries in South Jordan 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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Attorneys In UT West Valley City Should I Sell My Car After An Accident? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/personal-injury-south-jordan-utah/
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Today, whilst divorce is a far more common occurrence, there is still only one legal ground for divorce, which is that the marriage has irretrievably broken down. This can be proved by establishing one of the following facts, adultery, unreasonable behavior, desertion, two years’ separation with consent or five years’ separation. When someone has obtained decree absolute (the final decree of divorce meaning the marriage is dissolved and you are divorced) is their divorce then a matter of public record? The simple answer is yes. Anyone will be able to obtain a copy of the decree absolute, as with birth, adoption, marriage, civil partnership and death certificates. How Do I Go About Locating A Copy Of My Decree Absolute?It is relatively easy to obtain a copy of decree absolute and the government website provides details of how to request a copy. You can contact the court where the divorce, dissolution or annulment took place to get a copy of a decree absolute or final order (you will have to pay the court an administration fee for this service). It would be helpful if you know the case number but if you do not, you can give the court the date you think the case happened and they will search 5 years of records either side of that date. If you do not know which court to ask, you can ask the Central Family Court to search for the decree absolute or final order at an additional cost. How Long Do Solicitors Keep Divorce Files?In the first instance, it may be easier to contact your solicitor who carried out your divorce to see if they can provide you with a copy of your divorce file. The Solicitors Regulation Authority does not provide timescales for the storage of files, the matter needing to be considered and assessed by the principals of the firm in accordance with the Solicitors Regulation Authority’s Code of Conduct Ogden, Utah Divorce BasicsDivorce in Utah is referred to as Dissolution of Marriage and is conducted as a civil action, with one party, the Petitioner, filing a Petition for divorce, and the other party being named as a Respondent. Residency RequirementTo file for divorce in Ogden, Utah, either spouse must be a bonafide resident of the state and must have lived in the county of filing for the three months immediately preceding commencement of the action.
Property DivisionIn all dissolution and separate maintenance actions, the court and judge have jurisdiction over the distribution of property. Utah is an equitable distribution state. Therefore, marital property shall be distributed fairly and equitably. The court may inquire of the children and take into consideration the children’s desires regarding future custody or parent-time schedules but the expressed desires are not controlling and the court may determine the children’s custody or parent-time otherwise. The desires of a child 16 years of age or older shall be given added weight, but is not the single controlling factor. Examples of circumstantial evidence: Don’t Forget To Consult An Attorney.A lawyer can make sure that you both review and understand anything before you sign or agree. An experienced family law attorney is often a good idea for situations where the divorcing couple has a large amount of assets, property or other complicated financial matters. In more contentious divorces, an attorney can make sure that your interests are represented in court. Even in a friendly divorce you are often better off hiring a lawyer to help file paperwork and guide you through the court system. Ogden Utah Divorce 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 Marijuana Possession Charges In Utah? Attorneys In UT West Valley City Heber City Utah Divorce Attorney Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/ogden-utah-divorce-attorney/ White-collar crime is criminal acts that are financially motivated, nonviolent crime and is committed by business and government professionals. First coined in 1939 as a crime committed by a person or persons of respectability and social status white-collar crimes typically include the types of crimes described. White collar defense lawyers are very busy these days. The proliferation of computer and cyber crimes has led to changes in the structure of justice departments. Increased paranoia has led to sweeping arrests, and the changes in the law in regards to the penalties for this type of crime have become exponentially more severe. The need for criminal attorneys who focus on white collar cases is in high demand especially those who have experience defending them on a federal level. Individuals who have been accused with a financial crime, such as fraud in a business or government setting need to hire a competent criminal defense attorney to counter the resolve and resources of the Utah government. Consequences of white collar crimeClients can lose their reputation and even their freedom as a result of these crimes because the penalties include fines, restitution, loss of personal property, or a long prison sentence. With many financial crimes, the prosecutor typically seeks enhanced penalties, which will prevent you from obtaining future employment. White collar crime is the terminology used to describe those crimes perpetrated (mostly) in the office or “white collar” environment. Non-violent in nature, they tend to be treated differently by the courts. On one hand the white collar defendant is not accused of doing physical harm in the perpetration of the crime, and therefore when it comes to determining the sentence for such crimes the courts are less likely to put white collar criminals in the same “classification” as those that have committed acts of violence. On the other hand, white collar crimes account for $200 billion in loss each year, a number far higher than that of more “traditional” crimes like burglary or theft. This fact prompts greater scrutiny from law enforcement and justice officials. When you have been accused of a white collar crime such as embezzlement or computer fraud you must respond immediately by hiring an experienced white collar crime lawyer who understands all of the complicated issues, legal and factual, that surround the prosecution of a white collar case. White Collar Crime Punishment: Prison Sentences and Other Penalties Embezzlement, Bribery, and Bank FraudA white collar crimes lawyer will also be prepared to defend your crimes of embezzlement, bribery, and bank fraud. These types of “office” crimes are usually the domains of federal investigators and therefore have to receive the attention of a good white collar defense lawyer who has won cases in the federal jurisdiction, as well as, state. Due to the types of unwanted exposure in these cases it is sometimes possible for a savvy defense attorney to negotiate in special pre-arrest negotiations arrangements that will put you in a better position for crimes of embezzlement. If you are in a situation of self-surrender, call one of white collar lawyers today. Process of Prosecution of White Collar CrimesThere are a variety of crimes that may be inflicted upon others. Of these, the white collar offenses may be some of the more serious ones committed because they are accomplished by professionals at their places of work with manners of concealment that provide a means of obtaining cash, property, services or advantages in work via illegal manners. While these violations of the law are not usually violent, they may be more devastating when vast sums of money or extensive information has been stolen in one fashion or another. Many of these individuals already have money or prestige among their peers, and little to no suspicion exists that they will perform unlawful actions. These criminal acts may be charged at both the state and federal level. Some courts refuse to try these cases due to the extensive investigations, the sheer volume of information that must be understood and the fact that expert witnesses are needed to explain the data that may be incomprehensible to the judge, jury and lawyers present. While the federal government has more resources for these investigations, many are not tried unless there is some speculation that the prosecution has a fighting chance of winning the trial. Because of this, it is usually the minor crimes that are tried as when someone has completed a major criminal offense, he or she may have covered his or her tracks. In some instances, the offenses implicate that someone else perpetrated them. A Grand JuryWhen certain crimes have been committed, a grand jury is needed. This term means that 16 to 23 persons are tasked with assembling data about the activity that is suspected to be criminal. Testimony from witnesses must be listed to and documents must be examined with an analysis of other evidence as well. When a prosecutor is involved, he or she is a legal advisor for these individuals on the grand jury. The prosecuting person also directs the flow of all witnesses that must explain their information and evidence used in the case. When everything has been processed, this body of persons determines if evidence is sufficient in charging the suspected criminal for the crime presented to them. Differences in Treatment of SuspectsWhile the courts attempt to provide equal treatment to all defendants, those that have committed white collar crimes are often not judged as harshly by