Sure, but why risk it? You may lose and end up in jail for a long time. If you just received your first DUI then it is imperative that you do not sit back and expect to get a break from the legal system. You must take action and equip yourself with all possibilities on how you can beat your first DUI and dismiss all charges in court. There are too many times that first DUI cases that have gone horribly wrong for innocent first time offenders who simply had one drink over a state limit. Finding out what you’re up against is the key to beating your first DUI. Beware of a lot attorneys who will quickly get you an easy plea bargain on your first DUI charge. You will quickly learn that you have wasted over 5 thousand dollars on an expensive lawyer that gets you supervision on your first DUI arrest. A public defender can get you supervision! That is why your ability to equip yourself with all ways to beat your first DUI is crucial. The best possible outcome on your situation is a dismissal in court. Also beware that you will have a separate license suspension issued too from your first DUI arrest. Even if you blew well over the legal limit there is still plenty of hope for you to minimize or dismiss all DUI penalties. Did you know that a first DUI conviction and even DUI supervision will show up on your record? Many employers will not even consider employment for anyone who has a DUI on their record. The bottom line is you must fight to get these charges dropped and get your life back on track. Most importantly you must learn from your mistake and move forward without getting slammed by extreme DUI penalties. If you have recently been arrested and accused of driving under the influence, you are facing a dilemma. That is, you might not be able to decide whether to go with a public defender or an experienced DUI attorney. When you’re arrested, you are read your rights. These include the right to remain silent and the right to an attorney. However, the attorney you get in court isn’t always the best available. On the other hand, an experienced attorney is going to be expensive. This is a hard decision to make, but the following tips should help you get through this difficult time. Public DefendersA public defender is an actual attorney that is employed by the government to represent the accused who can’t afford their own attorney. So don’t automatically assume that you’re going to get a dud when you’re assigned to a public defender. However, you must understand that most courts have an influx of cases on a regular basis. That means one public defender might have several cases going on at one time. That means he or she has the potential to be stretched too thin or things about your case could be forgotten. So that’s something to think about if you are thinking about accepting the public defender for your counsel in your DUI case. Private DUI Defense LawyersWhen you select a private DUI attorney, the motivation and attitude is often different. Private attorneys are inherently hungrier for wins in the courtroom and they’re often very crafty. You will want to choose a private attorney with a lot of experience and a great track record so that you can be sure he or she knows their way around a court room. Private lawyers go into great detail about how to get their clients off the hook. That’s because this is their livelihood. A public defender is an employee while a private attorney is self-employed. His or her track record will make or break their business. For that reason, you may be getting a better deal when you go with a private attorney in these cases. Get Money If You Don’t Have AnyThis all being said, it all comes down to what you can afford. When you go with a public defender, you aren’t footing the cost. The tax payers are. But when you choose a private DUI attorney, you are footing the entire cost. And that cost could be very expensive, depending on who you choose. A lawyer with a solid track record and a well-known name can charge astronomical prices because people will pay it. DUI cases are that serious. ILLEGAL STOP OF PERSON OR VEHICLE – a driver cannot be stopped unless the officer has a reasonable and articulate basis to believe that a traffic law or other law has been violated. Similarly, a person cannot be seized unless a violation has occurred. WEAVING INSIDE THE LANES IS NOT ILLEGAL – weaving without crossing any lines is not a violation of the law, and a vehicle cannot be stopped for that reason. ANONYMOUS REPORT OF DRUNK DRIVING – a car cannot be stopped simply because an anonymous citizen reported that the driver was drunk. STANDARD FIELD SOBRIETY TESTING IS INACCURATE – in healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence. Those persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by these tests. NON-STANDARDIZED FIELD TESTS ARE INVALID – neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, or saying the alphabet, or counting backward, as valid sobriety tests. BREATH TESTING IS INACCURATE – virtually all experts concede that one breath test alone is unreliable. Breath testing is subject to various inaccuracies, including a variance as much s +/- 12.5%, non-specificity for ethanol, etc. BOOKING ROOM VIDEOS – Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary. IN-SQUAD VIDEOS – more and more often, the suspect’s driving and performance on field tests is being recorded; often contradicting police testimony. FAILURE TO PROVIDE SPEEDY TRIAL – If a client is not provided with a trial within a certain period of time, which varies between states, through delays of the court or prosecutor, the charges must be dismissed. POLICE BLOOD TEST INACCURATE – Many times, police blood testing fails to follow prescribed rules of testing, analysis, or preservation recommendations. HOSPITAL BLOOD TEST INACCURATE – Hospital blood tests overestimate a person’s true level by as much as 25% in healthy, uninjured individuals, and are not statistically reliable in severely injured persons. BREATH TEST OPERATOR UNLICENSED – Most states require a Breath Test Operator to possess a valid, unexpired operator’s license, or the breath test result is inadmissible. BREATHALYZER MACHINE MALFUNCTIONS – Most states specify that if there is a malfunction or repair of the breath test instrument within a certain period of time before or after a suspect’s breath test, the results of the suspect’s test are presumed invalid. BREATH TEST OPERATOR LICENSE EXPIRED – Most states require that a Breath Test Operator must possess an unexpired operator’s license, or the breath test result is inadmissible. BREATH TEST DEVICE NOT APPROVED – A breath-testing instrument must be listed on the Federal List of Approved Breath Evidential Instruments and the ISP approved a list of Devices, or the results are inadmissible. FAILURE TO PROVE DRIVING UNDER THE INFLUENCE – A defendant’s admission to driving, without more, does not prove a charge of driving under the influence. INDEPENDENT WITNESSES – Oftentimes, independent witnesses to accidents, bartenders, hospital personnel and others can provide crucial evidence of the defendant’s sobriety. FAILURE TO MIRANDIZE – Prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings. FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED – According to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication. OFFICER’S PRIOR DISCIPLINARY RECORD – A police officer’s previous disciplinary record can be used to attack the officer’s credibility. PORTABLE BREATH TEST INADMISSIBLE – Most states prohibit the use of portable breath testing results as evidence at trial in a DUI case. PORTABLE BREATH TEST IMPROPERLY ADMINISTERED – The manufacturers of portable breath testing devices require a minimum of two tests to consider the results evidential in nature. FAILURE TO CONDUCT OBSERVATION PERIOD – Most states require that a driver be observed continuously for a minimum period, such as twenty minutes, prior to a breath test in order for the results to be considered admissible and valid. EXPERT WITNESSES – Expert witnesses are available to review the validity of breath tests, blood tests, and field sobriety tests. MEDICAL AND HEALTH PROBLEMS – Medical problems with legs, arms, neck, back, and eyes can affect the results of field sobriety tests. Further, other medical conditions can also affect the validity of breath test results. BAD WEATHER – Weather reports establishing high winds, low visibility, and other conditions are available to explain poor driving or poor balance. LACK OF PROBABLE CAUSE TO ARREST – A police officer must have specific and articulate facts to support any arrest for DUI, or the suspension will be reversed and the evidence suppressed at trial. ILLEGAL SEARCH – The police are prohibited from searching a person or the automobile for a minor traffic offense, and may not search a car without a driver’s consent or probable cause. Any evidence illegally obtained is not admissible in court. PRIOR INCONSISTENT STATEMENTS BY POLICE OFFICERS – Any statement made by a police officer, verbally, in police reports, or at previous court proceedings may be used to attack that officer’s credibility. POST-DRIVING ABSORPTION OF ALCOHOL – The prosecutor must prove the blood or breath alcohol at the time of driving. Recent consumption of alcohol just prior to driving will cause the test results to be higher than what the true level was when the person was operating the automobile. INTERFERING SUBSTANCES – Many items contain forms of alcohol, which may cause false results, such as asthma spray, cough drops, paints, fingernail polish. These items can cause breath results to be invalid. BREATH MACHINE NOT PROPERLY OPERATED – The manufacturers of breath testing devices have specified protocols, which must be followed for a breath result to be valid. Failure to follow these requirements will result in improper readings. FAILURES TO PRODUCE DISPATCH TAPES – Most stops of vehicles are recorded on dispatch tapes, as well as recording police communications regarding an arrest of an individual. Failure to preserve such tapes upon request can cause all evidence, which could have been recorded to be suppressed. MISLEADING STATEMENTS BY POLICE OFFICERS – Any misleading statement by the police regarding the consequences of taking (or refusing) a blood, breath, or urine test will cause the suspension to be reversed and removed from the driver’s record. STATUTES OF LIMITATIONS – A misdemeanor charge of DUI must be filed within a certain period of time (which varies between states) of the date of offense, or the charges will be dismissed outright. PRIVATE PROPERTY – A person who has not driven the car on a public highway cannot be suspended for drunk driving. FAILURE TO DISCLOSE EXPERTS – The failure of the prosecutor to disclose the state’s expert(s) will cause those witnesses to be barred from testifying against the defendant. LACTATE RINGERS – When hospital staff use lactate ringers during the treatment of a patient, the hospital blood serum results will report falsely elevated, and therefore invalid, readings. FAILURE TO RECORD CERTIFICATION TESTS – the failure to include the value of the simulator solution used to test breath machines will cause the breath test results to be inadmissible in court against the driver. FORCED BLOOD DRAWS – In some states, the police may not take a blood test against the driver’s consent where there has not been an injury involved, or the result is inadmissible. Most people believe all police have noble intentions but on first DUI victims, they are sometimes much too harsh and use scare tactics on innocent drivers. Your immediate action is required in order to challenge all aspects of the arrest. DUI Defense Lawyer Free ConsultationWhen you need legal help with a DUI charge in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.
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If you are seeking a divorce, speak to an experienced West Jordan Utah divorce lawyer. The divorce laws have come a long way since colonial times. In colonial times, and even after independence, divorce law in the United States varied widely across the states, with southern states generally more inclined toward the English aversion to absolute divorce than their northern counterparts. By the late nineteenth century, every state had moved to a fault-based divorce regime, which authorized absolute divorce, but only for an innocent spouse who could prove that the other spouse had engaged in serious marital misconduct. Such misconduct typically included adultery, cruelty, or abandonment. Without proof of such wrongdoing, divorce was unavailable, no matter that the spouses disliked or even hated each other. By the end of World War II, a shifting emphasis on individual happiness rather than family stability had sparked questions about the legitimacy of fault-based divorce laws, which were increasingly viewed as pesky anachronisms. Not surprisingly, spousal collusion was widespread. If both spouses wanted out of the marriage, they could game the system by together fabricating grounds for divorce. This collusion was no secret: the courts, the clerks, the lawyers, the parties—virtually everyone—was aware of its reality, but distaste for restrictive divorce laws led most to look the other way. For a time, collusion effectively transformed many fault-based laws into mutual-consent divorce regimes. While fault-based restrictions on divorce and the collusion they inspired were not the finest moment in the history of American family law, this scheme did offer some protection to caregivers—at least to caregivers who had not committed marital fault and whose spouses were eager to escape the marriage. Such “innocent” caregivers could bargain for financial concessions, offering to collude in manufacturing grounds for divorce in return for a bigger share of marital property or generous alimony settlement. Of course, not every caregiver was innocent. Nor was every caregiver less eager to leave the marriage than her spouse or willing to lie to a court about the existence of grounds for divorce in order to improve her economic positioning. At most, fault based divorce threw a few bargaining chips to some innocent caregivers. At least in theory, fault-based divorce regimes also protected some innocent caregivers by providing a rationale for alimony. In an analogy to contract, a spouse who engages in marital misconduct might be said to have breached the marriage contract and thus be liable for alimony as damages. Under this reasoning, a husband who committed adultery, for example, would be required to pay alimony to an injured caregiver. Of course, such a fault-based rationale for alimony would protect only caregivers who are innocent and whose mates are guilty; that is, no innocent spouse would ever pay alimony and no guilty spouse would ever receive alimony. Alimony has a terrible reputation. For many, the word triggers nasty visions of the abused male, as indolent young women enjoy a country club lifestyle at the expense of their hardworking yet impoverished ex-husbands. Such visions, though largely mythical, seem close to the core of no-fault statutes that discouraged indefinite-term alimony. Early no-fault courts were powerfully seduced by visions of spousal rehabilitation. Rehabilitative alimony seemed to offer a solution for everyone. If divorcing caregivers could be swiftly retrained, both spouses would soon be freed to begin new lives. Everyone would be happy—financially autonomous caregivers and their alimony-free ex-spouses, no-fault theorists advocating a clean break at divorce, and feminists shunning the need for male support. Seek the assistance of an experienced West Jordan Utah divorce lawyer if you have decided to divorce your spouse. Once you decide to divorce your spouse, “be prepared for a fight”. You shouldn’t be surprised if your spouse becomes angry about the divorce because dissolving a marriage can bring out the worst in people. Some pre-divorce financial planning can ensure that your interests, and those of your children, are well-protected. For starters, get copies of the statements of all of your joint financial obligations, including those accounts with brokerage houses, credit card companies and other debtors. Also, secure insurance policies, bank and loan statements, pension plan documents, mortgage payments, recent tax returns and estate planning information. Depending on how you believe your spouse will react, it may be best to keep your plans for divorce under wraps until you have all of the information you need to support your case. If you fear your spouse will try to take money from your accounts or hide important papers, you can ask a judge to intervene on your behalf. On the other hand, you don’t want to be antagonistic either. A divorce fight means that “both of you will be living your lives by your lawyers’ rules and that’s not a good thing. At some point, you may need to consult with an accountant or some other resource to determine your tax liability under certain special circumstances. For example, the payments you receive from your spouse’s pension plan or IRA are taxable when you actually withdraw the money, but you may not know this unless you seek the advice of a professional. You can use the same resources to determine whether you receive any tax benefits from the payments you make toward your spouse’s medical costs, rent, tuition, life insurance or other expenses. Alimony payments, whether they are rehabilitative (for a limited period of time to help a nonworking spouse upgrade skills) or permanent (usually awarded to a spouse suffering from physical or mental illness), can also impact property distribution, especially if one party is able to exchange property for alimony payments, but this can only be decided in court. In the meantime, make a list of all of the property you and your spouse own, put an “H” or “W” next to the husband’s or wife’s separate property, including debts. Then determine which items you would like to keep after the divorce. In making these assessments, ask yourself (and your lawyer) these three questions: (1) How much is it worth to me in today’ s dollars? (2) How likely is it that I will win? and (3) What is it costing me to fight about it? Getting answers to these three questions can help you avoid some pretty costly battles. Most people don’t know how to ask these questions and their attorneys don’t know how to answer them. But you shouldn’t make a move unless you understand how your actions impact your future. One of the little secrets about divorce is that most people don’t spend a lot of money. There are a lot of assumptions that people make about divorce that just aren’t true. For example, it’s widely believed that you absolutely need a lawyer to get a divorce. In fact, there are people who get through a divorce without hiring a lawyer, especially if they don’t stand a chance of losing anything. But it is not advisable to do so. If the couple trust each other and don’t have any issues relating to property or children, they don’t necessarily need an attorney. On the other hand, “You shouldn’t be penny-wise and pound-foolish”. You can pay an attorney for a consultation and they can give you an assessment of your situation in five minutes. This will help you get some of your questions answered and determine whether you feel comfortable handling the divorce yourself. You can always retain an experienced West Jordan Utah divorce lawyer later if necessary. If you do choose to hire a lawyer to handle your case, it doesn’t have to break you financially. Instead of having the lawyer do all of the footwork, tell him that you can walk the paperwork to the court yourself. Be honest with your attorney and tell him that you don’t have a lot of money but you are willing to help. Most lawyers will be open to this. There is also the process