Utah Criminal Code 76-5-106: Harassment1. A person is guilty of harassment if, with intent to frighten or harass another, he communicates a written or recorded threat to commit any violent felony. “Harassment” refers to a broad number of behaviors that are subject to both criminal punishment and civil liability. On the criminal side, states have a wide variety of criminal laws forbidding harassment in many forms, including general harassment crimes as well as specific forms of harassment, such as stalking and cyberstalking. Criminal harassment should not be confused with how “harassment” is often used in contexts such as workplace discrimination lawsuits. Federal and state laws ban discrimination against certain types of people in certain situations, such as at work or in housing decisions. In these non-criminal contexts, the victim can sue the harasser in a private civil lawsuit, alleging that the harassment constitutes discrimination. On the other hand, criminal harassment is usually confined to state law. States vary in how they define criminal harassment. Generally, criminal harassment entails intentionally targeting someone else with behavior that is meant to alarm, annoy, torment or terrorize them. Not all petty annoyances constitute harassment. Instead, most state laws require that the behavior cause a credible threat to the person’s safety or their family’s safety. Though state harassment laws vary, they often take different levels and methods of harassment into account. Separate penal statutes or a general harassment statute may list various ways to communicate harassment, including telephone calls, emails, and other forms of communication. Whether there was any legitimate reason for the communication becomes a factor under many states’ harassment laws. Harassment charges can range from misdemeanor to high level felony charges. In many states, people charged with harassment will receive a higher level charge if they have previously been convicted of harassment, of communicating a threat, or of a Domestic Violence offense. Harassment by someone in violation of a restraining order may also draw a higher level charge. Some states elevate the charge if the harassment targeted someone based on race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation. Stalking and MenacingIn some states, “stalking” is specified as a separate offense from harassment. Other states include both harassment and stalking under a single general statute. Stalking generally refers to a clear pattern of conduct through which the perpetrator causes the victim reasonable fear for their safety or their family’s safety. Interstate stalking is a federal crime Some states punish stalking as a form of “menacing.” Menacing can often include ongoing actions, such as stalking someone, which cause reasonable fear in the victim. Menacing also often includes single acts which are purposefully intended to create a reasonable fear in someone, such as brandishing a weapon. CyberstalkingSome states have enacted specific laws against stalking someone online. “Cyberstalking” generally refers to stalking someone through the internet, email, text messages, or other means of electronic communication. Many states have revised their harassment and/or stalking laws to explicitly include harassing electronic communications. Some states also punish actions akin to cyberstalking under laws aimed at improper uses of computers or electronic communications networks. Federal law makes it a crime to “transmit in interstate commerce” (which includes the internet) a communication containing a threat to kidnap or physically harm someone. Harassment and Restraining OrdersWhile prosecutors can charge someone with criminal harassment, victims of abuse or harassment may also petition the court for an order of protection or restraining order to prohibit someone from engaging in harassing behaviors. Orders against harassment and restraining orders frequently come into play in situations involving domestic violence. Such orders come from civil courts, but violation of these court orders may constitute a separate criminal offense and/or contempt of the civil court. Violating a protective order may also increase the severity of harassment, stalking or menacing charge. How Harassment WorksHarassment in the workplace may occur in a variety of circumstances. In a given situation, a harasser may be a victim’s coworker or supervisor, or they may not work directly with the victim at all, such as a client, customer, or vendor. Harassment doesn’t only affect the victim or intended target. The negative work environment that develops as a result might make other employees victims of the harassment as well. Demeaning another individual regarding a protected classification is discriminatory and therefore illegal. Employers avoid harassment charges when they create expectations in their workplaces that all employees will treat each other with respect, collegiality, fairness, honesty, and integrity. Employers should develop policies that clearly define inappropriate actions, behavior, and communication. The workforce should be trained about the issue and educated about the expectations. Furthermore, the harassment policy must be consistently enforced and complaints treated seriously. A clear harassment policy gives employees the appropriate steps to take when they believe they are experiencing harassment. Companies must be able to prove that an appropriate investigation occurred and that perpetrators found guilty were suitably disciplined. If you are experiencing harassment in the workplace, you can begin by telling the person harassing you to stop (if you feel comfortable doing so). If they