many involved in the investigation. This could lead to preferential treatment in negotiations for plea bargains, pretrial releases and when sentences occur. However, the difference in treatment is often due to the lack of violence when these crimes occur. Physical assault and battery of anyone are lacking in most cases where a professional has violated the law through interactions with his or her business. Variations of the accused often demand a restriction of movement when the person may be violent or commit further illegal acts when on his or her own recognizance. But, persons that have no history of harming others are often trusted to be out of jail while the trial is ongoing. The only other alteration to this would be if he or she is a flight risk and may leave the state or country while he or she is awaiting a verdict. Those that commit nonviolent crimes are often cooperative with both defending and prosecuting lawyers. They understand the professional world and are calm and friendly during all proceedings in many instances of these cases. When the court has little comprehension of what the crime entails, or if it is unduly complicated, the only possibility for legal action against the accused may lie in a plea bargain. These could be unfairly lenient to ensure some consequences are enacted through a portion of what may be issued against a more violent criminal. The sheer complexity of many of these court issues causes prosecution to be laxer with those that are expert enough to ensure court proceedings are so difficult that they are left with only minor penalties to issue. Criminal RestitutionWhen the prosecution has determined the case is worth pursuing, they may attempt to lean towards negotiation where the accused pays back through restitution. This means the perpetrator must provide monetary compensation to the victim for whatever was taken during the crime. Fines may be required as one means of punishment as well. Through the federal Mandatory Victims’ Restitution Act of 1996, the person harmed financially from the offense is entitled to restitution for losses suffered through the direct impact of the defendant’s actions. There are a variety of state and federal laws in addition to this one that demands a criminal to pay the victim back in various manners. That also means that the court could order this restitution if the defending person is sentenced to this remedy upon conviction. Types of White-Collar CrimesMost types of white-collar crime tend to involve some type of fraudulent scam or activity. Below are descriptions of common types of white-collar crimes: Who Enforces White-Collar Crime Laws?There are many government enforcement agencies that conduct investigations to determine whether individuals are committing white-collar crimes. Corporations also employ internal investigators, attorneys, or the SEC to investigate to determine whether any directors, management, or individuals in connection with the corporation are committing criminal activities. When the white-collar crimes involve the sale of securities and stocks, the SEC and State Attorney Generals investigate and enforce proceedings against individuals who are suspected to commit insider trading. Many corporations have regular internal investigations and audits to investigate a wide variety of alleged wrongdoing. What Elements Are Required to Prove White Collar Crimes?The elements required to prove that a white-collar crime was committed is the following: Seeking Legal HelpWhite-collar crime can have serious criminal and financial consequences for you, your business, and your family. If you have been convicted of a white-collar crime, a criminal defense attorney with experience in this field can evaluate your case and determine whether there are any possible defenses that are available to you. 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 White Collar Crime Attorney first appeared on Michael Anderson.
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What Are The Marijuana Possession Charges In Utah North Salt Lake Utah Divorce Attorney How Do I Get A Copy Of My Mother’s Will? Attorneys In UT West Valley City Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/white-collar-crime-attorney/ The area of family law is composed of the legal relationships between family members. These relationships can include those of parents, children, spouses, domestic partners, and guardians. Issues involving family law can include: marriage, divorce, child custody, child support, adoption, reproductive rights, paternity, and domestic violence. Family law encompasses the rules, regulations, and court procedures that involve the family unit. As such, it is not uncommon for cases that are heard in family court to be very personal and emotional. Family law attorneys help their clients file for divorce or separation, child custody and visitation, child support, and alimony. Experienced lawyers also assist their clients in establishing paternity, obtaining domestic violence restraining orders, property division, debt allocation, and parenting plans. The first step to finding out the best Family-law attorney during your research is to determine why you and whether you need a Family-law attorney or not. By identifying this, you will be able to know the specialized area of Family-law attorney for which you need services. One you will recognize this; you will be able to narrow down your Family-law attorney research only to those who deal with problems that you are facing. Decide the Right VenueThis is also an important step to keep in mind because every country and state has its laws under which it works. It is therefore important that the person who is filing the case chose the right venue of the claim. The venue must be the one in which both the member of the party is present. In another case, it will be difficult to follow the example if the laws have huge differences. Another benefit of doing this is that the Family-law attorney you will choose will know the court and the judges of that place. It will be easy for him to evaluate the situation and also will have an idea that how to handle the case before the authorities. Do Some ResearchQuick research about the Family-law attorney you are going to choose for your case will be of great help as it will provide you with all the background knowledge of the lawyer. You can search for the official website of the Family-law attorney and see how his work is going on and how active he is participating in different cases. Moreover, you can also go through social media account of your chosen Family-law attorney, as it is also helpful in understanding that person. Other than this, you can see the press releases about that person or meet someone of his organization to know well about him and his working attitude. This point is of great importance, so never neglect or miss it. Narrow Down Your ChoicesAfter all the above efforts gave, you will be now able to narrow down the search of your Family-law attorney. You might have 10 Family-law attorneys on your list in the start, but after the above evaluation, you might be left with only 2 or 3. Now, you can choose the best one out of these very easily. You may consider the minor factors for this. For instance, you can choose the Family-law attorney who is nearest to you, who is more understanding and comfortable for you. By looking into these small details, you are now able to get the best option out of the entire Family-law attorney in your surroundings. After doing this, you can even call your chosen Family-law attorney to get consultation on phone or either request to have a personal meeting in which you can get in-person consultation. You can ask them about simple preliminary questions about their career and ambitions. In this way, you can evaluate them on a personal level and get to know how seriously they will carry out your case and how determined they are for their profession. Making Final DecisionYou can call your selected Family-law attorney and ask for a meeting for which you will get an appointment. Some Family-law attorney charges for even early meetings, but if you are sure that you will select that Family-law attorney, then there is no harm in paying the fee. Some charge on the hour basis and some charge collectively for the whole day, so you can ask them about it and know about their charges so that you may go with preparation. During this phone call, you must ask your Family-law attorney that what things you need to take with you for the first appointment. Gather Your Documents for First MeetingIf your Family-law attorney does not tell you about the documents that you have to carry with you for the first meeting, then you can decide it on your own. You can find out about the essentials by searching online. Now, after finding out about the essential documents to be carried with you, take out copies of all of them. You may have to go to other Family-law attorney also, so make sure you keep more than one copy with you. Also, leave the original documents back home so that you may not lose them in any case. They must be kept safe and only taken outside when you need them at any cost. Think About Your CaseNow, you are also required to gather details about your case that you might have forgotten over time. There will be so many questions that your selected Family-law attorney is going to ask you for, so you must be able to answer them properly and in detail. This would only be possible if you revise your case thoroughly in advance and then go to the Family-law attorney for the further proceedings. It is very important to remember every detail of your case because even minor