of “unbundling,” or what is referred to as “supermarket shopping for divorce.” This is where you pay a lawyer for some services but opt to complete others yourself. Anything that you can do on your own, you shouldn’t pay a lawyer to do it. Another time and money saver takes place in the court-room. Before your case comes up, watch at least one divorce case in progress. Check with the superior court clerk and ask them when divorce court is in session. Then sit in on divorce proceedings. This will give you a chance to see the divorce process in action, assess the atmosphere of the courtroom, learn what the judge will ask for and see how issues which may apply in your case are dealt with. Whether you represent yourself or use an attorney, estimate how much you think your divorce will cost–up front–so you can make all of your payments in a timely fashion. At a bare minimum, you’ll need to pay court filing and service fees; a service charge for the court to serve your spouse with your complaint. Attorney fees vary widely, according to the attorney’s experience and geographical area. But you can expect those lawyers that specialize in divorce matters to charge more than a general attorney. When the plaintiff hires the attorney, a fee is set. Initially, the plaintiff gives the attorney a retainer, but the balance must be paid before the trial date. Open communication between a husband and wife provides the most valuable protection against a costly divorce, but sometimes lawyers, hurt feelings and pride interfere. Of course you don’t want to talk to your spouse. You’re getting a divorce, and one of the main reasons you’re getting one is a difficulty in your relationship with your spouse. However, if you can’t talk to your spouse, your divorce will take longer and cost more. In all likelihood, it will probably hurt more too, because things will drag out and you will realize at some point that you have lost control. Adversarial divorces cost too much money, take too long, inflict too much pain and leave both spouses feeling like losers. In an adversarial divorce, you, your spouse, your lawyer, your spouse’s lawyer and the judge all have to be present and ready to take action. If any one of these parties is absent or unprepared, your case will probably be at a standstill until it comes up again on the calendar–and that could take several weeks, maybe months. And because your case is dependent on when your lawyer as well as your spouse’s lawyer have openings in their calendars, there could be lengthy delays. Children and DivorceOften people argue about child custody when they are really arguing about money, either trying to get child support or avoid paying it. Shared parenting or joint custody would be the most equitable solution for divorcing couples. Both parents should contribute to the emotional and financial welfare of the child. The court will generally adhere to any agreement the two parties reach, provided it won’t harm the child. Aside from custody and visitation issues, your arrangement should also stipulate which parent can claim the children as tax deductions. Once child custody issues are resolved, start planning for a brighter future. Learn From Your Mistakes And Move OnWhen you get the papers, there is a sinking feeling in your stomach. It’s no wonder. Most people rate divorce as one of life’s most stressful events and it’s often difficult to repair the financial and emotional damage. Divorce causes people to act abnormally. It also helps to base your decisions on the facts rather than your feelings. Long warns against suing for material goods or financial amounts that are way out of your spouse’s reach. Regardless of what your lawyer says, you know the earning ability of your mate and you should try to work within that framework. If you’re willing to compromise you can do a lot better. What you need to get your divorce under way: • Social Security and driver’s license numbers • Recent tax returns • Mortgage statements and other credit and debit statements • Copies of bills or receipts for regular expenses (electric, gas, car insurance, etc.) • Additional income statements (interest accrued, stocks, bonds or other investment documents) • Recent pay stubs for you and your spouse • Deeds to any property • Titles to cars, boats and other vehicles • Wills • Health insurance cards and papers • Life insurance policies • Pension and retirement fund papers and statements • Names, addresses and phone numbers of your spouse’s employers, close friends or family members • Copies of bills, receipts, insurance forms or medical records for any unusual medical expenses for yourself, your spouse or your children • Any other papers showing what you and your spouse earn or owe In Utah there is uncontested and contested divorce proceedings.The parties are able to agree among themselves and enter into an agreement that includes provisions for child support, visitation and property division, and they request that the agreement be incorporated in the final decree, or The plaintiff files the complaint and the defendant was served but has never answered, or The plaintiff does not know the whereabouts of the defendant and it is done by publication. ContestedThe parties are not able to agree on the issues that are pertinent to the divorce. Legal advice should be obtained from an experienced West Jordan Utah divorce lawyer at an early stage before any final decisions are taken. Divorce is, after all, a legal process. No responsible solicitor or other adviser will recommend that divorce be undertaken lightly because its consequences, unless they can be agreed, may be unforeseeable. Too frequently, couples separate and make separate arrangements without finding out whether the agreed solution is feasible. Of course if a marriage between financially independent partners ends in circumstances where there are no dependent children it may be that that neither wishes to incur the costs of legal advice; and the only significant asset may be a home which is to be sold and its proceeds equally divided. Many eventualities can be anticipated which should be considered and prepared for in advance. It would be unfortunate if, having divorced on an agreed basis, the husband or wife were later to lose work or earning capacity and find that there was no possibility of claiming maintenance from the other. Equally, if a claim for maintenance was made in a petition and was not dismissed later by an agreed order, the later inheritance of money by the other party could result in a financial claim being pursued. There are limits to what divorce and financial proceedings can achieve. One purpose of early legal advice is to obtain information as to the likely range of settlement which, in each case, it may be possible to expect. If a client is prepared to discuss matters with his or her spouse in an attempt to resolve matters it may be useful to refer the couple to mediation. Mediation is a process designed to help couples resolve their disputes in relation to children and money. There are many different models, some involving one mediator and others two. It can take place before or during the divorce and financial proceedings. It may result in no agreement at all or agreement on some or all issues. Each party should always obtain independent legal advice on the proposed terms of settlement. The format of mediation meetings is informal and first names are generally used between the mediators and their clients. The emphasis is on forward-looking discussion rather than on analysis of the breakdown which concentrates on the past; this does not exclude discussion of the past but rather emphasises the need to plan solutions. The second session is preceded by completion by each party of a very detailed financial questionnaire. The number of sessions in the course of which terms of settlement may be worked out is between three and six. If proposals are made which can be agreed they will be set out in a summary prepared by the mediators. The agreement is ‘without prejudice’. It is fundamentally important that clients should obtain independent advice before entering into a legally binding agreement. Whether agreement is finally reached or not, the disclosure of financial information, and often other information verified by the necessary documentation, can save solicitors time and the clients legal costs. There is a point in negotiations where delay on one party’s side may have so prolonged the tension, and increased the costs, that an application for ancillary relief should be made to the court for it to determine the matter. The fact that proceedings have been instituted should be a trigger to more purposeful negotiations. External events may complicate or facilitate settlement prospects. A child may leave university and get a job. One of the parties may get a better job or lose one. The housing market in the area may change with the advent of a new firm or the disappearance of another. One party may develop a new relationship. One or both parties to a marriage may be deterred from proceedings because of the uncertain outcome of the financial applications they may make or of their applications in relation to the children; they should always be aware of the time, energy and costs which will be consumed. Separation may be an easier alternative in the short or medium term; divorce after all is not compulsory. On the other hand if, having obtained all the necessary information and advice, it is essential for the well-being of the family and the individuals to proceed, negotiations to lead to a divorce should begin. The rates of solicitors vary according to location, the experience of the solicitor and his or her reputation. The most experienced are not necessarily the best, and the cheapest may not be inexperienced, but when charging, more experienced solicitors will cost more than newly qualified solicitors, and solicitors cost more than trainees. However, more experienced solicitors may do the work more quickly and may adopt an overall approach that will lead to less tension and lower costs. What no solicitor can do is to control the conduct of the case unilaterally. If opposed by a solicitor who is determinedly litigious or if his or her client will not try to compromise in order to achieve a settlement, costs will inevitably increase. If junior staff are employed they should be strictly supervised. The partners of a firm are professionally liable for negligence, that is, failing in their duty to their clients, with the result of loss or damage. This liability extends to liability for the work of their staff. A matter may be resolved before it is heard. If so, costs will be one of the terms to be agreed. Frequently, after a case has been contested and the parties reach an agreement to avoid a hearing there is an agreement that there should be no order as to costs. A judge at the end of a contested hearing may also make no order as to costs. There are many varieties of order. Where it is necessary to make an application for a financial questionnaire to be answered, the spouse making the application will seek costs against the other. It may be necessary to take steps to obtain or enforce orders in relation to affidavit or other evidence. Where the applicant has merit on his or her side, costs may be awarded in his or her favour or they may be ‘reserved’. In that case an order for them must be asked at the eventual hearing. There are of course cases where there is nothing to be lost by making plain in the affidavit evidence filed at the court what an applicant or respondent’s position is; and the terms offered or the terms which he or she is prepared to accept can then be set out in the affidavit. The value of a sensible offer, open or without prejudice, is that it can protect the party making it from payment of the subsequent costs of the other party. If the offer is rejected and if the order made by the court is not as favourable to the other party as the offer would have been, the party who made the offer can seek costs from the date the offer was made. Child SupportDivorce can swiftly end a marriage, but the economic consequences can last a lifetime. As with many aspects of family law, the law governing the economic consequences of divorce underwent a dramatic shift during the twentieth century. In broad brush, husbands lost exclusive control and ownership of property during and after marriage; more and more they had to share ownership during marriage with wives, who had strong claims to property upon dissolution; the common-law tradition that relied on strict (and unequal) gender roles shifted to a more egalitarian approach. Yet even under the modern rules, women suffer more financially than men after divorce. These changes, despite their importance, took place quietly, with little fanfare. Also, in a way, modern law was shaped not only by the way in which gender roles have changed, but by the way they have remained the same for many couples. The common-law system assumed that women would stay home as housewives and this was mostly true. Modern law has to take into account the persistence of traditional patterns, in which still more women than men never work, quit working, or work less in order to keep house and raise children, and therefore have less wealth and earning power than their husbands. There are two basic questions: who gets what right now (property division), and should either spouse share in the other’s future earnings (spousal support). The answers are far from simple. These issues are “the main concern in divorce negotiation in lawyers’ offices and the major time in litigation,” particularly since no-fault divorce eliminated most fights about whether a marriage would dissolve Property Rights Of Husband And WifeThe common-law system of marital property had two defining features: coverture during marriage, and a title-based system of distribution at divorce. The principle of coverture suspended the wife’s legal identity during marriage. For all practical purposes, husbands controlled family property. Husbands were supposed to support their wives, but the doctrine of marital privacy usually made this duty all but unenforceable.3 However, once coverture was abolished by the Married Women’s Property Acts, married women could own property, and earn money, in their own right. When combined with coverture, the title-based system was potentially devastating for wives. Although the system spoke of “separate property,” coverture prevented wives from holding or acquiring separate property during marriage. They had usually turned premarital property over to their husbands upon marriage, and any property acquired during marriage was at least initially in his name as well. Thus, when the time came to divide property, a court could award most or all of the property to the husband. Some courts, it seems, often split property between spouses—disguised as “alimony,” or simply by ignoring formal law. But without a system that clearly authorized redistributing property, wives could be left destitute. With the spread of no-fault divorce in the 1970s, a broader approach to equitable distribution took hold in all separate property states. Equitable distribution statutes have survived any number of legal challenges; courts have uniformly ruled that states have the power to reallocate property between husband and wife upon dissolution of marriage. By the mid-1980s, the common-law system of allocating property at divorce based solely on title was finished. During a divorce proceeding, property is retroactively labeled as “separate property” or “marital property,” depending on when and how it was acquired. “Marital property” is defined much like “community property”: property earned by either spouse during marriage. Separate property, more or less, is everything else. Once a couple’s property has been inventoried and classified, each piece is assigned a value and allocated according to the statutory guidelines. Although either party to a marriage could initiate a divorce action, in reality the large majority of those seeking fault-based divorces were men. The reasons for this were probably many, but two, in particular, are often cited. First, men were less stigmatized for being divorced, and many quickly remarried anyway. Second, and perhaps more significant, more married men could “afford” to get divorced while most married women, with little earned income and often children to be cared for, did not have the luxury of being unhappy in their marriages and seeking fulfillment elsewhere. Of course, in extreme cases some women were compelled to leave a marriage, and some did. But in most cases it was the men who sought to be divorced, and often a suitable ground had to be fabricated. Because of the nature of the fault system of divorce, a wife typically had substantial leverage over a husband seeking divorce because he often needed her cooperation to try to demonstrate the presence of fault grounds in order to obtain his divorce. Assuming that the wife was not guilty of a genuine fault ground, she would use her leverage to coerce a desirable financial settlement in the divorce proceeding. Child custody was rarely an issue since everyone assumed, in the usual case, that the mother would retain custody. At the same time, however, she also had a greater need for support for herself and the children. Thus the wife might offer to cooperate with a consent decree if her husband was willing to meet certain financial conditions. This meant that she would not contest that there were statutory grounds for the divorce, but rather consent that they were, in fact, present. In essence, the man would buy his wife’s agreement to the divorce by offering her an adequate economic package. Development Of No-Fault LawsIn Utah today you can apply for a divorce under Utah no fault divorce law. Speak to an experienced West Jordan Utah divorce lawyer if you are seeking a non fault divorce. In 1970, California became the first state in the country to adopt a no-fault-based ground for divorce. Since that time, virtually every other state has passed some form of no-fault legislation. Now commonly known as no-fault divorce, any married person seeking a divorce can file such a petition with or without the consent of a spouse. The petition alleges, in essence, that there has been an “irretrievable breakdown” of the marriage and that a divorce is sought on that basis. The traditional “fault” grounds may or may not be present, and when the case is heard both parties have an opportunity to complain of the misdeeds of the other. The no-fault system has developed as a part of a significant divorce-law reform whose purpose was to end the charade of perjured testimony and falsified evidence that permitted consent decrees under the fault system. In practice, no-fault has had a significant negative economic impact on the women and children of divorce. When a husband who wants to end his marriage can simply file a petition alleging that the marriage is irretrievably damaged, he leaves his wife without a defense to such an allegation and without a bargaining tool to provide for herself and her children. Although initially hailed as a rational and responsive measure to an issue that substantially affected the lives of many, no-fault divorce resulted in many unanticipated consequences, primarily for children and those women whose occupation was that of a homemaker. In fact, the fallout of no-fault divorce has been so disastrous for women and children that in many cases it has severely reduced or totally eliminated their ability to obtain the financial security customarily granted to them. Another major consequence of the reform of the divorce laws has been that child custody practices have changed. In earlier days, child custody was almost automatically awarded to the mother unless she was deemed