continue their behavior, your next course of action is to consult the anti-harassment policy of your employer, if there is one, and follow the steps outlined in it. If there is no policy, talk with a supervisor and ask for their help. You may fear retaliation, but the law is on your side: It’s illegal to retaliate against an employee for reporting harassment. If you wish, you can file a discrimination charge with the EEOC. You must file a charge before you can file a lawsuit for unlawful discrimination. Generally, you have 180 days to file a charge. Types of Harassment in the WorkplaceWorkplace harassment is a form of discrimination that violates Title VII of the Civil Rights Act of 1964 and other federal regulations, including the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act of 1990 Harassment becomes unlawful when: Components of Workplace HarassmentHarassing conduct may include offensive jokes, slurs, name-calling, physical assaults or threats, intimidation, ridicule, insults, offensive pictures, and more. Workplace harassment isn’t limited to sexual harassment and doesn’t preclude harassment between two people of the same gender. The harasser can be your boss, a supervisor in another department, a co-worker, or even a nonemployee. In addition to harassment occurring in the workplace, harassment can also take place during a job interview. During an interview, employers should not ask about your race, gender, religion, marital status, age, disabilities, ethnic background, country of origin, or sexual preferences. These are discriminatory questions because they are not relevant to your abilities, skills, and qualifications to do the job. When someone is being abused or harassed, he or she needs to decide on the best way to get legal protection from the abuse or harassment. To do that, several things need to be looked at, like: what type of relationship there is between the person being abused or harassed and the person doing the abuse/harassment; the age of the person being abused or harassed; and the type of abuse or harassment. Then, the law says what type of protection someone can ask for and what he or she has to prove to get it. Elder or Dependent Adult AbuseAbuse of an elder or a dependent adult is abuse of: Civil HarassmentIn general, civil harassment is abuse, threats of abuse, stalking, sexual assault, or serious harassment by someone you have not dated and do not have a close family relationship with, like a neighbor, a roommate, or a friend (that you have never dated). It is also civil harassment if the abuse is from a family member that is not included in the list under domestic violence. So, for example, if the abuse is from an uncle or aunt, a niece or nephew, or a cousin, it is considered civil harassment and not domestic violence. The civil harassment laws say “harassment” is: Workplace ViolenceFor a workplace violence situation, the harassment is defined in the same way as for civil harassment. The difference is that the harassment happens primarily at work and it is the employer of the harassed employee who asks for protection for the employee (and, if necessary, for the employee’s family). For an employer to get a workplace violence restraining order on behalf of an employee, there needs to be reasonable proof that: Utah Criminal Defense AttorneyWhen you need to defend against criminal harassment charges in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you!
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To get divorced in Utah, you or your spouse must reside in a single county in Utah for at least three months immediately before filing the divorce petition. If custody of a minor child is an issue, usually the child must reside with at least one of the parents in Utah for at least six months, but there are exceptions. Divorce can be devastating; however, uncontested divorces are often less devastating to your finances and sanity than contested ones. Instead, Utah’s uncontested divorce process allows spouses to reach an agreement on their own and avoid the stress and anxiety associated with attending a trial before a judge. The uncontested process can be relatively quick, and certainly less expensive than taking a divorce to trial. Uncontested Divorces in Salt Lake, UtahUncontested divorces are an option available to divorcing Salt Lake couples with or without children. These types of divorces are generally less expensive and faster than traditional divorces because you avoid the expense of attorneys, custody evaluations and hiring experts for trial. If you and your spouse are able to agree on all issues regarding your divorce, including child custody, visitation and support, then an uncontested divorce is a real option. However, if you and your spouse cannot reach an agreement on any issue in your divorce, then your divorce becomes contested and you will be required to attend a trial where a judge will decide the remaining issues in your divorce case. The following is a list of some of the major issues that must be resolved between you and your spouse before filing an uncontested divorce action in Salt Lake: If you meet all of the above criteria, you may proceed with your uncontested divorce by filing the required forms. If you plan to file for divorce without the help of an attorney, you will be responsible for filing the right documents with the right court. Utah’s district courts oversee divorce cases and trials. Utah has approximately 70 judges serving in the state’s eight judicial districts. Where you live will determine where you file for divorce because generally, you will file your divorce paperwork in the county in which you live. If you and your spouse have separated