things matter when it comes to winning a case in court. So, if you are not able to tell your Family-law attorney even a single detail of your case, you lose the chances to win it. So, keep your eyes open and make sure you remember everything and also deliver that to the Family-law attorney. Make the List of Questions to AskAs much as it is important to make the list of things the Family-law attorney could ask you, you have also to make a list of questions that you need to ask your chosen Family-law attorney. These questions are both general and specific to the case for which you are going to hire that Family-law attorney. Make sure you ask questions and feel satisfied with the answers of the Family-law attorney because if you do not feel comfortable and hopeful about the future proceedings of the case after visiting your Family-law attorney, then you might not have a good chance to carry on with such Family-law attorney. You can ask the Family-law attorney about how much he will charge you, how much time he will give to the case, when he is expecting the case will be resolved, how tough it would be for him, etc. These questions might look very simple, but they are the way in which one can evaluate a Family-law attorney about his skills, professionalism, and ability to win the case for you. Plan a Schedule with Family-law attorneyNow after you are done with all the essential work, that is, you have met your Family-law attorney and asked every question you wanted, the next step you have to take is to schedule out your future meetings with him. Now as you will be satisfied and comfortable with your Family-law attorney, you can make a flexible plan for your meetings because you know that you will be working with him for a long time so compromise will be made and a proper plan will be constructed. It is not easy, but you can make it off your Family-law attorney is determined enough. Also, you must be very strong in your plans so that the Family-law attorney may not get relaxed at any point. So, you have to enforce regular meetings with the Family-law attorney. Reasons You Need a Family Law AttorneyHere are a few reasons why choosing a qualified family law attorney is the right decision: • Access to top-notch consultants – In contentious divorce proceedings, the testimony and advice of professionals such as bankers, investment consultants, appraisers, physicians, and mental health experts may be necessary. Experienced family law attorneys have contacts with many of these experienced professionals and can recruit knowledgeable experts who can lend authority to your case with their knowledge. Additional CostsIn most Family Law matters, there are likely to be additional costs that will need to be paid alongside the legal fees. It’s important to understand what these costs are so that you can budget accordingly. Things an Attorney Can Do For You• Handling Divorce Issues: Undergoing a divorce is probably one of the most draining experiences that a family can face. Emotions may set in and make it impossible for a couple to settle it calmly. In such a case, a family law attorney can act as a mediator, and assist them to approach the issue rationally and within the law. In other words, a competent family law attorney can assist couples in the process of divorcing to settle the matter fairly without necessarily going to court. • Handling Prenuptial Agreements: A prenuptial agreement is a contract signed by a couple prior to a marriage or a civil union. Although the content of such a contract may vary from one case to another, its main aim is to spell out the provisions of spousal support and division of the property in the event of a breakup or a divorce. A family lawyer can assist a couple in drafting a prenuptial agreement and handling any matters that may arise from the contract according to the law. 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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Difference Between DUI vs. DWI Why Do Companies Go For Private Placement? What Are The Marijuana Possession Charges In Utah? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/attorneys-in-ut-west-valley-city/ A marijuana possession charge in Utah can be filed as a misdemeanor or as a felony charge, depending on a variety of circumstances. Any Utah marijuana possession charge carries the possibility of jail time and substantial fines. If you are facing prosecution for marijuana or other drug-related charges, an experienced drug crimes and criminal defense attorney can make all the difference. Second-Degree Felony Marijuana ChargesAt the second-degree felony level, a marijuana conviction in Utah carries the possibility of up to 15 years in prison and a $19,000 fine (including surcharge). Marijuana possession can be filed as a second degree felony under the following circumstances: possession with the intent to distribute within a drug-free zone; actual distribution of marijuana within a drug-free zone; or possession of more than 100 pounds of marijuana (regardless of intent). Third-Degree Felony Marijuana PossessionA third-degree felony marijuana charge in Utah is punishable by up to five years in prison and a fine (including surcharge) of up to $9,500. Marijuana possession is classified as a third-degree felony under the following circumstances: possession of more than 16 ounces but less than 100 pounds of marijuana; possession of marijuana with the intent to distribute (with no drug-free zone enhancement); or growing or cultivating marijuana (regardless of the amount). Class A Misdemeanor Marijuana ChargesA class A misdemeanor marijuana charge is punishable by up to one year in jail and fines up to $4,750 (including surcharge). Marijuana possession can be filed at the class A misdemeanor level if: the amount of marijuana possessed is at least one ounce but less than 16 ounces; or possession of less than one ounce of marijuana in a drug-free zone. Class B Misdemeanor Marijuana PossessionClass B misdemeanor charges in Utah are punishable by up to 180 days in jail and up to $1,900 in fines (including surcharge). A basic charge of marijuana (less than one ounce) begins as a class B misdemeanor. Defenses to Marijuana Charges in UtahAn effective defense to marijuana possession or distribution charges in Utah can involve important Constitutional rights under the Fourth Amendment or Fifth Amendment. Motions may be needed seeking the suppression of evidence. Factual defenses may include constructive possession defense issues. The knowledge and intent of the defendant can serve as potential sources of a factual defense to criminal marijuana charges. A thorough understanding of procedural rules, relevant statutory provisions, and related case law can be critical to mounting a successful defense. An understanding of how substance abuse treatment and mitigation can influence the outcome of the case and lead to a successful negotiated resolution may also be critical. Possession of marijuana is a criminal offense in Utah. The amount of marijuana you have in your possession will determine the crime and penalties that you will receive for a possession offense. Marijuana possession can earn you serious penalties if you are caught with a large amount of marijuana. If you or a family member was arrested for marijuana possession, you should consult with an experienced Utah drug possession lawyer. Utah Marijuana Possession LawsThe requirements to charge an individual with marijuana possession and other drug crimes are listed under Utah’s Controlled Substances Act. A combination of state and federal laws makes it illegal to not only possess a certain amount of marijuana but also to possess any drug paraphernalia needed to use marijuana. Marijuana possession, sometimes referred to as simple possession, is an offense that arises out of possession of marijuana for personal use. This contrast with an offense for possession with intent to distribute (PWID), a crime that focuses on the offender manufacturing and distributing drugs. The possession of marijuana is also referred to by terms like “actual possession” and “constructive possession,” depending on how law enforcement located the drugs. If an offender actually possessed marijuana when they were arrested, it means that they had it on their person or in an item that they were carrying. If an offender constructively possessed marijuana, it implies that they had knowledge of and control over the drugs found by law enforcement. For example, if you hid drugs in the trunk of your car or in a safe in your home, you will likely be charged with possession if law enforcement finds it, even if you did not have the drugs on your person. Penalties for First Offense Marijuana PossessionTo reiterate, the penalties for marijuana possession are directly correlated to the amount of marijuana that you are discovered with. If the weight of the drugs in your possession is over a certain limit, you risk being charged with a felony instead of a misdemeanor, even if this was the first time you were arrested for possession. If you are found with less than 100 pounds of marijuana, you will likely receive a class B misdemeanor charge. The penalties for a class B misdemeanor are a maximum of six months in jail and up to $1,000 in criminal fines. If you receive a class B misdemeanor conviction for marijuana possession, you may be given the option to perform compensatory service instead of paying a fine. The hours you will have to work typically depend on the amount of your criminal fine. If you were granted the option of compensatory service, you could volunteer with: Marijuana is considered a Schedule I controlled substance in Utah. The amount