unfit. This favored stay-at-home mothers whose “occupation” was to raise their children. The mothers and children were generally assured of a support award, primarily because mothers were the primary caretakers, and maternal custody resulted in continuity of child care. Today women who seek to stay at home and be supported by their ex-husbands face an uphill battle. First, economic circumstances often make it prohibitive, because many divorced fathers cannot even support themselves, let alone pay adequate child support and support two households without a second income. The consequence has been that mothers must return to the work force, at least on a part-time basis. Second, many men are now contesting the assumption that women should automatically become the sole custodians of children. Alternative arrangements, such as joint child custody, challenge the need for mothers to be full-time homemakers, even if their ex-husbands can afford to maintain them in that role. A third factor in the difficulty women have in continuing as homemakers following divorce is their ex-husbands’ resentment. Women have almost always been awarded custody of their children under both the fault and no-fault based systems of divorce because the “fault” or “innocence” of a party still has a bearing on child custody. Courts make custody decisions on the basis of what is best for the children. Any allegations against either party of cruelty, intoxication, desertion, or any of the other legal grounds will likely affect the court’s award of child custody. In many cases, the wife is the “innocent” party, at least with respect to the legal grounds that courts recognize. Men perpetrate most of the physical and/or psychological abuse; men more often desert a family, etc. As a result, women have always had an advantage in retaining child custody, but more often today, men resent paying support without a fair opportunity to assert custodial rights. No-Fault DivorceThe mechanics of no-fault law are that either spouse is entitled to assert that irreconcilable differences have caused an irretrievable breakdown of the marriage. Exactly what constitutes an irretrievable breakdown under a particular no-fault statute is unclear, but generally one or both parties will allege serious marital discord that makes it impossible to continue to function as husband and wife. In most states a no-fault divorce can be granted even if one party does not agree to it, or indeed, if only one party shows up at the hearing. The implication is that no fault is ascribed to either party, i.e., the breakdown of the marriage was not precipitated by cruelty on the part of either partner nor did other fault grounds exist. In practice, the designation of the grounds for a divorce is often negotiated by the parties. It is not uncommon, for example, for one partner to file for divorce based upon a fault grounds and ultimately reach a settlement of the financial issues and change the petition for divorce to a no-fault proceeding. Under traditional fault rules, courts usually awarded alimony to an “innocent” spouse for life. Fault-based awards would generally be increased periodically to reflect the increased cost of living and, if necessary, would be modified if the original award was insufficient to support the dependents. No-fault laws made divorce available largely without reference to spousal conduct and typically, though unofficially, upon the request of only one spouse. The no-fault movement, however, did not eliminate fault from divorce proceedings. While fault is no longer the exclusive path to divorce, many states simply added a no-fault ground to their existing fault-based laws, offering parties alternative grounds for divorce—fault or no-fault. Even among states that disallow fault as a ground for divorce, marital fault may affect the economic consequences of divorce. While the concept of marital fault thus did not disappear with the appearance of no-fault divorce, the wildly popular no-fault philosophy significantly undercut fault-based rationales for alimony. Central to the no-fault movement was a vision of divorce as an opportunity for a fresh start and a clean break. Since no one was to blame for the marital breakup, no one should suffer unnecessarily. At least in principle, no-fault divorce thus aims to provide each spouse with an opportunity to begin life anew, as free as possible from any lingering marital entanglements—emotional or financial. With this goal came final abandonment, at least in principle, of any shreds of the old English view of a husband’s lifetime legal and moral responsibility for his wife. Under no-fault law, the court’s greatest emphasis is on two factors: (1) the wife’s employability, and (2) the duration of the marriage. Temporary (“transitional” or “rehabilitative”) alimony has become much more common than permanent alimony. This type of award is frequently granted to wives (usually) who may have left the work force or a training program to assume the responsibilities of being a married woman and mother. With few or outdated skills, she is given a limited period of time and support to “rehabilitate” herself and re-enter the work force. Under the nofault system, modifications and increases in support are the exception. Under the no-fault divorce laws, the average awards are smaller. In part, this may be the result of the altered bargaining position of women in no-fault divorce situations, but it is also likely that many judges presume that many women will, in fact, secure suitable employment after the divorce; the awards are set accordingly. Here again, in reality more often than not the courts underestimate the difficulty that a homemaker faces in finding a job that will make her self-sufficient. In many instances, alimony is virtually unheard of for women who are divorced in the early years of marriage (i.e., short-term marriages) under the current no-fault laws. Unless a woman has children at home and her husband is willing and able to maintain her as a primary caretaker, even women with children (except, perhaps, very young ones) will usually be expected to be self-supporting within a short period of time. Professional women in particular are rarely awarded alimony, even if they choose to be at home with the children and their husbands can afford to support them. The consequence is that motherhood is no longer a secure occupation, even in a household that can afford it, and stay-at home mothers have no guarantee that they will continue to be supported in that role after a divorce. Women and children of divorce suffer economically for a number of intangible reasons as well. In order for a woman to get a decent financial settlement, she has to have substantial knowledge of the family’s financial picture. A woman who is ignorant about her husband’s assets, income, investments, and expenses risks being taken advantage of by self-interested husbands and unscrupulous divorce lawyers. At the same time, many women are unrealistic about their own needs, particularly if they have not participated in paying bills and balancing the accounts. Their own lawyers, who should assist them and provide guidance based on experience with divorce situations, do not always take the time and pay attention to a particular client’s individual circumstances. Another “intangible” factor is that people in divorce are too often so emotionally shattered that they simply do not have the wherewithal to pursue the financial aspects of the divorce with the necessary vigor to protect themselves and their children. More often than not, it is the women who are in this position. Sometimes, particularly in recent years, a husband will contest child custody, primarily to coerce a better financial settlement. In other cases women do not understand the economic consequences of divorce until it is too late. And in still other cases, one party or the other (but mostly the woman) is willing to accept a smaller than adequate award simply to avoid the fight, to avoid going to court, to maintain a better relationship with the soon-to-be ex-spouse, or to assuage a guilty conscience resulting from walking away from a marriage and family. Too often it is the children who pay the price for the parent’s right to exit peacefully. Finally, as already mentioned, in an increasing number of cases there is simply not enough income to go around and support two households. Even when previously unemployed wives return to work, once child care costs are factored in, the net result is little more money than if they weren’t working. In a time of high unemployment, overburdened social programs, frequent divorces, and an alarming federal deficit, it is of little surprise that there is a scurry to find solutions. Child support orders involve both legally establishing a parent as responsible for the support of his child and setting the award amount. Extreme cases, where one parent is causing the children psychological or emotional agony and pain, may warrant legal intervention. A parent can file for a restraining order, ask the court to reduce the time spent with that parent, or request supervised visitation. Sometimes parents may need to resort to these methods in order to prevent further damage. But unless the situation is severe, it’s best for parents to allow children ample access to both of them, even if one parent is not handling the divorce in what the other believes is a gentle and sensitive manner with the children. Children quickly recognize which parent is helping to ease their pain and which parent is contributing to it. They also learn different things from each parent; perhaps the child learns resiliency and responsibility from the way dad deals with the divorce, and selfishness and anger from mom’s reactions and behaviors. Experiencing this range of (not always so nice) responses is unfortunate, but it is also a minicourse on the real world. If at least one person is parenting the children in a healthy manner, this person can help them develop ways to cope with the poor responses of the other parent. Naturally you want to protect your children from any negativity or emotional pain. However, this is impossible. Sad situations and unexpected traumatic events can occur at any time. The old adage “Life is unfair” holds undeniably true. You cannot fully protect children from the pain of life, and the pain of divorce is no easier to protect against, especially when one parent is not particularly invested in doing so, even for the kids’ sake. Although one parent cannot control his or her ex-spouse’s actions (or lack thereof), he or she can work daily to ensure that the children’s experiences with the ex-spouse will be happy and healthy ones. It’s important to channel any frustrations in a healthy way. You can turn those frustrations into your own commitment to work patiently and diligently through your divorce with your children’s best interests in mind and at heart. A serious mistake divorcing parents frequently make is to assume things about the other parent. For instance, let’s take a dad who is frustrated with a mom who has given the children inappropriate information about an affair that led up to their divorce. The dad is angry and shocked that the mother would use such poor judgment in telling the children the details of the affair. The father is making the (wrong) assumption that the mother ever had the ability to gauge good judgment in the first place. Perhaps if the father looked back in time, he might recall that the mother was the one buying beer for her teenager long before he was of legal drinking age, and then letting her nine-year-old watch R-rated movies. The father’s error is in assuming the mother knows what good judgment is and then basing his expectations of her on this assumption. Do not have expectations now for your ex-spouse that he or she was unable to meet before the initiation of your divorce. It’s better to work on addressing any problem areas anew with your ex-spouse than to build on resentment from age-old trouble spots. Sometimes a divorcing parent assumes the other parent doesn’t care about the children, based on that parent’s choice of action or inaction. But often, parents make poor choices not because they don’t care about their children but because they are caught up in their own emotional place. These parents often cannot see past this place to consider the best interests of their children. Divorce has an inevitable fallout. It causes profound disruption—both internally and externally in almost all areas of life. With divorce come pervasive losses, an overload of major and minor life changes, a seemingly endless array of unfamiliar practical problems, and intense and wildly fluctuating emotions. Divorce demands the restructuring of relationships with former partners, with friends, and even with children, as a single parent. It necessitates the forging of a new identity and the building of a new lifestyle, and it motivates self-exploration and reappraisal. Divorce is synonymous with disruption, change, readjustment, and reorganization—and consequently with stress. Stress is generally worse for spouses who are left, particularly if they are unprepared for separation. Believing they have lost control over their lives, they often feel as if they are pawns at the mercy of their former partners. However, divorce is inevitably stressful for both spouses. With the exception of the death of a spouse, divorce has been identified as the most broadly disruptive and stressful event that people face in our society. There is convincing evidence that the stress caused by separation and divorce can have a number of negative repercussions for you. Ineffective coping will complicate your life even further. In fact, how you cope with your stress may be more important to your morale and functioning than the severity of your stress. To many people, coping with stress means taking tranquilizers, drinking, smoking, or abusing other drugs. However, these methods will create further stress on your body. Fortunately, other stress-reducing methods have been found that will not further complicate your life and are more effective, too. This causes physiological changes in your body. Therefore, some of the most effective strategies to combat it are physiological in nature. Don’t minimize their importance or underestimate what they can do for you. They are well worth learning and incorporating into your life. Not only will they be helpful now; they will help you through any stressful period in the future. Sadness is a normal, expected, and healthy emotion in divorce. Even when a relationship has seriously deteriorated in recent years, there is plenty to be sad about at its end. At one time the relationship had been good, the partner had been cherished, and hopeful plans had been made for a lifetime together. These past good memories are mixed with the recent bad ones, and usually there is some wistfulness about what was and what might have been. Besides this, a past and a whole way of life has been left behind, as well as a good chunk of each partner’s identity. A home, possessions, continuous contact with children, and other relationships may have been left behind as well. For many divorcing men and women, the sadness is overwhelming. They feel out of control. They can’t eat, sleep, or concentrate. They feel drained and helpless and fear they will never stop crying. The worst of the pain is likely to peak during the first several months. It is likely to have leveled off by the end of the first year. Some people shut out their feelings of sadness and loss. “Why should I be sad? I’m happy to be out of a bad marriage.” They dismiss their losses as insignificant, bury their sorrow, and assume an air of nonchalance. These are folks who are likely to have problems completing their emotional divorce. When any marriage ends, there are inevitable losses. Before the door can be completely closed on the marriage, these losses need to be acknowledged and good-byes said to them. The death of a relationship needs to be mourned just as any death does. Doing so does not mean you have to be sad the marriage is over. It simply helps you close the door permanently and get on with your life. Just what is attachment? It is a sort of emotional bonding and a feeling of connectedness, a feeling of ease in the other’s presence and restlessness when the other is inaccessible. Attachment can paralyze a spouse with fear when he or she even thinks about leaving the unhappy marriage. It can cause a spouse to fight any and all settlement agreements in order to delay the final divorce. It can prevent a spouse from taking steps toward starting a new life. Attachment persists far longer than does love, and it persists despite conflict and antagonism. Proximity alone appears to be enough to sustain it. It seems to fade only gradually, without contact and sometimes with the help of a new love. Given the widespread feelings of attachment, it is not surprising that divorcing partners so often have intensely ambivalent feelings about one another. They vacillate between longing and anger, between love and hate. What does it all mean? they wonder. Are they doing the right thing by divorcing? Some go through periods of dating each other again. Some resume sexual relations. After marriages end, divorcing men and women usually have an urgent need to think and talk about their marriages. They go through the same events over and over again: what each partner said and did; what triggered each significant event and fight; what each partner could have done differently; where it may have gone wrong; who was to blame. Often it becomes such a consuming obsession that people question their sanity. You are no doubt concerned about how your divorce may affect your children. To give you a straight answer, parental divorce is very painful to children, and most do experience problems for a while. Does divorce cause long-term problems? A significant minority of children do develop long-term emotional, behavioral, social, or academic problems, even some who appeared to be doing well during the crisis itself. The majority, however, are not troubled with lasting problems, and some even develop greater psychological strength because of the divorce. To children, divorce does not mean the second chance that it so often means to one or both parents. Rather, it means the loss of their family— the entity that provides them with support, stability, security, and continuity in an often unpredictable world. Children assume that their family is a given and that their parents are permanent. After all, their family and parents are what provide for their needs. In their eyes, their family is intricately woven with survival. Many children feel rejected, perceiving that the parent is leaving them as well as the spouse. The majority of children are intensely sad and feel a deep sense of loss—of their family, their security, even their daily routines and family traditions. Even most of those who never had a close relationship with their departing parent now long for that parent. Many children have little control over their tears. Anger is a fairly common reaction among children. Many feel betrayed by the very people they have trusted to protect and care for them. They feel no one is considering their needs, and they feel powerless to alter the situation that is completely disrupting their worlds. Some angry children hide their anger, fearing it will further upset or alienate their parents. Others have explosive outbursts. Some act out their anger in temper tantrums, noncompliance, aggressiveness, destructiveness, rebelliousness, or sexual promiscuity. From children’s perspectives, the one positive aspect of divorce is that it may put an end to the fighting and tension with which they have been living. But studies find that conflict