of marijuana and crime associated with it will determine the severity of the marijuana charge and its resulting penalties. Under Utah marijuana possession laws, the following are punishable offenses, listed in order of severity. Marijuana Possession Conviction PenaltiesThe potential punishment is directly dependent on to the amount of marijuana in your possession at the time of arrest. The amount in your possession also determines the classification of the charge as a misdemeanor or a felony. In addition, the number of offenses also affects the severity of the charge. The various levels of marijuana possession penalties in Utah are listed below: Utah Marijuana Distribution PenaltiesOther transactions involving marijuana, such as sale and distribution, hold a greater punishment than possession alone. For a first time conviction, distribution of any amount is a third-degree felony. Penalties included with the charge are $5,000 in fines and a sentence up to five years in Utah State Prison. Distribution in a drug-free zone or in the presence of a minor, as well as subsequent conviction will increase the felony classification and penalties. At the minimum, a mandatory five-year prison sentence will be served with any first-degree felony conviction. Permitted Prescribers of Medical Marijuana in UtahOnly those medical providers registered with the Utah Department of Health to recommend Medical Cannabis can issue recommendations for Medical Cannabis. To be deemed qualified by the department, a health care provider must: Marijuana Possession: Laws & PenaltiesAccording to the National Institute on Drug Abuse, marijuana ranks as the most commonly used illegal drug in the United States. While some states have passed laws permitting or decriminalizing possession of small amounts of marijuana, marijuana remains an illegal controlled substance under federal law. The conflict might someday be resolved, but for now, federal and state law are at odds with each other. As a result, federal consequences are possible even when people follow state laws about marijuana use and possession. Federal Marijuana LawFederal drug laws classify marijuana as a Schedule I drug. A first possession offense of any measurable amount carries misdemeanor penalties of imprisonment for up to one year and a minimum $1,000 fine. The penalty increases to a felony for a second possession offense. If someone possesses marijuana in order to sell it or for other criminal reasons, the penalties become much harsher including possible mandatory prison time and forfeiture of property or money. Federal prosecutors can prosecute conduct that is legal under a state’s marijuana laws. While federal prosecution for marijuana possession when state law allows it isn’t common, the rise in the number of states authorizing certain medical and recreational marijuana use has prompted the federal government to reevaluate its enforcement policies from time to time. State Marijuana LawsSome states follow federal law and prohibit any possession of marijuana. But a growing number of states have enacted laws that split from federal law and allow possession of small amounts of the drug. Medical MarijuanaMore than 30 states have approved medical marijuana programs. Regulations vary widely between states. To legally purchase and possess medicinal marijuana, most states require patients to register with the state or obtain a specific identification card. Some states allow patients to grow their own marijuana, while others allow access only through regulated dispensaries. LegalizationA few states have legalized possession of small amounts of marijuana for personal use by adults. But, even in these states, limits exist. In “legalized” states, laws still control: DecriminalizationInstead of legalizing recreational use of marijuana, some states have decriminalized it. What’s the difference? In “decriminalized” states, the law still prohibits possession of small amounts of marijuana, but punishment is typically a civil fine or low-level criminal infraction that can’t result in jail time. Sealing Past ConvictionsA number of states that have legalized or decriminalized marijuana possession allow people with past convictions to seal or expunge their old records. Depending on the state, the process can be automatic or require people to petition the court. Clearing your criminal record often helps in obtaining jobs, housing, and professional licenses. 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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Which Is Worse For Your Credit Chapter 7 or 13? Are Private Placements Liquid? Cottonwood Heights Utah Divorce Attorney Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/what-are-the-marijuana-possession-charges-in-utah/ The area of family law is composed of the legal relationships between family members. These relationships can include those of parents, children, spouses, domestic partners, and guardians. Issues involving family law can include: marriage, divorce, child custody, child support, adoption, reproductive rights, paternity, and domestic violence. Do You Need A Family Attorney?The first step to finding out the best Family attorney during your research is to determine why you and whether you need a Family-law attorney or not. By identifying this, you will be able to know the specialized area of Family attorney for which you need services. One you will recognize this; you will be able to narrow down your Family-law attorney research only to those who deal with problems that you are facing. Decide the Right VenueThis is also an important step to keep in mind because every country and state has its laws under which it works. It is therefore important that the person who is filing the case chose the right venue of the claim. The venue must be the one in which both the member of the party is present. In another case, it will be difficult to follow the example if the laws have huge differences. Another benefit of doing this is that the Family attorney you will choose will know the court and the judges of that place. It will be easy for him to evaluate the situation and also will have an idea that how to handle the case before the authorities. Do Some ResearchQuick research about the Family attorney you are going to choose for your case will be of great help as it will provide you with all the background knowledge of the lawyer. You can search for the official website of the Family attorney and see how his work is going on and how active he is participating in different cases. Moreover, you can also go through social media account of your chosen Family attorney, as it is also helpful in understanding that person. Other than this, you can see the press releases about that person or meet someone of his organization to know well about him and his working attitude. This point is of great importance, so never neglect or miss it. Narrow Down Your ChoicesAfter all the above efforts gave, you will be now able to narrow down the search of your Family attorney. You might have 10 Family-law attorneys on your list in the start, but after the above evaluation, you might be left with only 2 or 3. Now, you can choose the best one out of these very easily. You may consider the minor factors for this. For instance, you can choose the Family attorney who is nearest to you, who is more understanding and comfortable for you. By looking into these small details, you are now able to get the best option out of the entire Family attorney in your surroundings. After doing this, you can even call your chosen Family attorney to get consultation on phone or either request to have a personal meeting in which you can get in-person consultation. You can ask them about simple preliminary questions about their career and ambitions. In this way, you can evaluate them on a personal level and get to know how seriously they will carry out your case and how determined they are for their profession. Making Final DecisionYou can call your selected Family attorney and ask for a meeting for which you will get an appointment. Some Family-law attorney charges for even early meetings, but if you are sure that you will select that Family-law attorney, then there is no harm in paying the fee. Some charge on the hour basis and some charge collectively for the whole day, so you can ask them about it and know about their charges so that you may go with preparation. During this phone call, you must ask your Family-law attorney that what things you need to take with you for the first appointment. Gather Your Documents for First MeetingIf your Family-law attorney does not tell you about the documents that you have to carry with you for the first meeting, then you can decide it on your own. You can find out about the essentials by searching online. Now, after finding out about the essential documents to be carried with you, take out copies of all of them. You may have to go to other Family-law attorney also, so make sure you keep more than one copy with you. Also, leave the original documents back home so that you may not lose them in any case. They must be kept safe and only taken outside when you need them at any cost. Think About Your Family Law CaseNow, you are also required to gather details about your case that you might have forgotten over time. There will be so many questions that your selected Family-law attorney is going to ask you for, so you must be able to answer them properly and in detail. This would only be possible if you revise your case thoroughly in advance and then go to the Family-law attorney for the further proceedings. It is very important to remember every detail of your case because even minor things matter when it comes to winning a case in court. So, if you are not able to tell your Family-law attorney even a single detail of your case, you lose the chances to win it. So, keep your eyes open and make sure you remember everything and also deliver that to the Family-law attorney. As much as it is important to make the list of things the Family-law attorney could ask you, you have also to make a list of questions that you need to ask your chosen Family-law attorney. These questions are both general and specific to the case for which you are going to hire that Family-law attorney. Make sure you ask questions and feel satisfied with the answers of the Family-law attorney because if you do not feel comfortable and hopeful about the future proceedings of the case after visiting your Family-law attorney, then you might not have a good chance to carry on with such Family-law attorney. You can ask the Family-law attorney about how much he will charge you, how much time he will give to the case, when he is expecting the case will be resolved, how tough it would be for him, etc. These questions might look very simple, but they are the way in which one can evaluate a Family-law attorney about his skills, professionalism, and ability to win the case for you. Plan an Appointment with Family-law attorneyNow after you are done with all the essential work, that is, you have met your Family-law attorney and asked every question you wanted, the next step you have to take is to schedule out your future meetings with him. Now as you will be satisfied and comfortable with your Family-law attorney, you can make a flexible plan for your meetings because you know that you will be working with him for a long time so compromise will be made and a proper plan will be constructed. It is not easy, but you can make it off your Family-law attorney is determined enough. Also, you must be very strong in your plans so that the Family-law attorney may not get relaxed at any point. So, you have to enforce regular meetings with the Family-law attorney. Reasons You Need a Family Law AttorneyHere are a few reasons why choosing a qualified family law attorney is the right decision: • Alternatives to litigation – Family law attorneys can advise their clients on whether alternatives such as divorce mediation may be appropriate for their circumstances. Mediation can save divorcing spouses with good communication the time, expense, and stress of a divorce proceeding. In mediation, a facilitator helps guide divorcing spouses to an amicable agreement. While this option isn’t for everyone, many couples have used it to successfully end marriages without the acrimony involved in divorce. Additional CostsIn most Family Law matters, there are likely to be additional costs that will need to be paid alongside the legal fees. It’s important to understand what these costs are so that you can budget accordingly. What Utah Family Attorneys Can Do For You• Handling Divorce Issues: Undergoing a divorce is probably one of the most draining experiences that a family can face. Emotions may set in and make it impossible for a couple to settle it calmly. In such a case, a family law attorney can act as a mediator, and assist them to approach the issue rationally and within the law. In other words, a competent family law attorney can assist couples in the process of divorcing to settle the matter fairly without necessarily going to court. Free Initial Consultation with a Family LawyerWhen you need family law attorneys in your corner, 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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Herriman Utah Divorce Attorney What Is In An Information Memorandum? Park City Utah Divorce Attorney Which Is Worse For Your Credit? Chapter 7 or 13? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/family-attorneys-ut/ When someone is arrested and taken to jail their first concern is how they can get out. Several things must happen before the authorities release an individual from jail. The process typically involves a “booking” process and a bail hearing that determines whether the person arrested may be released pending trial and set the bail amount. Once the accused has “posted bail” themselves or through a bail bond agent they are released. ArrestAn arrest occurs when a person has been taken into police custody and is no longer free to leave or move about. When and how an arrest takes place is very important. Obviously, someone who has been handcuffed and read their rights knows they have been arrested, but not everyone who is arrested is handcuffed or explicitly told that they are under arrest. Whether or not the proper procedure is followed may determine the admissibility of evidence or even result in the case being dropped. BookingAfter an arrest a police officer will begin the “booking” process. This is an administrative process in which the police collect the suspect’s personal information and organize evidence relating to the alleged crime. The officer will record evidence, observations and statements about the alleged crime, fingerprint and photograph the suspect, conduct a criminal background check, collect the suspect’s personal property for storage until release, and place the suspect in a holding cell. Bail HearingsThe purpose of bail is to ensure that an individual accused of a crime that is released into the community will willingly return for future court hearings and not commit new crimes, intimidate victims and witnesses, or flee to another jurisdiction. Those accused of minor crimes may simply be cited and released, but all others arrested and charged with crimes will have an opportunity to argue for their release at a bail hearing. At the bail hearing a judge or magistrate examines the alleged crime, the accused’s criminal background, and connections within the community, financial resources, and length of residence in order to determine whether releasing the suspect would pose a threat to the safety of the community and whether the suspect is likely to appear at future hearings. Someone who poses a threat to the community may be held without bail. Likewise, someone who is a flight risk may be held without bail. Concerns about these and other factors also impact the amount of bail required. More serious crimes typically result in a higher bail amount. Wealthy individuals may also face higher bail amounts to ensure that the bond represents a significant amount to the party paying. On the other hand, if the alleged crime is not serious, the accused can show evidence that they pose no risk to the community, and are likely to appear at future court hearings they may be released “on personal recognizance” without having to post bail. Other conditions may be placed upon release including limits on travel, court ordered drug and alcohol abstinence or testing, periodic checks by an authority and restrictions on contact with victims or witnesses. Criminal Justice SystemThe criminal justice system is comprised of three major institutions which process a case from inception, through trial, to punishment. A case begins with law enforcement officials, who investigate a crime and gather evidence to identify and use against the presumed perpetrator. The case continues with the court system, which weighs the evidence to determine if the defendant is guilty beyond a reasonable doubt. If so, the corrections system will use the means at their disposal, namely incarceration and probation, to punish and correct the behavior of the offender. Throughout each stage of the process, constitutional protections exist to ensure that the rights of the accused and convicted are respected. These protections balance the need of the criminal justice system to investigate and prosecute criminals with the fundamental rights of the accused (who are presumed innocent). The major restriction on the investigative stage of a case is the prohibition on unreasonable searches and seizures. This prevents officers from searching a suspect or his home without a warrant. There are exceptions for extenuating circumstances, such as when an officer is in “hot pursuit” of a suspect or where evidence might be destroyed, such as when a suspected drug dealer runs into a restroom. Much like the law enforcement stage of a case, there are dozens of restrictions on the court’s ability to prosecute a case, including the right to confront one’s accusers, the right against incriminating one’s self, the right to counsel, and the right to a jury trial. The primary purpose of all of these protections is to ensure a fair trial for the accused. The defendant has a right to be represented by either an attorney of their choosing, or, if they cannot afford one, court-appointed counsel. The jury must be a fair cross-section of the community, which in most cases will not lead to a jury composed of a single race or gender. If the defendant is convicted and the charges merit jail time, they will be sent to the corrections system for punishment. Typically, this involves probation, incarceration, or both. Probation can be either supervised or unsupervised. Supervised probation requires the offender to check in regularly with an officer to ensure compliance with the terms of his probation. Unsupervised probation means that a person only faces jail time or other punishment if they run further afoul of the law. Incarceration is also a common outcome of criminal trials, especially in more serious cases. The convict is housed in either jail or prison. Jails are usually located in each county and are for less serious offenses. Jail terms usually do not exceed one year. Prison terms, on the