between parents usually escalates after separation, as hurt and embittered parents must work out details about parenting arrangements, support, and property, and as many begin to date. Distressed and bewildered children hear their mothers called whores, drunken bitches, and rotten mothers, and their fathers called liars, bastards, and terrible fathers. When parents separate, the world as their children know it begins to change and often ends. Daily life is transformed. Children lose daily contact with one parent, and the great majority long for that parent, whether or not the relationship had been close. Often early visits are infrequent and follow no predictable schedule on which children can depend, increasing their fears of abandonment. Will this visit be the last? At the same time, many youngsters also experience a sharp drop in contact with busy and overwhelmed custody-retaining parents, leaving children feeling isolated and intensely lonely at the very time they need reassurance and support the most. Many children find themselves for the first time spending long hours in day care or alone after school. Even some rather young children must get themselves off to school and prepare their own meals. Money also becomes tighter, now that two homes must be maintained, and often becomes a source of conflict between parents. Anxiety over money is easily transmitted to children, whose vigilance alerts them to each new problem in their lives. Things once taken for granted can no longer be afforded. What will the future hold? What plans will no longer be possible? It is not uncommon for families to move and for children to be forced to find a way to cope with losing their home, school, and friends at a time when their lives are already in turmoil. Each of these changes requires children to adapt anew at a time when many of them are already taxed near the limits of their capacities. However, the worst changes from children’s perspectives are the dramatic changes in their mothers and fathers and in their relationships with them. Will My Old Parents Please Return?For many children, the parents they come to know after separation do not seem to be the same people they have known all their lives. Many parents’ behavior becomes unfamiliar and unpredictable. Bewildered youngsters commonly observe rage, tirades, wide mood swings, lethargy, new pursuits, changed appearances, increased drinking and smoking, and drug use. Some become painfully aware for the first time of their parents’ sexuality, as a number of new “friends” share their parents’ beds. Some keep a vigilant watch on a parent who they fear may commit suicide. The rapid and dramatic changes in parents, occurring at the same time that children’s lives are in turmoil, are bewildering and frightening to children—younger and older alike. Ordinarily when children are in crisis, they can rely on the security, stability, and support offered by their families—these provide a protective cushion that softens the impact of the crisis. This is what happened with the British children who stayed with their parents throughout the wartime bombings. The children looked to that “reserve account” of theirs—their parents—to help them through the turmoil so they could emerge unscathed. During the stressful postseparation period, however, a large percentage of parents are so overwhelmed by their own stress, emotions, and new demands for rebuilding their lives that either they do not recognize their children’s neediness and distress or they simply do not have the emotional resources to tend to them. The distinction between an unhappy marriage and one which has irretrievably broken down can only be made by those who have already divorced. Ironically, the fact of divorce is not proof that the marriage did irretrievably break down. It is not unknown for unhappily married couples to divorce because their unhappiness is unresolved although the marriage relationship may not have broken down. Conversely, many husbands and wives stay together for financial convenience or because they consider it to be in the best interests of the children even though their emotional relationship has ceased to be of any significance. Every married individual, or couple if they are able to discuss their problems together, has to consider whether a relationship has ended. In recent years the relevance of their financial condition has usually been at the forefront of their problems. It is essential they should consider whether difficult financial circumstances exacerbate other problems. If there is no prospect of the financial situation being improved they have to consider how divorce will resolve it. For instance, if a warring couple are in arrears with mortgage payments on their home, a voluntary sale is more likely to produce a better offer than a forced sale by the building society, but it is unlikely that two homes can be purchased with the proceeds. Perhaps debt counselling in this situation should precede marriage counselling. Matrimonial counselling should enable a couple to decide whether they can bear to live together in an attempt to recreate their relationship. Often there is no question of joint consultation: if one partner has decided to leave, and is convinced that the marriage is at an end, he or she will not necessarily accept the need for counselling. The partner who remains will be in urgent need of counselling in order to learn to accept the situation or to learn how to persist in trying to save the marriage. He or she may however be forced into proceedings to prevent the other from taking unwise financial decisions such as emptying a bank account. Legal advice should be obtained at an early stage before any final decisions are taken. Divorce is, after all, a legal process. No responsible solicitor or other adviser will recommend that divorce be undertaken lightly because its consequences, unless they can be agreed, may be unforeseeable. Too frequently, couples separate and make separate arrangements without finding out whether the agreed solution is feasible. Of course if a marriage between financially independent partners ends in circumstances where there are no dependent children it may be that that neither wishes to incur the costs of legal advice; and the only significant asset may be a home which is to be sold and its proceeds equally divided. Many eventualities can be anticipated which should be considered and prepared for in advance. It would be unfortunate if, having divorced on an agreed basis, the husband or wife were later to lose work or earning capacity and find that there was no possibility of claiming maintenance from the other. Equally, if a claim for maintenance was made in a petition and was not dismissed later by an agreed order, the later inheritance of money by the other party could result in a financial claim being pursued. Statutes concerned with matrimonial law, like court decisions on how they apply to different cases, are the center of a web of legislation on other subjects—housing, insolvency, company law and property law—which, depending on the circumstances, can have a decisive effect on the outcome of matrimonial disputes. Utah divorce law is complex. Always seek the assistance of an experienced West Jordan Utah divorce lawyer. West Jordan Utah Divorce Lawyer Free ConsultationWhen you need legal help with a divorce in Utah, whether that includes divorce, divorce modification, child support, child support modification, child custody, child custody modification, change in terms, or any other type of family law, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
How Do You Tell Your Husband You Want A Trial Separation? via Michael Anderson https://www.ascentlawfirm.com/divorce-lawyer-west-jordan-utah/ If you are a business that provides goods or services, chances are you invoice your customers in order to receive payment. An invoice is simply a bill that sets out the amount to be paid, what is being paid for, and the terms of payment. Although most businesses don’t realize it, by giving customers an invoice, what businesses are really doing is extending credit to their customers. Invoices are CreditMost business people tend to view an invoice as simply a request or demand for payment, but by providing the good or service in advance of payment and requesting payment after the fact, what businesses have actually done is extend credit to their customer. More specifically, the law considers this to be an unsecured loan. Unsecured loans are loans that are not secured by collateral. Suing a customer to recover on an unsecured loan won’t work if the customer simply doesn’t have the money because there’s nothing to recover against. • How much credit is the customer seeking? • What other businesses does the customer do business on credit with? • How has the customer fared in difficult economic times? • What do other businesses say about doing business with the customer? • What kind of property does the customer own in case the customer goes into bankruptcy? • Any other relevant financial information If the account is especially large, consider hiring a professional credit research company that specializes in analyzing business creditworthiness. Determining a Customer’s Credit RiskWhen evaluating a customer’s potential credit risk, there are a lot of factors to take into consideration. One piece of advice is to look at the long term and patterns, not the short term and one or two isolated instances. Another piece of advice is to look at yourself and evaluate how much risk you can afford to take. Here are some of the basic considerations to keep in mind when evaluating a customer’s credit risk. • Has the customer had a long-term history of paying invoices on time: don’t let isolated instances affect your judgment, businesses regularly have brief periods of financial difficulty such as a one-time cash flow problem. The key is to determine whether the business genuinely tries to pay its bills on time and can be expected to “make good” even if it ends up paying late. • How big is the customer: how much benefit you expect to get from a customer relationship should influence how much risk you’re willing to take on. • How much risk can you afford to take: if you are on solid financial ground and can afford to be more aggressive, then you may be more willing to take on a riskier customer. • How long do you expect the relationship to last: if a customer seems like they might be a life-long customer, then you should consider taking on more risk. On the other hand, if the customer will only be around for a short period of time, then you should be less tolerant to risk posed by a customer’s poor credit. Creating the InvoiceIf you’ve decided that a customer is creditworthy, then it’s time to create the actual invoice. There’s nothing complex about an invoice, but the key to invoicing correctly is to be extremely clear in your description of the products and/or services rendered. Don’t use general statements about the good or service being provided, make the description detailed and accurate. Clearly state in bolded or offset lettering the time period the customer has to make a payment. Typical payment windows are 30, 60 and 90 days. Make it similarly clear how payment is to be made and to whom. Leave out no detail that a customer can use as an excuse for delay in payment. Finally, provide contact information for the customer to call if he or she will be unable to make the payment as requested. Business Lawyer Free ConsultationWhen you need legal help with your business in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
When Is Something In The Public Domain? via Michael Anderson https://www.ascentlawfirm.com/customer-invoice-as-credit/ When you’re hit by the proverbial train, you want your assets to go where you want them to go when you’ve gone to wherever you hope to go. Since it’s difficult to take your money with you on that last trip, you want to be sure that your assets go to the intended beneficiaries. You also may want to minimize the amount of your assets that stick to the hands of the tax collectors and others. Speak to an experienced Magna Utah probate lawyer to know your options. One of the two sets of issues involved in estate planning centers on the laws that control the disposition or allocation of the property of the recently deceased, and the other deals with the taxes associated with the transfer of the property from individuals and their estates to relatives and friends. If you try to minimize taxes, you may lose control of your assets. If you try to retain control, you will forgo the opportunity to minimize taxes. A difficult choice. When you die, the law of Utah, the state where you live—your legal residence—provides that ownership of all your assets is transferred to your estate. This transfer is automatic; there is nothing you can do about it (except to give some of your assets away prior to death so that the estate will be smaller). Your estate is a fictitious person, more or less like a corporation. The next step, established by law, is that someone—the “executor” of the estate—is required by law to write the checks to pay your debts and taxes and to transfer the legal titles to the assets that are now in your estate to the individuals and charities that you have designated. It is important that you speak to an experienced Magna Utah probate lawyer. The lawyer will advise you on what you need to do to ensure that your assets pass on the persons whom you want your assets to pass to. You can have an estate planning solution in place to ensure this or you could let the State of Utah decide which of your relatives gets a share of your estate. When you have an estate planning solution in place, you can give away your estate to your close friend or someone who is not related to you. But the State of Utah has no idea about which of your relatives are close to you. Utah also does not care about letting your close friend or someone else get a share in your estate. Your estate in the absence of an estate planning device will be distributed according to Utah intestate laws. Your will is a legal document that identifies who should receive the assets that you owned before they were transferred to your estate. When someone dies, the original copy of the will is forwarded to the probate court. The will identifies an executor—usually a close relative or trusted friend or a lawyer or a bank—who is legally responsible for paying your outstanding bills and debts and income taxes. The executor may sell some of the assets in the estate to get the cash to make these payments. After these payments have been made, the executor is supposed to follow your instructions about transferring the remaining assets to designated individuals and charities. Speak to an experienced Magna Utah probate lawyer before you make your will. If you don’t have a will, the distribution of the assets will follow the practices of the State of Utah. Generally, all of the assets go to the surviving spouse. The judge of the probate court appoints an administrator to manage the distribution of assets, much as an executor would if you had had a will. The administrator might be a political chum of the judge or a not-so-distant relative (the judge’s relative, not yours)—nice work if you can get it. All estates are subject to the “estate tax” (sometimes referred to as the “death tax”), which is a tax on the transfer of assets more or less like a sales tax. The law provides a threshold credit against the estate tax liability, so that less than 1 percent of estates pay this tax. Very wealthy individuals often have transferred assets to others in anticipation of their deaths to reduce the bite of the estate tax. Estate tax payments are due within nine months of death. Trusts and the Control over AssetsWills and trusts are all about control of assets after death. Consult with an experienced Magna Utah probate lawyer if you want to make a will or a trust. A trust owns assets, receives income on these assets, and pays taxes on the income. Trusts are “ownership vehicles”—fictitious individuals with legal identities. Trusts own assets for the benefit of real individuals. Trusts are either revocable or irrevocable. Remember that after you transfer assets to the trust, the trust owns these assets—you no longer own the assets. Nevertheless, the assets owned by the trust remain in the estate when the estate tax liability is determined. The grantor of a revocable trust can change his or her mind and essentially undo the establishment of the trust by asking that the ownership of the assets be transferred from the trust back to the grantor.You can change your mind with an irrevocable trust, but it won’t do any good. The trust document cannot be undone. The grantor of the trust gives up control of the assets and cannot be the trustee. Once the assets are transferred to the trust, they are no longer in the estate. Irrevocable trusts are used to reduce tax payments. Still, there are tax consequences—the trust may have to pay income taxes, and the transfer of assets to the trust may be subject to the gift tax if the cumulative amount of the annual transfer is larger than the credit against the estate tax liability. Do not use a make it yourself will kit that you can buy online. Remember there are certain requirements for a valid will. If your will is not valid, it is you but your near and dear ones who will suffer. Your will becomes operative only on your death and not before that. If you have already made a will by yourself, have it reviewed by an experienced Magna Utah probate lawyer. A will is advantageous for several reasons. If you die without a will, the cost of transferring assets is likely to be higher than if you had had a will and named an executor, especially if the executor were a member of your family or a trusted friend. (Their fees and charges and expenses are likely to be lower than those of the lawyers appointed by the probate judge.) If you have a will, there is smaller likelihood of significant bickering among your heirs—and the associated costs of lawyers to straighten out the arguments. The “intervivos” or living trust is usually established to facilitate the management and control of assets of an elderly person. For example, Jack Benny Sr. establishes a living trust and transfers the ownership of some or all of his assets—bonds and stocks, his apartment or home, a checking account—to the Jack Benny Sr. Living Trust. Jack Benny Jr. and Jack Benny Sr. are both trustees; each has the ability to write checks on the trust’s accounts. Eventually Jack Jr. will begin to write checks on this account to pay Jack Sr.’s bills. When Jack Sr. dies, the assets owned by this trust are not subject to probate, but they are included in Jack Sr.’s estate to determine whether a tax must be paid. Jack Sr.’s will indicates how the assets in the trust should be distributed. The trust is dissolved when it no longer owns any assets. Trusts can be used to reduce the payment of capital gains tax. You may have large unrealized capital gains on stocks and other assets. You may own some rental properties and your “tax cost” or “basis” for these properties may be substantially below current market values, perhaps because of the price appreciation or because of annual depreciation. The market value of your home may be substantially higher than the purchase price.If you sell one of these assets, you will realize a capital gain, and you will probably have to pay the capital gains tax. If you own these assets when you die, then the cost basis of these assets is “stepped up,” and in effect the tax on the capital gain will be avoided. Rather than sell these assets, you give them to an established charity—your favorite college, university, hospital, or religious institution. The charity sells these assets and uses the proceeds