other hand, are usually for longer than a year and almost always involve serious felony offenses. The primary constraint on abuses in the correctional system is the right to be free of cruel and unusual punishment. There are many ways in which this prohibition has come into play in our corrections system, including jail overcrowding, improper medical care, and in physical abuses at the hands of corrections officers. Though violations do occur, they usually will not result in a suspension of one’s sentence. Rather, the remedy is typically injunctive relief and/or monetary damages obtained via a civil rights lawsuit. If you’ve been arrested, are awaiting arraignment, or have a trial date coming up, it isn’t too late to access professional assistance. At the most basic level, the fundamental difference between jail and prison is the length of stay for inmates. Think short-term and long-term. Jails are usually run by local law enforcement and/or local government agencies, and are designed to hold inmates awaiting trial or serving a short sentence. Often “short” is designated as a misdemeanor conviction versus a felony, so in some instances where misdemeanor sentences are run consecutively, one may spend more than a year in jail. Jails often operate work release programs and boot camps, and some offer educational, substance abuse, and vocational programs. While many of these programs are designed to help the inmates change their lives and improve themselves so they stand a better chance of avoiding a return visit, they also have the added benefit of keeping the inmates occupied and less likely to cause problems for jailers. Prisons, on the other hand, are typically operated by either a state government or the Federal Bureau of Prisons (BOP). These are designed to hold individuals convicted of more serious crimes, typically any felony. Prisons offer different programs to inmates depending on the inmate’s level of custody (i.e., minimum, medium, or maximum security, solitary confinement, etc.). Minimum and medium security programs include halfway houses, work release programs, and community restitution centers. Typically those who are eligible for such programs are nearing the end of their prison terms. Because prisons are designed for long-term incarceration, they are better developed for the living needs of their populations. Jails, on the other hand, tend to have more transient populations and less well-developed facilities. As a result, many inmates prefer their stays in prison given the more regular life, the greater availability of programs, and better facilities. Indeed, many repeat offenders will ask for prison time rather than time in jail followed by probation if given the option. Some inmates complain that jail, given its constant flow of people that can often interfere with an inmate’s ability to sleep, eat on a regular schedule, or participate in exercise. Some jails also suffer from budget shortages that lead to lower quality or inadequate food. These issues often lead to claims of violations of the inmate’s right against cruel and unusual punishment. However, such claims are rarely, if ever, successful. In either system, the inmate has a right to visitation. The inmate will also have the basic rights of any prisoner. These include the right to be treated humanely, not suffer cruel and unusual punishment, be free from sexual crimes or harassment, a right of access to the courts, a right to medical care, and a right to not suffer racial discrimination. Although an inmate’s rights are abridged compared to other citizens given their status as inmates, they also still have limited rights to free speech, possession of property, and other basic human rights. If you or someone you know is facing time behind bars, you should speak with an attorney. Not only may a lawyer be able to help you avoid jail or prison time all together, they may be able to help minimize the time spent their if a conviction is unavoidable. Rights of InmatesEven the most chronic or hardened inmates have basic rights that are protected by the U.S. Constitution. If you are facing incarceration, or if you have a family member or friend who is in prison or jail, you should know about inmates’ rights. The Right to Humane Facilities and ConditionsPre-trial detainee must be housed in humane facilities; they cannot be “punished” or treated as guilty while they await trial. Inmates also have the right to be free, under the Eighth Amendment of “cruel and unusual” punishment; the term noted by the Supreme Court is any punishment that can be considered inhumane treatment or that violates the basic concept of a person’s dignity may be found to be cruel and unusual. The Right to be Free from Sexual CrimeAn inmate cannot be subjected to sexual crimes including sexual harassment. The Prison Rape Elimination Act protects prisoners.
The Right to Assert ADA RightsDisabled prisoners are entitled to assert their rights under the Americans with Disabilities Act to ensure that they are allowed access to prison programs/ facilities that they are qualified and able to participate in. The Right to Medical Care/AttentionInmates are entitled to medical care and attention as needed to treat both short-term conditions and long-term illnesses. The medical care provided must be “adequate.” The Right to Appropriate Mental Health CareInmates who need mental health care are entitled to receive that treatment in a manner that is appropriate under the circumstances. The treatment must be “adequate.” The Right to a HearingInmates are entitled to a hearing if they are to be moved to a mental health facility. However, an inmate is not always entitled to a hearing if he or she is being moved between two similar facilities. A mentally ill inmate is not entitled to a full-blown hearing before the government may force him or her to take anti-psychotic drugs against his or her will. It is sufficient if there is an administrative hearing before independent medical professionals. Limitations on Inmates’ RightsInmates retain only those First Amendment rights, such as freedom of speech, which are not inconsistent with their status as inmates and which are in keeping with the legitimate objectives of the penal corrections system, such as preservation of order, discipline, and security. In this regard, prison officials are entitled to open mail directed to inmates to ensure that it does not contain any illegal items or weapons, but may not censor portions of correspondence which they find merely inflammatory or rude. Inmates are entitled, under the Due Process Clause of the Constitution, to be free from unauthorized and intentional deprivation of their personal property by prison officials. However, Inmates do not have a reasonable expectation of privacy in their prison cells and are not protected from “shakedowns,” or searches of their cells to look for weapons, drugs, or other contraband. Prison Litigation Reform Act (PLRA)Under the PLRA: 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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Accident Lawyer Salt Lake City Kaysville Utah Divorce Attorney Herriman Utah Divorce Attorney Which Is Worse For Your Credit, Chapter 7 or 13? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-jails/ The main issue that discourages most people from filing bankruptcy is the detrimental effect is has on their credit. It’s true that a bankruptcy can stay on your credit report for up to ten years and it seriously hurts your credit score. However, not filing for bankruptcy and allowing your debts to go to collections will also negatively impact your credit. Depending on the kind of bankruptcy you file, Chapter 7 vs. Chapter 13 bankruptcy, your credit score will decrease anywhere from 160 to 220 points. This is enough to take a good credit rating down to a fair or poor one. Since most lenders decide whether or not to extend you credit based on your credit score, a bankruptcy will make it much more difficult to qualify for an auto or home loan or credit cards. The primary remedy for this is time, though there are additional measures you can take to positively enhance your credit report and score. Ultimately, if you manage your new debts well, your score will gradually increase, and in time you will be able to run your financial life successfully, even if the bankruptcy has not yet dropped off your report. Check Your Credit ScoreIt’s important for everyone to check their credit report regularly, but it’s most essential for those who have recently filed bankruptcy. Maintain a list of the debts included in your bankruptcy and check their status a few months after your debts are discharged. If you filed Chapter 7, these debts should show a balance of $0 and no longer be listed as delinquent. If something isn’t being reported correctly, ask the credit report issuer to make the change and check with the original lender. Re-establish Credit as Soon as Possible After Bankruptcy FilingDepending on whether you file Chapter 7 or Chapter 13, the bankruptcy will fall off your report in ten or seven years. However, if none of your accounts are more than ten years old, a bankruptcy may effectively put you in the same spot as an 18-year old with no credit history. Otherwise, it could create a virtual hole in your report, or a long time period in which it appears you had no credit at all. Therefore, it’s important to apply for credit soon after the bankruptcy is discharged in order to re-establish a credit history and rebuild your score. In spite of a blemished credit report, there are a few ways to begin this process: • Store Credit Cards: Store credit cards often have lower requirements