to buy bonds or stocks or some other income-producing assets that will be owned by a trust the charity has established for your benefit. You will receive annual income from this trust. When you (and your designated beneficiary, if you have established one in the trust) die, the ownership of the assets will be transferred from the trust to the charity, and the trust will be dissolved. Before you die, the charity manages the assets owned by the trust for your benefit. The income you receive from the trust is taxable as ordinary income. Seek the assistance of an experienced probate lawyerJust because a will has to go through probate in Utah, it does not mean that a will is not the best estate planning solution. When it comes to estate planning, there is no one size fits all solution. Each individual is unique. A will may work for some while it may not work for others. It all comes down to your individual circumstances. An experienced Magna Utah probate lawyer will review your personal circumstances and advise you on your best option. Remember before drafting your will, the lawyer will consider the issue of probate. Never use a fill in the blanks form or use a will made by someone else. It may not work for you. Most valid will go through probate without much trouble. That’s why you should get you will made by an experienced Magna Utah probate lawyer. The lawyer will help get the will probated. Magna Utah Probate Lawyer Free ConsultationWhen you need help with a will, trust, power of attorney, health care directive, probate or estate administration, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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At What Age Should You Make A Last Will And Testament? Criminal Defense Lawyer Park City Utah via Michael Anderson https://www.ascentlawfirm.com/probate-lawyer-magna-utah/ A trial separation is not something to be taken lightly. However, you may have reached a stage in your marriage where you don’t feel like there is an alternative, and you need to bring it up with your partner. While it may not be a huge surprise to your partner, it could still be an emotional shock that should be given proper weight. A couple may choose to undergo a trial separation before initiating divorce proceedings, or the process can lead to reconciliation. In either case, a separation allows spouses time away from each other to consider their relationship, values, and long-term goals. Talking With Your Spouse• Prepare your spouse: You don’t want to blindside the person out of nowhere. Alerting your spouse that you want to have a discussion can help him or her mentally prepare for what’s ahead, even if they’re not aware of exactly what you’re going to say. Also, pick a good time to sit down in person. This conversation isn’t one you want to have over email or the phone. This conversation needs to happen in person, when your spouse has the time and emotional space to deal with it. You don’t want to be distracted by other things. It might be good ideas to have someone babysit for you if you have kids. While you don’t want to put it off, timing is everything. For instance, if your spouse’s parent died last week, you may want to wait a little while. • Express your hopes and fears: You may want to circle around the topic, but it’s best to just get it over with, though you can be gentle about it. In addition, you need to take responsibility for why you want this separation. That is, you need to tell your partner why you feel the need to separate. Lead with what you want the discussion to be about. You could say, “I don’t think we’ve been in the same place lately, and I feel us growing apart. I’d like to discuss the possibility of a trial separation.” Don’t be afraid to talk about what you’re feeling. “I am afraid that if we go on like this we will fight and argue our way to divorce, and I hope that spending some time apart will help us see what our options are without ruining each other in the process.” • Establish what you want from the separation: Now that you’ve broached the topic, you need to let your spouse know what you expect to happen from the separation. Though it can hurt, being in the same page is important because it helps to guide your expectations through the separation. For instance, if you think the separation is a stepping stone to a divorce, you could say, “Right now, I’m really just trying to figure out what I want. However, if things don’t change between us, I could see this leading to a more permanent separation.” On the other hand, if you want the separation as a time to think with the hopes of reconciliation, you might say, “I know asking for a separation is hurtful to you. However, I don’t think things have been right between us for a while, and I think we need some time apart to figure out how to move forward in our relationship. I really do want to work it out, though, and hopefully get back together after our time apart.” • Give your spouse a chance to react: This conversation may come as a hard blow, even if your spouse realizes you’ve been having problems as a couple. Let your spouse have a chance to react, as his or her first reaction is probably going to be emotional. Give your spouse a chance to talk through it before you start trying to evaluate whether it’s a good option for your both. Once your spouse has gotten over the initial shock, start asking questions to determine what your spouse is feeling and thinking, such as, “So what do you think? Do you think it’s a good idea?” It may be that your spouse is on the same page, thinking time apart would do you good, but your partner may not want that all. • Discuss goals: That is, you both have things you’ll need from each other to make your marriage work. If you’ve done your homework, you already have some ideas of what you need from your partner, but your partner will also have some for you. Remember, these goals need to be concrete and specific. For instance, “Be less distant” is not concrete enough. “Check in with me at least 2 times a day” is more specific. Be open to hearing what your partner needs, as well. Each of you should have 3 to 4 goals for the other person. Agree that both of you will work on the goals without resorting to looking over the other person’s shoulder. That is, you can’t blame not achieving your goals on the other person not achieving theirs. • Decide on ground rules: Once you’ve had the conversation about the separation, you need to have another about the rules of the separation. You need to decide whether you’re going to live apart, how the bills are going to get paid, and who’s going to do what with the kids. You should also discuss whether dating is allowed and how far you can go on a date. For instance, if you expect to get back together, you may decide to rule out dating or sex. These rules will need to be very specific. For instance, if you’re talking about who gets to spend what time with the kids, you need to lay out what days and nights of the week the kids will spend with each party. Remember that the ground rules you set for a separation may affect what happens if you get a divorce, such as custody arrangements. For instance, if your kids are mostly living with one parent or the other, that parent may be granted primary custody. Talk to a lawyer to make sure that your ground rules are fair to both of you and your kids. • Don’t let it drag on: Together, set a time limit for your separation. It could be 3 months, half a year, or a full year. After you’ve set a limit on how long your separation will be, you can decide to let it go for longer. However, you don’t want to keep dragging it out. If you keep asking for more time over and over, it may be that it’s just time to end the marriage. If neither of you are willing to fight for the relationship anymore, it may not be worth it. Working on the Separation• Consider a therapist: If you’re having enough trouble to want a separation, a third party mediator, such as a therapist can help. A therapist will help you to discuss your problems without getting so heated and hopefully work on finding common ground. A therapist will expect both of you to be emotionally present, working hard to put your relationship first. Ask around for recommendations for a couple’s therapist from friends you trust. More than likely, some of your friends have had problems, too, and may have seen someone who’s good for you and your spouse, too. A therapist can be objective about your relationship, whereas it’s harder for the two of you to be objective about something that you are both so emotionally invested in. Therefore, suggest to your partner that you consider going to a therapist. Another option for a mediator is a pastor. • Get a lawyer: A lawyer is also important when you’re separating. Once again, it’s good to ask your friends who’ve been through a divorce if they have any recommendations for lawyers. A lawyer will go over the legal ramifications of your separation so you know what to expect if you do get a divorce. In addition, your lawyer can act as a mediator for you if you need one. You can also look up reviews of lawyers online to find one that most people have been happy with. Meet with the lawyer before deciding to engage him or her as your personal lawyer. Ask the lawyer if they’re willing to act as a mediator if you need it and how often they’ve worked with people on a trial separation. Plus, you want to make sure you connect with your lawyer and trust him or her as a person. As noted in the step about laying out ground rules, it’s important to remember that what you do in your separation can affect your divorce. What you decide about who takes care of the kids now, for instance, can be used to decide who gets custody of your kids. • Continue to talk: If you have a trial separation without spending any time talking, you won’t be able to work through your problems. If you really want to get back together, you’re going to need to spend time talking through your problems, preferably with a third party. For instance, you could try talking on the phone twice a week. Consider addressing specific issues each time you talk. Talking on the phone cuts out some of the emotional charge in the situation. If you’re really emotional, you may want to start with emails and the move up to phone calls. If you’ve engaged a therapist or you’re visiting with a pastor, that can be one way you can continue to connect with each other. • Keep it to yourself: Of course, telling your close friends and family that you’ve separated is appropriate. However, now isn’t the time to post a huge announcement on social media. You are trying to decide if things will work out, and having the whole world (or at least all your friends, including the person you never liked from high school) weigh in isn’t going to help. What happens going forward should be between you and your spouse, and possibly a good therapist. Sorting Out Yourself First• Sort out your feelings: You’re obviously feeling like something is wrong with the relationship. However, you need to be able to put your finger on why, not just put it in general terms. That needs you need to spend some time thinking about what you think has gone wrong with the relationship. Some areas you can think about are whether you still have fun together and laugh and whether you still have similar goals. Sex is also an area that can cause problems. Another area you can look at is the way you communicate. Has communication broken down in your marriage? Can you identify where it started breaking it down? Also, consider the ways you care for each other. Happy couples enjoy doing things for each other. If you find you are doing all the work in the relationship, both the emotional work and the physical work of living together, that could a large part of the problem–your spouse isn’t holding up her or his end of the marriage. • Be able to lay it out in concrete terms: That is, you have figured out why you’re unhappy. To be fair to your spouse, you need to be able to lay out in exact terms what’s not working for you. The best way to do that, once you figure out what’s wrong, is to give concrete goals and ask for the same in return. For instance, maybe you’re unhappy because you don’t feel like your spouse pays attention to you anymore. A concrete goal would be to spend alone time together at least twice a week. Come up with 3 to 4 concrete goals that you can discuss with your spouse. • Decide what you want from the separation: That is, are you almost certain you will get a divorce after the separation? That’s something you need to be up front about. However, if you really want a separation to help you decide if you still want to be in the relationship, it’s okay to bring that to the table, too. • Have a time frame in mind. In many cases, couples who have a trial separation set a certain time frame. When that time frame is up, the couple either decides to get back together or to divorce. One therapist recommends 3 months as a good time frame, but you should have a time frame in mind when you talk to your spouse, along with a good justification for that amount of time. For instance, you might feel like half a year is better to figure out your feelings. Alternatively, you may want to separate for 3 months to give your spouse a chance to go through rehab. If they don’t, you may choose to divorce at the end of that period. Of course, you can reevaluate after the time period. If you’re both still unsure, you can agree to another length of time. Separation Lawyer Free ConsultationWhen you need legal help with a family law matter, whether that is a separation or divorce, child custody or child support, a prenuptial agreement or post nuptial agreement, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Real Estate Lawyer Heber City Utah via Michael Anderson https://www.ascentlawfirm.com/how-do-you-tell-your-husband-you-want-a-trial-separation/ If you have been charged with assault, contact an experienced Park City Utah criminal defense lawyer. It is a serious charge and you can be sent to jail. Your liberty is at stake. The crime of assault can range from simple assault, which is usually a misdemeanor offense, to first-degree assault, in which the defendant causes serious physical injury to the victim. A simple assault is generally defined as an unlawful attempt to injure the victim, coupled with the present ability to commit the violent act. This means that the defendant acts in a threatening manner toward the victim and takes steps toward accomplishing the goal of injuring the victim. Under these circumstances, although the defendant does not actually physically harm the victim, the defendant’s threatening conduct nevertheless causes the victim to be in reasonable fear of receiving a physical attack (a battery). When examining whether the defendant’s conduct rises to the level of a simple assault, several factors must be considered. First, words alone, no matter how abusive or threatening, are not sufficient to constitute an assault. The criminal law does not punish people for having bad thoughts or expressing them to others. If criminal liability were premised on words alone, it would simply be too difficult to prove that the defendant uttered the statements with the intent to carry out a crime as opposed to bluffing or joking with the victim. There must be some other conduct accompanying the words to assist in determining and proving the defendant’s actual intent. Other conduct evidence might include threatening gestures that accompanied the defendant’s words, the presence of a weapon and/or the physical proximity of the defendant to the victim. Other circumstantial factors that may be considered when determining whether a victim’s fear of a battery is reasonable include the relative sizes of the victim and defendant and any previous relationship between the defendant and victim that might have contributed to the atmosphere of fear. Assault with intent to Inflict Serious Bodily InjuryIn some cases, the defendant’s threatening behavior may actually result in bodily harm to the victim. In most jurisdictions, the seriousness of the victim’s injury will determine the degree of the assault charge. For example, if a defendant acts with intent to cause serious physical injury to the victim and does, in fact, cause such injury, he may be charged with assault in the first degree. The serious injury, in most cases, is caused by the defendant’s intentional use of a deadly weapon or dangerous instrument against the victim. However, a serious injury may also result when the defendant engages in reckless conduct that creates a grave risk of death to the victim (e.g., operating a motor vehicle in a reckless manner). One question that frequently arises in assault cases is whether the victim has suffered a physical injury that is serious enough to warrant a charge of first-degree assault. Generally speaking, to constitute a serious physical injury, the injuries must create a substantial risk of death to the victim. When determining whether the victim has suffered a serious physical injury, the trier of fact will be required to consider the nature of the injury, any required hospitalization or surgery, the likelihood of future complications and any permanent injury, disfigurement or disablement to the victim. In many first-degree assault situations, because the defendant’s conduct is so life-threatening and creates such a substantial risk of death to the victim, the government may also charge the defendant with attempted murder. For attempted murder, the government must prove that the defendant intended to kill the victim and took a substantial step toward accomplishing that objective. For example, if the defendant angrily and viciously wrestles the victim to the ground and begins pounding the victim’s head into the concrete pavement (a dangerous instrument), this conduct would likely be considered first-degree assault. However, the same conduct might also warrant a charge of attempted murder if the nature of defendant’s conduct demonstrates an intent to kill (e.g., using a dangerous instrument such as concrete) and a substantial step toward accomplishing that objective (e.g., pounding the victim’s head into the concrete). The defendant’s intent to kill can be demonstrated circumstantially by examining the type of weapon used as well as the nature and extent of the victim’s injuries. Assault with Intent to Commit Other Criminal OffensesA defendant may cause injury to a victim during the course of and in furtherance of the commission of another offense. For example, a defendant may initially intend to commit a robbery and during the robbery attempt, he may cause physical injury to the victim. In that case, the defendant may be charged with assault with intent to commit robbery. This charge covers conduct that occurs when the defendant causes some level of injury to the victim in the process of furthering another crime. ArsonThe elements of the crime of arson include using an incendiary device or explosive with the intent to cause damage to property or vehicles. An incendiary device is one that is designed to explode or produce combustion upon impact. Property can include buildings, whether occupied or not, as well as items attached to the ground such trees and shrubbery. Additionally, since a significant number of arsons are committed for the purpose of collecting insurance proceeds, many arson statutes specifically criminalize “burning for profit” conduct. When proving the elements of arson, the government must first demonstrate that the fire or explosion was caused by a human act rather than, for example, an electrical malfunction. Once it is determined that the fire was caused by a human act, the government must then prove that the fire was started with the specific intent to damage property as opposed to an act of carelessness (e.g. carelessly discarding a match or cigarette). Of course, each of these elements may be demonstrated by circumstantial evidence. Using careful arson investigation techniques, fire officials can usually determine the origin of a fire or explosion. For example, if the investigation reveals that the fire began with the aid of an accelerant (such as gasoline) not typically located on the premises, then that provides some circumstantial evidence that the fire may have been started unlawfully. Linking the defendant to the incendiary device and proving the necessary mental state may be accomplished by showing that the defendant had the means and opportunity to commit the crime. For instance, the government may present evidence that the defendant purchased large quantities of gasoline or other materials to make an explosive or incendiary device shortly before the fire. Or, they may present witnesses who observed the defendant near the location of the fire shortly before it occurred. Proof of a motive can also significantly bolster the government’s circumstantial evidence in an arson case, although it is not an element of the crime. Proving the basis for a motive to unlawfully burn property might require examining the defendant’s financial condition and potential to collect insurance proceeds. Additionally, in some cases, an unlawful motive might be revealed by exploring prior disputes or threats by the defendant against the owner of the property or the property itself. Each of these facts alone may not be sufficient to establish defendant’s guilt. But, when taken together, they may paint a strong circumstantial evidence picture from which the judge or jury may draw inferences as to the defendant’s intent to unlawfully burn property. An experienced Park City Utah criminal defense lawyer can help you fight an arson charge. Drug OffensesMost drug statutes make it a crime to knowingly manufacture or deliver or possess with intent to manufacture or deliver controlled or counterfeit controlled substances. Controlled substances include, among other things, heroine, cocaine, morphine, methamphetamine, LSD and marijuana. Possession of controlled or counterfeit controlled substances may be actual physical possession or “constructive” possession. Constructive possession means that possession will be implied if the defendant has the intent to possess the illicit substance and maintains control and dominion over the premises where the controlled substances are located. The mere presence of controlled substances on defendants’ premises is not enough, however, particularly if it is a location that is well traveled or occupied by others. There must be sufficient proof that the defendants had knowledge of the presence of the controlled substances and intended to possess the substances even though they may not have been in their physical possession. Thus, if the controlled substances are located in an area of the defendants’ home or car, where they have exclusive dominion or control, this may constitute possession by the defendants, by virtue of the location of the drugs on the defendants’ private property. In drug-dealing cases, if defendants are apprehended before the actual delivery of the controlled substance, proof of intent to deliver controlled substances is generally demonstrated by circumstantial evidence. The most compelling circumstantial evidence on this issue is the amount of controlled substance defendants have in their possession at the time of arrest. The larger the amount, the more likely it is that the defendants intended to deliver some portion of it to others, rather than keeping it for personal use. Even if the defendants possess a small amount of the controlled substance, they can still be convicted of possession with intent to deliver, but much more circumstantial evidence will be necessary. Thus, in addition to possession, the government might be required to produce evidence of contacts or appointments made for purposes of delivering the controlled substances. Other circumstantial evidence of possession with intent to deliver might include the type of packaging used for the controlled substance, large sums of money or weapons in the defendants’ possession or the presence of other drugs or drug paraphernalia in the area. If there is insufficient evidence of intent to deliver, then defendants can still be charged with the lesser offense of possession of a controlled substance. Simply proving that the defendants had knowledge of the controlled substance and that it was in their immediate and exclusive control is sufficient for a charge of drug possession. Note here again that knowledge of the controlled substance alone is not enough. The defendants must also have immediate and exclusive control over the controlled substance. Just as in the case of possession with intent to deliver, simple possession of a controlled substance may either be actual or “constructive.” Interestingly, most drug offense statutes also make it crime to possess with intent to deliver or merely possess counterfeit controlled substances. At first glance, this seems an unusual criminal offense because counterfeit substances don’t cause any real social harm. Nonetheless, one rationale for these provisions is that they allow the government to bring cases against defendants in instances when undercover officers pose as drug purchasers and buy counterfeit controlled substances instead of the “real thing.” Without statutes outlawing delivery or possession of counterfeit controlled substances, the drug seller could not be prosecuted because what he sells the undercover officer is not actually a controlled substance as defined by the statute. A similar result would occur if the officer arrests an individual for simple possession of drugs only to later discover after testing that the drugs are in fact counterfeit. One of the major difficulties associated with prosecuting defendants for delivery or possession of counterfeit controlled substances involves distinguishing between possession of innocent substances and possession of counterfeit controlled substances. In other words, how can we tell whether the defendant intended to possess counterfeit cocaine or was merely possessing an “innocent” substance such as flour? Generally, the counterfeit substance must be packaged and presented in such a manner that a reasonable person would believe that using the product would produce an effect similar to that of the actual controlled substance. Some factors that will be considered when charging the defendant with delivery or possession of counterfeit controlled substances include the type of storing and packaging used for the counterfeit substance, any representations made by the defendant as to the nature of the substance, and whether the defendant was attempting to exchange the counterfeit substance for something of value. Drug crimes are serious offenses. If you have been charged with a drug crime, you should immediately get in touch with an experienced Park City Utah criminal defense lawyer.Park City Utah Criminal Defense Lawyer Free ConsultationWhen you need legal help with a DUI charge, drug crimes, traffic violations, white collar crimes or other criminal charges against you in Park City Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Real Estate Lawyer Heber City Utah via Michael Anderson https://www.ascentlawfirm.com/criminal-defense-lawyer-park-city-utah/ If you have a child under the age of 18, you need a will that names a legal guardian or guardians in the event of your and the other parent’s death. If you don’t name a legal guardian before you die, the court will choose who will care for your children, with no input from you and don’t assume that the court will automatically grant custody to aunts, uncles, or even grandparents of the child. Also note that legally speaking, the surviving parent has the right to custody if the other dies, so if this is something you don’t want, you should plan for this ahead of time as well. Moreover, when drawing up your will, be sure that you and the other parent are on the same page regarding the legal guardian so you can include the same name in both of your wills to avoid later problems. Also, think about naming an alternate guardian should your original choice be incapable of taking on the responsibility for any reason. While the choice of a child’s legal guardian is highly personal, there are some considerations that everyone should think about, and they include the following: • Should you consider co-guardians? If your preference is to have your children raised in a two-person home, be sure to name each member of the couple as a co-guardian. For example, if you would like your sister and brother-in-law to jointly raise your children, include them both as co-guardians. • How old is your chosen guardian? Many people immediately think of their own parents for guardians of their children, but consider the age and general health of your chosen guardian and whether he or she will be able to handle the physical demands of raising children. If your children are nearing the age of majority, this may not be as much of a concern, but if you have younger children, it could be a very important consideration. • Where is your chosen guardian located? Are they in the same town as you? A few towns over? Another state? How far away are other family members and important people in your children’s lives? Will your children have to deal with moving to a new location in addition to the loss of their parent(s)? • Is your chosen guardian up to the task financially? As a parent, you know that raising children is expensive, so while ideally, you will have prepared financially for your children ahead of time with estate planning, be sure to consider your chosen guardian’s financial resources as well. • Does your chosen guardian share your personal and religious values? • Make sure you have a heart-to-heart with the chosen guardian. Requirements for Making a WillAnyone of legal age (18 years old in most states) and sound mind can make a Will. If you have property that you wish to distribute at the time of your death, you should have a Will. When you make out your Will, you’ll need to designate beneficiaries and an executor. The beneficiaries are the people or organizations who receive your property. The executor is the one you designate to see that your wishes are carried out. Legal AgeIn most states, a minor becomes an adult at the age of 18. Once he or she reaches that legal age, certain rights and privileges are granted. That holds true for most states when it comes to making a Will. Forty-seven states currently require the Will maker to be at least 18 years of age. A number of states make provisions for those younger than 18 years of age to write a Will if they are married, economically independent, or a member of the armed forces. Mental Competence“Being of sound mind and body” is a phrase made famous by movies and television versions of Will making. And it’s true, mental competence is an essential factor in making sure your Will is legally binding. Being mentally competent means that you know you are executing a Will, and are familiar with your property as well as your family and descendants. Witnesses are required to sign the Will and one of their functions is to validate your mental well-being. If is it anticipated that dissatisfied heirs might contest the Will based on mental incompetency, extra steps should be taken at the time of the signing of the Will, such as a doctor’s assessment. Distribution of PropertyThe main purpose of a Will is to make provisions for the distribution of your property after your death. In general, you can designate anyone you wish to be your beneficiaries and you can distribute your assets in any fashion, but there are a few exceptions. Many states have provisions that provide the surviving spouse with the ability to elect to take a defined portion of the estate regardless of the provisions in the Will. As we have seen many times in literature and drama, unusual or excessive provisions can be attached to an inheritance. For example, someone includes a Will provision that the first child to bear a child gets the largest share of the estate. While this makes for good storylines in fiction, most probate courts in the real world frown on such provisions. A dissatisfied beneficiary may decide to contest the Will in court. Leaving Property to SpousesMost of the time, spouses are the major beneficiary in a Will. Even so, there are laws in all states that protect the surviving spouse from being disinherited. Some allow the spouse to take an elective share of the estate, usually one-half or one-third, regardless of the provisions in the Will. One method to disinherit a spouse may be through the use of a premarital agreement, but the courts are apt to closely scrutinize such agreements to make sure that the agreement was signed in good faith and with full disclosure of assets. It’s possible to put limitations on the property that you leave to a spouse through the establishment of trusts for the benefit of your spouse that come into existence after you die. You should consider the following factors in deciding what kind of trust is best for your circumstances: • the possibility that your spouse’s needs may increase in the future • the manner of living to which your spouse is accustomed • the ability of your spouse to provide for his or her own needs • the ability of your spouse to manage the trust assets • the possibility that your spouse may remarry and the affect the marriage may have on your children or other beneficiaries. Providing for Minor ChildrenMany times a spouse is given the entire estate with the expectation that he or she will provide for minor children. That expectation is not always sound however, especially when the surviving spouse is not the parent of the children, or if the spouse is not available to care for the children at the time of your death. One of the most common practices under these circumstances is the establishment in the Will of a minor children’s trust. The trust provides financial support for the children until they become adults, at which time the remaining assets of the trust are distributed to them. It is important to carefully select the trustee, who will manage the trust and make the distributions to your children. The trustee will work closely with the person you’ve named as guardian to raise your children. In many cases, the trustee and the guardian are the same person. Written RequirementsMost Wills are documented with the written word. These are usually formatted with typewriters or word processors. If properly signed and witnessed according to the requirements of the state where signed, these are legally valid in all states. However, there are other types of Wills. Holographic WillsSome states recognize Holographic Wills. These are handwritten, un-witnessed Wills, signed only by the Will maker. Oral and Form WillsA few states still recognize Oral Wills, under certain conditions. Others offer a standard Will form, where you just fill in the blanks. Video WillsA relatively new type of Will is the Video Will, where the Will maker usually reads his or her Will out loud before a video camera. Videotaping a Will can help avoid a Will contest by showing that the Will maker was competent and following proper signing formalities. Keep in mind that many states will not recognize a video Wills as a substitute for a written Will; the Will maker should do both. Signing RequirementsIn order to make your Will valid, you must sign the document in the presence of at least two witnesses. They, in turn, must sign it as well, in your presence and in the presence of each other. At the time of the signing, most state requires that you be mentally competent and at least 18 years of age. WitnessesWitnesses are very important to the validity of a Will. The signature of at least two witnesses is required in order to affirm that you were mentally competent and under no duress at the time you executed the Will. Each witness must understand that they are witnessing a signing of a Will and they must be competent to testify in court. Witnesses should sign in the presence of each other. In many states, a witness cannot be a beneficiary of the estate. States have adopted these laws to prevent any conflict of interest from those who may be in line for gifts, or who may benefit from your death. Some states will allow for a beneficiary to act as a witness, but in doing so, that witness may lose some or all of the property that he or she would have to inherit. How to Sign Your WillEveryone puts off making a will. So once you’ve actually done the heavy lifting decided who you want to inherit your property, who you want to serve as your executor, who to name as guardian for your children, and gotten all of these decisions written down in a will, feel free to give yourself a hearty pat on the back. There’s just one thing: You’re not done yet. A will, unlike almost any other legal document, must be signed (executed) in a special little ceremony before it is valid. Because unlike other legal documents, if there’s ever a dispute about what it means, the person who wrote it won’t be there to explain what he or she intended. So over the centuries, a ritual has grown up around the signing of a will. It entails a series of safeguards to make sure that the document is genuine, that it says what you want it to say, and that you knew what you were doing. It’s not hard to sign a will correctly, in a way that will ensure that it will be accepted as valid later. But unfortunately, it’s not uncommon for will-writers or their lawyers to make mistakes in the will-signing process, potentially invalidating a will. Here is how to make sure your will is a valid, binding legal document. • Proofread the Will: Before you do anything else, sit down and read the document slowly and carefully. Do these before you gather with witnesses to actually sign the will you can’t pay careful attention if you are distracted or feel hurried. Make sure that you understand everything the document says and that it reflects your wishes. Check the spelling of everyone’s name. If you left property to people in percentages or fractions, add them up to make sure they equal 100. Make sure that all the pages are numbered correctly and that there aren’t any big blank spaces. If anything needs to be changed, make your corrections and print out a new, clean copy of the document. Never cross out or add any language with a pen, or cover anything with correction fluid. The document should be perfect. • Arrange for Witnesses: Every will signing ceremony needs two witnesses, who will watch you sign your will and then sign it themselves. If you’re signing the will at an attorney’s office, the attorney will probably bring in witnesses employees of the law firm or someone who works next door. If you’re recruiting your own witnesses, be aware that not just anyone will do. For starters, witnesses must be adults, at least 18 years old. It’s also best to pick witnesses who are less than 18 years old. • Don’t inherit anything under the will: This is a requirement in some states, but have disinterested witnesses are always a good idea; so that they don’t have any incentive to say that you were of sound mind if you weren’t. • Know you: Part of a witness’s job is to state, in writing, that the will-maker appeared to have “testamentary capacity” that is, was able to make rational decisions about leaving his or her property. Someone who knows you is in a better position to evaluate that, especially if someone might raise questions about your mental state. • Will be available to testify if necessary: When your will is eventually submitted to the probate court, witnesses may need to give a written statement, or testify in person, that they saw you sign and that you appeared competent. • Arrange for a Notary Public: A will doesn’t have to be notarized to be valid. But in most states, you’ll want to make what’s called a “self-proving affidavit” part of your will and the affidavit must be notarized, which means that you’ll need a notary public at your will signing ceremony. If you sign your will in a lawyer’s office, the lawyer will provide a notary public. If you’re arranging this party on your own, you can probably find a notary public at a bank, real estate office, or package-mailing service. It’s worth it to go to the extra trouble of getting a notarized self-proving affidavit, because it will simplify the process of getting your will admitted to probate after your death. When your witnesses sign the affidavit, they swear that they watched you sign the will and that you appeared to have the mental capacity necessary to make a valid will. After your death, the witnesses won’t have to submit further statements or come to court to testify; the affidavit will do the job. • Gather Everyone and Explain What’s Going On: Everyone you, witnesses, notary should be in the same room for the signing ceremony. If you’re not, it might invalidate the will, depending on how strict your state’s law is. If everyone isn’t already acquainted, they should be introduced to each other. • Have the Witnesses Initial and Sign the Will: In your presence, each witness should initial every page, just as you did (and also in blue ink). They also sign the “attestation” at the end of the document, which states that they saw you sign the document and that you appeared to do so of your own free will, and put down their addresses. • Sign the Self-Proving Affidavit: Before your witnesses sign the self-proving affidavit, the notary may put them under oath; the notary should know what procedure is required by state law. The notary will then ask the witnesses to sign the self-proving affidavit. You can also ask the notary to ask the witnesses to say, out loud, that they understand and agree to each of the points in the affidavit. • Store the Will Safely: Now that you’ve gone through the whole will signing ceremony and have a legally binding document, don’t lose it! Put it in a safe place, and make sure your executor knows where to find it when the time comes. Estate Planning Lawyer Free ConsultationWhen you need legal help with estate planning, a last will and testament, a revocable living trust or administration of a trust or a probate case, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. 