to qualify, though they tend to carry high interest rates and fees. As always, it pays to read the disclosures and application carefully. Do Your Homework on Credit Card Offers After Chapter 7One thing that puzzles many people who file bankruptcy is that they receive multiple credit card offers right after their bankruptcy is completed. You’d think that a fresh bankruptcy would be a strong deterrent to lenders. However, the banks know you won’t be able to file again for several years, so you are actually a better risk than you were before. Just make sure to read the fine print on any new debt you apply for, as many companies intentionally prey on people who recently filed bankruptcy by offering new lines of credit stuffed with fees, minimum payments, and extremely high interest rates. Over time, reports from these debts will start to raise your credit score, provided you use credit cards and rewards wisely by paying by the due date and in full every month. Initially, the only lenders to extend you credit will probably be small banks and credit unions. But, within a few years, you may be able to get approved with the national banks, which is important because big names on a credit report can potentially sway future credit decisions like a home mortgage in your favour. The passage of time alone will increase your score. Plus, as long as your report is filled with nothing but A+ grades, you should have a decent credit score within a few years, and even a good score by the time the bankruptcy drops off your report. Keep Your Oldest Accounts Active If You CanSince many people who declare bankruptcy previously had good credit, older items on their report can help their credit scores even if they later declare bankruptcy. The “length of credit history” factor, which makes up about 15% of your score, is generally not affected by declaring bankruptcy. In other words, keep these older accounts active and intact whenever possible to maintain the length of your credit history. Don’t Apply for Numerous AccountsAbout 10% of your credit score is determined by whether you have applied for new accounts recently. While you will need to apply for new credit to begin rebuilding your score, keep the accounts to a minimum and spread out your applications over time. This is especially true if you apply for a large loan like a mortgage or car loan. Credit rating companies consider it a bad sign if you apply for a lot of new credit all at once. Another reason to limit the number of credit accounts you apply for is so you can manage the ones you have effectively and responsibly. When Chapter 7 Is Better Than Chapter 13Knowing the basic differences between Chapter 7 and Chapter 13 bankruptcy is a start, but it’s hardly enough to help you decide which type of bankruptcy is for you. Let’s start by taking a look at when Chapter 7 bankruptcy is better than Chapter 13. When Chapter 13 Is Better Than Chapter 7 BankruptcyIf you have some disposable income and don’t have too much debt, you have the option to choose between Chapter 7 and Chapter 13 bankruptcy. It could reduce your monthly debt-repayment load Utah Bankruptcy LawyerWhen you need a Utah Bankruptcy Attorney, 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
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What Happens If An Executor Refuses To Distribute An Estate? Non-Compete Law In Utah For TV and Radio Talent How Does A Private Placement Program Work? Herriman Utah Divorce Attorney Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/which-is-worse-for-your-credit-chapter-7-or-13/ Herriman is a city in southwestern Salt Lake County, Utah, United States. The population was 21,785 as of the 2010 census. Although Herriman was a town in 2000, it has since been classified as a fifth-class city by state law. The city has experienced rapid growth since incorporation in 1999, as its population was just 1,523 at the 2000 census. It grew from being the 111th-largest incorporated place in Utah in 2000 to the 32nd-largest in 2010. According to the United States Census Bureau, the city has a total area of 20.3 square miles (52.5 km²), all of it land. Herriman shares borders with Riverton to the east, South Jordan to the north, and Bluffdale to the southeast. As of the census of 2010, there were 21,785 people, 5,542 households, and 5,022 families residing in the town. The population density was 1075.0 people per square mile (64.5/km²). There were 6,022 housing units at an average density of 297.2 per square mile (19.4/km²). The racial makeup of the town was 93.3% White, .3% Native American, 1.3% Asian, 0.5% Pacific Islander, .3% from other races, and 2.3% from two or more races. Hispanic or Latino of any race were 6.2% of the population. There were 5,542 households out of which 44.1% had children under the age of 18 living with them, 81.3% were married couples living together, 6.1% had a female householder with no husband present, and 9.4% were non-families. 6.5% of all households were made up of individuals and 1.0% had someone living alone who was 65 years of age or older. The average household size was 3.93 and the average family size was 4.13. In the town the population was spread out with 44.1% under the age of 18, 6.1% from 18 to 24, 29.0% from 25 to 44, 11.7% from 45 to 64, and 2.6% who were 65 years of age or older. The median age was 24.7 years. For every 100 females there were 102.4 males. For every 100 females age 18 and over, there were 100.7 males. Alimony Modification or Termination in Herriman, UtahAlimony comprises payments made by the “payor spouse” to financially support the less-prosperous “dependent spouse” after a divorce. Alimony is paid once, or on a recurrent basis. In Utah, alimony lasts the marriage’s length (i.e. spouse married for 8 years pays alimony for 8 years), but sometimes courts choose differing amounts of time. “Marital standard of living” during the separation period is a commonly used gauge for assigning requisite alimony, but certain conditions, like changes in spousal financial state from job loss or demotion, are taken into account at trial. The main goal, for children or lifestyle’s sake, is allowing the dependent spouse to live as comfortably as he/she did while married. If neither person can support him/herself plus care for another spouse, income equalization formulas evaluate appropriate alimony. Particularities alter how alimony is awarded. Numerous factors affect courts decisions, including: • Length of union Alimony Modification in Herriman, UtahModifying alimony results from large changes in one or both spouses’ situation. What constitutes a significant change? • Employment: Alimony may be reduced if the payor spouse loses a job. If the dependent cannot work, he/she may be entitled to increased alimony. How to Reduce Alimony Payments That Are Too HighThe court determines alimony using the process described above, which means your payments should, at least theoretically, be set at a level your finances can reasonably accommodate. At the same time, a payor’s initial ability to provide alimony can later be impacted by issues like changes in health, changes in employment, or even changes in the recipient’s living situation. It’s a stressful situation when your alimony payments are too high, but don’t panic: the judiciary understands that circumstances can change with time, and the courts make accommodations for precisely this scenario. If you cannot afford to keep paying alimony at the same level, you may be able to reduce what you owe. The first step to reducing your alimony payments in Herriman is to contact an experienced alimony lawyer. To begin this process, you’ll have to file a petition to modify alimony with the court. The court will not grant you (or your spouse) an alimony modification unless you can prove that there has been a “material change of circumstances.” In this context, “material” simply means significant, so a material change could involve something like a serious illness or other medical crisis, the loss of a job, or a natural disaster. Once the material change of circumstances has been established, the court will review your alimony plan based on the same factors described earlier (e.g. income, earning ability, the need for child support, and so forth). Additionally, the court can terminate alimony altogether if your spouse begins living with another person. Modification Of Divorce Decree Lawyer In Herriman, UtahWhen a divorce or paternity decree is entered, the court orders reflect the general circumstances in place at that particular time. If a substantial change occurs in the years after entry of your divorce or paternity order, the court will allow you to file a petition and seek a modification of the terms of the order with a post-divorce modifications lawyer in Utah. This is a legally complicated matter which requires a skilled and knowledgeable family law attorney. Generally speaking, rulings of a court, including decrees of divorce and paternity, are the court’s orders until modified by the court or by agreement between the parties. Whether or not a party may request the court to modify its order depends greatly on changes in circumstances, if any that may have taken place after the entry of the decree. Parties often seek relief from the court to modify court orders. Sometimes, both the parties seek the change to ratify something that is already taking place, such as a change in a parent-time schedule and wish to formalize the agreement they have. Other times, the parties are not in agreement and seek the court’s determination of whether the order should be modified and this is the best time to have a family lawyer on your