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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via Michael Anderson https://www.ascentlawfirm.com/at-what-age-should-you-make-a-last-will-and-testament/ Construction contracts are complex. Never attempt to prepare a construction contract without the services of an experienced Heber City Utah real estate lawyer or sign one for that matter. You could get into a big mess. Always use Utah Real Estate Lawyers when it comes to real estate in Utah.Bonds in general involve a payment by the contractor to a third party who is able to guarantee certain behavior or performance by the contractor. In the event the contractor fails to perform in the way specified, the bonding agent or surety is obligated to pay the party outsourcing for the service a set payment. Bonds are essentially forms of insurance. As with all insurance, there is a potential for abuse. For example, if a contractor has purchased a performance bond, there may be an increased tendency on the part of the property owner to reject the work or products produced under the contract for less than valid reasons. In cases where the value of the bond is greater than the value of the final product, this temptation is particularly strong. This situation is most likely to happen in cases where there is a good likelihood that the product or service being provided may be quickly outdated. In a situation where the product is no longer serviceable by the time it is delivered, the property owner may look for an excuse to find fault with the performance of the contractor and invoke the protection provided by the bond. Specific types of bonds include (1) performance bonds that require the contractor to perform as specified in the contract, (2) bid bonds which insure that the contractor accepts the contract that has been bid upon, and (3) payment bonds that insure payment for services rendered or goods delivered. If you are a construction contractor and you have been asked to sign a contract, consult an experienced Heber City Utah real estate lawyer. Liquidated damages provisions require the supplier or service provider to pay the property owner (buyer) a specific amount for the failure to provide a level or quality of service that is specified in the contract and that results in some level of damage to the property owner. Liquidated damages can be assessed for each day beyond the delivery date that the supplier fails to deliver on the contracted product or service, for unusable goods or services, and for services that have been judged unacceptable by an agreed upon measure of service quality. Liquidated damages in many cases can be assessed against or deducted from the payments that the property owner would make to the contractor. Property owners need to be careful in crafting liquidated damages clauses. The courts generally do not allow liquidated damages provisions to be used as a means to penalize contractors. Instead, such provisions are designed to compensate the property owner for actual damages and must therefore meet a standard of being reasonably connected to actual damages experienced. For example, imagine that a liquidated damages clause in a construction contract required that the contractor provide a financial report by the first of each month or, alternatively, pay the property owner $15,000 (or have the property owner’s payment to the contractor reduced by $15,000). One month the contractor fails to provide the report by the first of the month, but does deliver the required report by the fifteenth of the month. In this case, unless the property owner could prove that the delay of the report actually caused approximately $15,000 worth of damage, the courts would probably rule that the amount of the claim was out of proportion to the extent of the contractor’s performance failure and not allow a liquidated damages claim. One potential consequence of the court ruling that a liquidated damage clause is unreasonable is the complete setting aside of the clause. In such a case, the property owner could be left without the ability to be compensated for the contractor’s poor performance. Because reasonableness is the standard for judging the validity of a liquidated damages clause, property owners need to develop methods for assessing damages in proportion to the whole value of the contract or contract payment. No damages for delay terms essentially excuse the property owner or buyer from responsibilities for delays that the property owner itself causes. If the work to be done requires a high level of contribution from the property owner or a substantial amount of coordination between the property owner and the contractor, the no damages for delay clause represents a major shift in risk from the property owner to the contractor. Contractors, for the most part, are unwilling to assume such a risk without the potential for higher-than-normal levels of compensation. No damages for delay clauses are probably only appropriate when the property owner must be sure that the work will be completed on time even if the property owner’s own personnel are unable to facilitate the work in the expected manner. Property owners who find themselves requesting this type of clause could perhaps make a larger contribution to property owner efficiency by notifying responsible officials that improvements need to be made in operations. Clauses related to consequential damages control for substantial unforeseen and undesirable results of using a product or service. For example, the property owner may want to purchase some new water valves at a substantially lower cost than normal. The valves themselves may only cost a few hundred dollars, but the failure of a single valve could result in water damages in the millions of dollars. In reading the sales contract the property owner is likely to notice that the valve’s manufacturer has included a clause that requires the purchaser to forego suing for consequential damages or the damages that result from the failure of the part. In technologies that are subject to the potential for large consequential damages, such clauses can explain large differences in price that are otherwise unexplainable. Because the Uniform Commercial Code generally allows for consequential damages, the typical contract language in this area will be a disclaimer of such damages. Assignment clauses are used to control for the possibility of a contractor winning the contract award and then assigning the work to another service provider. Force majeure is a legal doctrine that excuses contractors or the property owner from performing their contracted duties because of conditions beyond the control of the respective parties (e.g, bad weather, vehicle breakdown, civil disturbances, etc.). Force majeure clauses are typically included as a boilerplate in most contracts. In some cases, however, property owners need to be careful not to include such clauses. When the point of the contract is to provide for emergency services (e.g, to back up service providers who have failed to deliver because of conditions beyond their control), force majeure clauses should either not be included or should be qualified so as to exclude conditions that the service provider is expected to overcome. Clauses related to being an independent contractor are often included in contracts as a means of establishing that the contractor cannot claim benefits (e.g., overtime, etc.) to which property owner’s employees are entitled. Requirements contracts clauses specify that the property owner is only contracting for services as required, that the payments or contract value is only estimated, and that the property owner does not guarantee the amount of work or requirements over the course of the contract. These clauses are commonly used in conjunction with services, such as snow removal, vehicle repair, tree removal, emergency response services, and facilities renovation work, for which a service level cannot be easily estimated. Risk-related clauses are those that attempt to appropriate the risk levels to be borne by the parties to the contract. Not every contract involves every type of risk. Good contract management calls for a close fit between the type and level of risk involved in the contract and the type and degree of risk-management contract terms that one intends to require. While it may be relatively easy to assess the potential for higher-than- average risk in a contract, it is often more difficult to decide how to manage this risk. This is the case because each of the risk-management clauses outlined has a cost. The cost is rarely explicit or itemized. Instead, it is usually included as part of the overall contract payment cost. Theoretically speaking, the contractor could lower the contract price for every risk-management clause or behavior that the property owner decides not to require. Sometimes the theory is evident in real contract situations. For example, if the property owner decides not to require a performance bond, companies that bid on the contract should be able to lower their price by the cost of the performance bond. While this may be the case in uncomplicated bidding situations (e.g., where all the bidders are not already bonded and where all performance bonds are nearly equal in price), the risk-for-cost tradeoff is more likely to occur in an indirect, rather than direct, manner. For example, the property owner may decide that a performance bond that is regularly needed in a particular type of work will not be required in a particular instance of the work being contracted. Contract Change ProvisionsMost contracts will specify a method by which the parties agree to make needed changes to the contract. Sometimes change clauses are as simple as a statement that the parties can change the contract by mutual agreement. At other times, it may be more efficient to allow one party to unilaterally make specific changes or a certain number of changes within a certain time frame. For example, in complex building projects, the project manager may be given authority to change certain material specifications as long as they are of equivalent or better quality. Contract Suspension Provisions. There may be times when the property owner would want to have a right to suspend the work that has been contracted. For example, if the property owner plans to pay for a project out of expected sales receipts, a situation may occur where the property owner fails to collect the expected level of sales receipts according to schedule. If this schedule is closely tied to the project itself and the property owner has not allocated any other resources to the project, it may be necessary to suspend the contract until the necessary funds are collected. Contract suspension, however, is usually not a cost-free activity unless this is clearly specified. Without provisions for the orderly suspension of work, the cost of suspension to the contractor (e.g., in terms of lost work, funds expended on subcontractors and materials, warehousing costs, etc.) can form the basis for a claim against the property owner. Contract suspension provisions typically include a limit on the amount of time in which the contract can be suspended, as well as specification of some compensation to the contractor for the suspension costs incurred. Contract Renewal Provisions. Contract renewal provisions are important in keeping the cost of property owner contracting down. Contract renewal provisions allow the property owner the option of renewing the contract at the current price without having to bear the cost of rebidding the contract. It is often the case, however, that because of inflation a contractor will not be interested in the renewal offer at the same price. If this is likely to be the case and the property owner wants to keep the renewal option alive, the contract will need to include a price adjustment or escalator that will allow the contract value to be maintained in the face of price or wage inflation. Speak to an experienced Heber City Utah real estate lawyer. The lawyer can prepare a customized construction contract for you. Heber City Utah Real Estate Lawyer Free ConsultationWhen you need legal help regarding real estate law in Utah, including purchase and sale agreements (REPC) or a commercial real estate deal, real property litigation, real estate partition actions, evictions for landlords, or other real estate cases, 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 via Michael Anderson https://www.ascentlawfirm.com/real-estate-lawyer-heber-city-utah/ The great majority of criminal indictments are state arraignments, for infringement of state law, in state court. In any case, simply are there are state laws against taking part in criminal conduct, there are additionally federal criminal laws, gone by Congress. From a certain perspective, federal criminal laws are attached to some federal or national issue, for example, interstate dealing in stash, federal expense extortion, mail misrepresentation, or violations perpetrated on federal property. Some criminal demonstrations are violations only under federal law. Be that as it may, numerous criminal demonstrations, for example, bank theft, are wrongdoings under both federal and state law and might be indicted in either federal or state court. Most wrongdoings that ring a bell – murder, theft, thievery, illegal conflagration, burglary, and assault – are infringement of state law; state lawmakers have utilized their general police capacity to control the lead and the state has locale (the ability to choose the case). There are less classes of federal violations in light of the fact that while state legislators can pass pretty much any law, as long as it is sacred, federal officials can pass laws only where there is some federal or national enthusiasm in question. For instance, duplicating is a federal offense since it is the federal government’s obligation to print cash. By and by, federal intrigue is in all respects extensively characterized. The federal government has locale over the accompanying violations: • Any wrongdoing that happens on federal land or includes federal officers, for example, a homicide in a national backwoods or on an Indian reservation, a burglary on an army installation, or an ambush against a Drug Enforcement Agency (DEA) specialist, • A wrongdoing where the litigant crosses state lines, for instance, an individual who takes a hijacking unfortunate casualty from Oregon to Nevada, • A wrongdoing where the criminal lead crosses state lines, for instance, an Internet misrepresentation plot the has unfortunate casualties and culprits in various states. Migration and traditions infringement, for example, bringing in youngster erotic entertainment or global human dealing. There are numerous distinctions in state and federal criminal arraignments. Federal judges are delegated for life by the president. Indeed, even state court makes a decision about who are selected by the representative must sit for re-appointment. Federal violations are arraigned by Assistant U.S. Lawyers and researched by federal officers, for example, FBI or DEA operators. State violations are explored by region sheriffs, state specialists, or neighborhood cops, and arraigned by state head prosecutors or city lawyers. When in doubt, in light of the fact that there are far less federal arraignments, cases in federal court can take more time to determine. In spite of the fact that it doesn’t occur frequently, there are no legitimate bars to arraignment in both state and federal court for a similar criminal act on the off chance that it disregards both state and federal law. Shouldn’t something be said about the Double Jeopardy Clause? While the sacred denial against twofold risk for the most part bars being attempted twice for a similar wrongdoing, there is an “independent sovereign” exemption. Since the state and federal governments are independent, the Double Jeopardy Clause does not make a difference. For instance, in 1992, a jury in California state court cleared four Los Angeles Police Department officers of beating Rodney King at a traffic stop. Late, federal examiners accused the officers of abusing King’s sacred rights and two officers were sentenced. In any case, as a down to earth matter, double indictments like this are uncommon, since assets at both the state and federal dimension are valuable. Like state violations, the punishments for federal wrongdoings change. There are warning federal condemning rules, and by far most of federal judges pursue the rules when condemning litigants. When in doubt, federal punishments are longer that state punishments for comparative wrongdoings. Specifically, federal medication violations convey cruel obligatory least sentences. Individuals indicted for federal wrongdoings and condemned to jail will go to federal jail, rather than state jail. At the point when accused of violating a federal law, there are a wide range of touch focuses in the legitimate procedure. As they can differ from venture to venture, there is no reserve for the direction of an accomplished federal criminal lawyer. The starting advance in the process is the grievance, trailed by the issuing of a capture warrant pursued by the real capture. The examiner will issue a protest, which incorporates the reasons, or claims, for a charge and likely reason for the legislature to capture the supposed guilty party. Following the worry, the guilty party will at that point show up under the watchful eye of a judge. At this progression, the judge will decide whether there is sufficient proof to arraign the person, to advise the supposed guilty party regarding his central rights, and to set bond. At this progression of the procedure, the individual charged will likewise need to hold a lawyer. A hearing to choose if the guilty party ought to be let out on bond is commonly held inside 72 hours of capture. Inside 10 days of the capture, a conference in a federal Court will happen for the investigator to show proof that the blamed carried out the wrongdoing. A federal defense criminal lawyer can likewise put on proof nullifying reasonable justification. The U.S. arraigning lawyer can record a prosecution rather than a grievance. In this circumstance, the arraigning lawyer at first displays the proof to the fabulous jury. The terrific jury at last chooses whether to arraign a federal criminal case. Next, the federal arraignment will happen, where: • The blamed formally hears the charges • The respondent learns of his rights • The blamed enters a request for either blameworthy or not liable • The preliminary date put on the court docket The case will at that point go to preliminary, except if a request understanding is come to. The U.S. examiner must demonstrate that the respondent is liable past a sensible uncertainty. The condemned will be rebuffed by the court whenever found blameworthy. Sentences can incorporate correctional facility time, probation, fines, or any mix. The last stage is an intrigue. The guilty party must record a Notice of Appeal inside ten days subsequent to being condemned. Be cautious when making request bargains – they may require the litigant to surrender his entitlement to claim. An accomplished federal defense lawyer is expected to help ensure rights are secured during the request deal. In the state of the Utah, following crimes are considered as federal crimes mentioned below: • Child pornography and other Internet crimes that cross state lines • Financial fraud in government procurement, such as bankruptcy fraud, tax fraud or Medicare/Medicaid fraud • Felony theft • Federal drug crimes • Federal weapons violations • Murder • RICO cases and racketeering • Explicitly based offenses including sex wrongdoings including minors • Intrigue cases • Malevolent Mischief • Wrongdoings including concoction weapons • Federal weapons charges • Medication wrongdoings • Wrongdoings identified with citizenship, migration and nationality • Traditions wrongdoings • Hindrance of equity or prevarication • Secret activities • False embodiment • Fear mongering offenses • Destruction • Wrongdoings including road groups • Human dealing and bondage cases • Mail misrepresentation, bank extortion, and different sorts of misrepresentation wrongdoings • Duplicating and falsification • Social equality claims • Bribery of government officials • Money laundering or counterfeiting • Crimes on federal land • SEC violations, insider trading and investor fraud On the off chance that you live in Utah and you are under scrutiny for a federal wrongdoing, you should be exceptionally cautious what you state and do. Indeed, you ought to be mindful about responding to any inquiries federal examiners may pose regardless of whether you are let you know are an observer and are not the subject of an examination. Federal specialists, including agents at the FBI, have broad assets and are well-prepared in making bodies of evidence against respondents. Federal examiners are likewise gifted in their occupations and realize the stuff to verify feelings against Utah occupants who they think of bad behavior. Shockingly, the stakes are extremely high when you are going toward these federal authorities in light of the fact that the punishments that you face whenever indicted could be broad. The seriousness of federal charges and the ability of federal examiners and agents all imply that you should locate your very own gifted, proficient backer who realizes how to safeguard you on the off chance that you become engaged with the federal criminal equity framework. You have to call Criminal Defense as quickly as time permits so our federal criminal resistance group can assist you with protecting your established rights and can work intimately with you to guarantee that you build up the privilege lawful guard system. We will dispatch our own examination, manage investigators on your sake, and do everything conceivable to guarantee that you rise sound from your association with the federal courts in the event that it is at all workable for you to maintain a strategic distance from a liable decision. As listed above—federal crimes— only a little example of the kinds of federal charges that our legitimate resistance group can assist you with fighting against. Keep in mind, is isn’t up to you whether you face federal or state charges. On the off chance that you carry out a wrongdoing that could be unlawful under Utah law and that is likewise illicit under the laws of the United States of America, you could wind up being indicted by the state or confronting progressively genuine federal charges. The specialists choose where you deal with indictments and you’ll basically need to shield the case in whatever court you’re being attempted in. City, county, and state governments have direct authority over most areas of the country. Unless an alleged criminal offense falls under the federal government’s subject matter jurisdiction, state or local laws apply in most criminal matters, ranging from minor traffic offenses to serious felonies. The federal Criminal Code includes provisions for many offenses normally handled at the state level. These include violent offenses like assault, kidnapping, and homicide, as well as non-violent financial crimes. These federal statutes apply to offenses that occur in areas owned or administered directly by the federal government, or under direct federal authority. A vast array of federal statutes are based on Congress’ authority under the Commerce Clause, including laws regarding drugs and firearms. Many federal criminal statutes expressly limit their application to acts that affect interstate commerce or that cross state lines. The mail and wire fraud statutes give the federal government jurisdiction over many offenses that might otherwise fall under state authority. Federal and state law may overlap in some criminal cases, particularly if the federal statute relies on Commerce Clause powers. This is known as “concurrent jurisdiction,” and it can have serious consequences for some defendants. The Fifth Amendment to the U.S. Constitution protects any person from being “subject for the same offence to be twice put in jeopardy of life or limb.” Known as “double jeopardy,” this means that if the government fails to convict a person of an offense, it cannot prosecute the person again for the same offense. Because of concurrent jurisdiction, state and federal statutes are considered different “offenses,” meaning that if a person is acquitted of a federal charge, state prosecutors could still bring charges. Federal Criminal Defense Lawyer Free ConsultationWhen you need legal defense help for a federal crime charge in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Can You Go To Jail For Not Paying Your Taxes? via Michael Anderson https://www.ascentlawfirm.com/federal-crimes/ It’s important to understand how people use credit recklessly and end up unable to repay their creditors. Credit is the use of someone else’s money to buy goods or services today with the promise to repay the money at a later date. The person or institution that extends the credit is called the “creditor,” while the person or institution that receives the credit is called the “debtor.” In most cases, the repayment of borrowed money involves the return of the original sum that was borrowed–the principal–plus interest. In some cases, particularly with credit cards and charge cards, interest payments can be eliminated by paying off the entire balance each month. The use of “credit” is often distinguished from “borrowing” money, despite the similarities between the two terms. Borrowing occurs when the debtor immediately receives a payment from the creditor to make the purchase. For example, to purchase a house a person may “borrow” $150,000 from a bank to complete the deal with the current owner of the house. This $150,000 sum is received by the borrower, and used immediately to pay for the house. Thus, money has changed hands–from creditor (the bank), to borrower (the buyer of the home), to seller (current owner of the home). Credit purchases, on the other hand, do not require money to change hands at the time of the transaction. For example, when a person uses a credit card to make a purchase he is merely promising to repay that sum of money to the issuer of the credit card at a later date. He did not need to apply for a loan with a bank, nor did he need a bank’s cash to complete the transaction. Reasons for Borrowing Money and Using CreditOne reason for borrowing money or using credit is that buyers can spread the payments for an expensive item over a longer period of time. In effect, the expensive good becomes more affordable in this manner. People who take out a 30-year mortgage, for example, make monthly payments on the principal and interest over a 30-year period to repay their debt to the lending bank. For smaller items, such as consumer durables, people might use credit or apply for installment loans to make the purchase. An installment loan is a type of borrowing where the buyer promises to repay the principal plus interest on a monthly schedule that could range from a few months to several years. Secondly, the good can be enjoyed immediately. Imagine if you had to wait to buy a house, or a car until you could pay the full price in cash! We could predict that fewer houses and cars would be sold–and that production in many key U.S. industries would slow to a crawl! Of course, consumers don’t purchase houses or cars every day. But consumers do make millions of purchases daily with credit cards and charge cards. Let’s examine the use of so-called plastic money by consumers in the economy today. Credit CardsCredit cards are plastic cards that permit a consumer to buy goods or services at a variety of businesses. Traditionally, they were used to buy goods in department stores, restaurants, and other businesses that specialized in consumer goods. During the 1990s the use of credit cards spread into many other types of transactions including pay-at-the-pump gas stations, supermarkets, and the U.S. Post Offices! The Federal Reserve reported that by the mid-1990s the head of family in two-thirds of all U.S. households had a credit card. Some of the major credit cards are MasterCard, Visa, American Express, and the Discover Card. Credit cards are usually issued by banks or other financial institutions.Comparison shopping for credit cards involves asking the right questions of the firm issuing the card. First, what interest rate will you pay on the unpaid balance? The issuing company insists on a monthly “minimum payment,” but does not require full payment because it can charge you interest on the unpaid balance. Most credit card holders in the United States carry an unpaid balance into the next month. Secondly, does the issuer charge an “annual fee”? This fee could be $25, $50, or more! But there are many credit cards that have no annual fee at all. Third, what types of “finance charges” might be applied to the monthly statement? Finance charges could take many forms, and might be added to a monthly bill simply to record an unpaid balance. Finally, is there is a fee for consistently paying the entire balance each month? Recall that interest and finance charges are linked to unpaid balances. Cardholders who regularly pay their entire balance each month do not pay these fees, hence receive the convenience of credit without paying for this service. Thus, from the card issuer’s perspective, charging a fee for the use of a credit card is fair. Charge Cards and Bankruptcy“Charge cards” and “charge accounts” are credit arrangements made between an individual and a specific store or other place of business. Purchases made with charge cards or accounts do not involve loans or cash transfers at the time of the purchase. Many retail businesses issue charge cards or have charge accounts for the convenience of their customers. The most common types of credit offered by these businesses are a regular charge account, a revolving charge account, and an installment charge account. The regular charge account allows the customer to charge purchases each month up to a certain dollar limit–called the “credit limit.” On regular charge accounts the customer is expected to pay the entire bill at the end of each month. An interest payment is added to the next billing if the customer fails to pay the entire bill. In contrast, the revolving charge account requires the customer to pay only a portion of the monthly bill, and then pay interest on the unpaid balance. This type of account also carries a credit limit. Stores issue a plastic card, similar in appearance to a credit card, to customers who have regular or revolving charge accounts. The installment charge account permits the customer to buy expensive items, and to repay the principal– and interest–in a series of monthly installments. Using Credit Responsibly To Avoid BankruptcyThe use of credit has made many types of transactions more convenient. But with credit use comes certain consumer responsibilities. How do the issuers of credit determine whether a person can handle this financial responsibility? And what happens when people cannot pay their bills? Bankruptcy and CreditworthinessCreditworthiness is a term used to evaluate whether a person should be granted credit. Major firms that issue credit cards or charge cards often look to “credit bureaus”–businesses designed to collect financial data on people–to help businesses decide whether a person is worthy of receiving the firm’s “plastic.” So how do credit bureaus decide? Typically, credit bureaus use four criteria to evaluate the creditworthiness of people who apply for credit cards or charge cards. One criterion is the applicant’s income. Naturally, having a steady income is a plus, while having no income is a minus. A second criterion is the applicant’s wealth. Wealth refers to the applicant’s personal assets. Does the applicant own a house, a car, or other valuable assets? The greater the wealth, the greater the chance the card issuer will be repaid in case the card holder tries to default on his debt. A third criterion is the applicant’s past use of credit, or credit history. Has the applicant ever declared bankruptcy? Bankruptcies remain on a person’s credit record for seven to ten years. Having declared bankruptcy in the past is a major minus for the applicant. Finally, credit bureaus attempt to assess the applicant’s character. What kind of education or training does he have? Has he lived in the same location for a period of time? Has his employment been steady? After considering the applicant’s record on each criterion, the credit bureau sends a “credit report” to the firm that requested the credit check. In this report, a recommendation about the creditworthiness is made. Credit Abuse and BankruptcyCredit abuse occurs when people use credit to live beyond their means, and then discover that they cannot pay their bills. How can people dig their way out of debt? One possible answer is through debt consolidation. To consolidate their debts, debtors sometimes contact a finance company. This finance company then pays off the accumulated bills of the debtor, and replaces them with a single monthly bill. Hence, many bills have been consolidated into a single bill. While the debtor still must pay the bill, plus interest, the repayment schedule is adjusted so that the debtor can make smaller monthly payments over a longer period of time. Another possible solution is to seek help from your state’s Consumer Credit Counseling Service. While these counseling services vary from state to state, most will help you “reschedule” debts. That is, the service will contact your creditors to reduce your monthly payments by spreading them over a longer repayment period. Credit counselors might also suggest that you increase your income by working longer hours or by taking a second job. And there is just one additional requirement–many ask you to destroy all of your credit cards and charge cards! Chapters in BankruptcyBankruptcy is a legal recognition that an individual or a business cannot pay its debts. There are many sections, or “Chapters,” of the bankruptcy code. These different Chapters try to deal with the different situations debtors find themselves in. The most commonly used Chapters of the bankruptcy code are Chapters 7, 11, and 13. Debtors, assisted by an experienced Ogden Utah bankruptcy lawyer must decide which Chapter best addresses their situation. Thousands of Utah residents file for bankruptcy each year. Bankruptcy is intended to give debtors a new financial start in life.Chapter 7 BankruptcyChapter 7 bankruptcies apply to individuals. Under Chapter 7, all of the individual’s assets are “liquidated”–sold off–by the courts to pay creditors. To determine what assets the debtor owns, a complete list must be supplied to the federal bankruptcy court. In addition, a full accounting of all liabilities must be presented to the court. Once the assets have been liquidated, creditors start getting paid. First in line is the government! Payment of taxes gets the highest priority. Some financial obligations must be paid even after a Chapter 7 bankruptcy is finalized, including alimony and student loans. Chapter 11 BankruptcyChapter 11 bankruptcies apply to businesses. By filing under Chapter 11, a business is allowed time to reorganize the firm, and is shielded from persistent creditors. The hope is that through reorganization, the firm can return to profitability and thereby repay some of its debts. While the firm continues with its day-to-day operations, the bankruptcy court reviews the firm’s financial condition, and hears from the firm’s creditors–who may ask the court to investigate the firm for mismanagement or other wrongdoing. The Chapter 11 court proceedings may take years to complete and, even if the firm’s reorganization efforts are successful, there is a distinct possibility that the firm will pay its creditors only a fraction of what is owed to them. Chapter 13 BankruptcyChapter 13 bankruptcies apply to individuals who are not in the hopeless financial situation that individuals filing under Chapter 7 find themselves in. Under Chapter 13, debtors turn their finances over to the bankruptcy court. After examining the financial documents, the court decides how to deal with the situation. Often, the debtor’s debts are rescheduled so that a portion of the debt can be repaid over time. In addition, a bankruptcy trustee may be appointed to oversee the case for the next few years. It is also common for the debtor’s wages to be tapped by the court to help repay creditors. The benefit to the debtor is that most of his assets are protected under Chapter 13. If you are considering bankruptcy to pay off your debts, speak to an experienced Ogden Utah bankruptcy lawyer. The lawyer will advise you on the best chapter. Ogden Utah Bankruptcy Lawyer Free ConsultationWhether you need to file for chapter 7, chapter 13, chapter 11 or chapter 12 bankruptcy in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.
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