side. Common areas of post-divorce modifications in Utah include: Reasons for Modifying Child Support In Herriman UtahTo be successful with your petition to modify child support in the Utah courts, you need to provide proof that there has been a considerable change of circumstances since the original order was issued the change may be either permanent or temporary. Here are the common situations under which the courts may grant your request to modify child support in Utah: Pros and Cons of a Herriman Utah Default DivorceA default divorce may be a simple way to end a marriage, but it may have some serious pitfalls. The specific steps and forms required to complete a default divorce vary slightly from state to state, but the basic principles are the same the spouse asking for a divorce files a divorce complaint (also called a petition in some states), the other spouse (the defendant or respondent) fails to answer the complaint or appear in court within the specified amount of time, and a divorce judgment is entered against the defendant spouse. Many state-court websites have self-help family law sections with links to court forms and step-by-step instructions on how to pursue a default divorce. If your state doesn’t, you should head to your local courthouse to find out where the closest self-help family law center or family law facilitator’s office is located divorce forms are usually available at these types of self-help centers. Once you have your divorce forms filled out, you must “serve” (deliver) the divorce paperwork to your spouse using one of the accepted methods of service in your state. If your spouse fails to answer in time, you can appear in court and ask a judge to enter all the divorce orders requested in your complaint. Some people like to use the default method because it allows them to obtain a divorce without paying much in the way of attorney’s fees or court costs for appearing at hearings and trials. And with a default, you don’t have to produce any financial information regarding your income and assets, such as paystubs, tax returns, bank statements, and other account statements – all of this information must be disclosed in a regular divorce. Some divorcing couples actually agree (in advance) to a default divorce. They decide that one spouse will be the filing spouse and will ask the court to issue specific orders (orders that the couple has privately agreed to include in the complaint), and the other spouse will not respond so that the court can grant the divorce. In this way, the couple can resolve all of their divorce issues outside of the courtroom (with or without the help of consulting attorneys). This allows the divorce to proceed quickly and confidentially, without any gut-wrenching or humiliating public hearings and trials. Herriman Utah Divorce LawyerWhen you need a divorce attorney in Herriman 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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What Happens To My Bank Account When I File Chapter 7 What Happens If An Executor Refuses To Distribute An Estate? How Bad Is A 2nd Degree Felony? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/herriman-utah-divorce-attorney/ An injury lawyer is a type of civil litigator who provides legal representation to plaintiffs who are alleging physical or psychological injury as the result of the negligent or careless acts of another person, entity, or organization. Injury lawyer specialize in an area known as tort law. This covers private or civil wrongs or injuries, including defamation and actions for bad faith breach of contract. The main goal of tort law is to make the injured party whole again and to discourage others from committing the same offense. Injury lawyers help plaintiffs receive compensation for their losses, including loss of earning capacity due to an inability to work, pain and suffering, reasonable medical expenses, both present and expected, emotional distress, loss of consortium or companionship, and legal costs and attorney fees. They also work to safeguard clients from being victimized by insurance companies and the legal system. What Does an Injury Lawyer Do?Your wounds may not have even dried before you start getting calls, requests and bills from insurance companies, doctors, police and others. At such a time when you should be focusing on healing and recovery, you may be feeling completely overwhelmed and stressed wondering how you are going to pay for everything. This is when an injury lawyer can help. An injury lawyer helps individuals who have sustained injuries in accidents to recover financial compensation. These funds are often needed to pay for medical treatment, make up for lost wages, pain and suffering, and provide compensation for injuries suffered. Common examples of personal injury practice areas include motor vehicle accidents, slip and fall accidents, defective products, workplace injuries and medical malpractice. Basics of an Injury lawAn injury lawyer performs many important duties. These common functions include: • Provides advice: An injury Lawyer can walk a client through the system with the finesse of a professional tour guide. They help you understand complicated legal procedures, interpret medical and insurance jargon, and get through the maze of paperwork required in injury cases. One common piece of advice is not to provide a statement to the other driver’s insurance company since it will simply look for ways to deny liability. An injury lawyer may also recommend seeking medical treatment to document the relationship between the accident and the injury. An injury attorney also provides you objective opinions about your case so that you can make the best possible decision that aren’t clouded by fear, anger, frustration, stress and other emotions many injury victims understandably experience. • Works through a variety of legal processes: An injury lawyer can help in a number of different judicial forums. For example, he or she may help with informal negotiation with the insurance company before or after a case is filed in court. Alternatively, they may help litigate a case if the settlement offer is not satisfactory to the client or the claim is denied. However, personal injury lawyers can also help in other types of forums such as alternative dispute resolution. Arbitration may be required if the victim’s own insurance company is involved. This involves presenting a case in front of a neutral arbitrator who makes a binding decision. Mediation consists of the victim and the person responsible for the injury working together to reach a solution out of court with the help of a third-party neutral. Surprisingly, not every case requires the use of a lawyer. If the damages are minimal, there is no serious injury and the settlement offer appears reasonable, providing a significant portion of the settlement to an attorney may not make sense. However, sometimes cases that seem simple at first may become more complicated, which may be best handled by hiring an experienced personal injury lawyer. For example, someone’s insurance may not have been in effect at the time of the accident or an injury might not reveal itself as chronic until months after the accident. Some key times to hire an injury lawyer include when: Personal and Professional SkillsThe most successful injury attorneys excel at oral advocacy, negotiation, and client development. They should also have a capacity for handling stress and pressure, particularly those who decide to practice on their own rather than sign on as an associate with an existing firm. Attorneys in this specialty usually represent clients on a contingency basis, meaning their fees represent a percentage of the plaintiff’s eventual compensation when the case is resolved, which is typically from 30 to 40 percent. This arrangement means that the plaintiff doesn’t pay a fee unless and until the lawyer recovers money on their behalf. These lawyers are typically only compensated if they win. Some injury cases can drag out for years before they’re resolved. This makes efficient time management skills very important as well. An injury attorneys have to balance these long, involved cases with shorter, less demanding ones if they’re going to pay the bills, at least if they elect to go into practice for themselves. It’s often recommended that new injury lawyers get their feet wet with an established law firm before heading out on their own even an insurance defence firm. This will help them understand the ins-and-outs of how their adversaries approach cases. Factors to Consider Before Hiring a an Injury Lawyer in Utah• Lawyers Near Me Who Practice Injury Law: When searching for an injury Lawyer in Utah, it is important to search for a law firm that handles injury cases similar to your case. For instance, if a car accident caused your injuries, you may want to search for “car accident attorney near me” when you begin your internet search for a lawyer to handle your automobile insurance claim. The same is true if your injury relates to medical malpractice, wrongful death, dog bites, semi-truck accidents, and motorcycle accident in Utah, workers ’ compensation, premises liability, catastrophic injuries, or pedestrian accidents. 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 Injury Lawyer first appeared on Michael Anderson.
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Bountiful Utah Divorce Attorney What Happens To My Bank Account When I File Chapter 7? What Happens If An Executor Refuses To Distribute An Estate? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/injury-lawyer/ |
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