but still reside in Utah, either the county in which you lived, or where your spouse has lived for the last three months is proper to file your paperwork. You should probably still get a lawyer if you are filing for an uncontested divorce in Salt Lake City Utah. The following documents must be filed with your divorce paperwork: • Civil Coversheet Completing Your DivorceUtah has a mandatory 90-day waiting period to complete a divorce. Under extraordinary circumstances, the 30-day waiting period may be waived. However, before a divorce will be granted to parents of minor children, both spouses must complete the Divorce Education Course. Utah does not require that you attend a court hearing before a judge will finalize your uncontested divorce. Instead, if all your paperwork is filed correctly and the judge finds that your agreement is reasonable and/or in the best interests of your children, then the judge will sign the Findings and Decree of Divorce. Note that the date the judge signs your Decree, is when your divorce becomes final. Mediation in Salt Lake City UtahAdditionally, many people go through the mediation process when seeking an uncontested divorce. It is important to talk with an attorney even if you intend to mediate. Mediators do not represent individual parties and are not able to give legal advice to individual parties. You may be waiving rights without knowing it if you mediate without consulting an attorney. Whether in mediation or in informal negotiations, attorneys can guide you through the divorce process. Residency and Where to FileIn order to file for divorce in Salt Lake Utah, the party filing for divorce must be a resident of Utah and the county for at least 3 months. The case must be filed in the District Court in the county where the residency requirement is met. Divorce Procedures in Salt Lake City UtahThe simplest procedure is an uncontested divorce where you and your spouse reach an agreement about the division of your property, and, if you have any children, what arrangements will be made for them. You begin the divorce procedure by filing a Complaint for Divorce, along with various supporting documents. For an uncontested divorce, one of these documents will be a marital settlement agreement outlining the division of assets, and your agreement regarding any children. These documents are filed with the court, and copies of them are provided to your spouse. You will attend a court hearing, at which time the judge will make sure that all of your paperwork is in order, perhaps ask you a few questions, and enter your Decree of Divorce. Things To Know About DivorceUtah offers this process where each party hires a lawyer to assist them in trying to reach an agreement on all issues. There may also be a facilitator involved, to help focus the discussion. It is similar to mediation. Both parties must agree to this process, and either may stop it at any time. Any agreement will be signed by the parties and submitted to the court to be incorporated into a judgment or decree. Grounds for divorce are legally recognized reasons to get a divorce. This is the justification for severing the marital relationship. Utah, like most states, has what are commonly called no-fault grounds for divorce, and several traditional fault-based grounds. To get a no-fault divorce in Salt Lake, you need to state in the Complaint for Divorce that “there are irreconcilable differences in the marriage,” or the parties have been living separate and apart without cohabitation for 3 years under a judicial decree of separation.” The fault-based grounds for divorce are: impotence, adultery, willful desertion for more than 1 year, willfully neglecting to provide the plaintiff with the common necessities of life, habitual drunkenness, conviction of a felony, cruel treatment to the extent of “bodily injury or great mental distress,” and incurable insanity. However, in most cases, there is no reason to use any of these, since they add complexity to the process by requiring proof. A divorce involves dividing property and debts between you and your spouse. Utah divorce law provides that all property is marital property, regardless of how or when it was acquired. Absent an agreement of the parties, the judge is directed to divide the property “equitably.” Alimony in Salt Lake, UtahAbsent an agreement of the parties regarding alimony, the court is directed by Utah alimony law to consider the following factors in determining alimony: Child Custody in Salt Lake, UtahIf you and your spouse have any minor children, there will have to be a custody determination, which basically comes down to figuring out how the children’s time will be divided between the parents, and how decisions will be made. If you and your spouse can reach an agreement on custody, it will be accepted by the judge unless it is determined not to be in the child’s best interest. If you cannot reach a custody agreement, the judge will decide the issue, after considering all relevant factors, including: There is a presumption in favor of joint custody, unless it is shown not to be in the child’s best interest, or there is such physical distance between the parties so as to make joint decision-making impractical. In evaluating whether to award joint custody, the court is to consider. Divorce Is Complex, Even If It Is UncontestedDivorce is a complex process. People need to understand that no two divorces are the same, and even though the same rules and regulations apply to everyone, the length of a divorce process is never the same in two cases. Salt Lake City Utah Divorce LawyerWhen you need to get divorced in Salt Lake, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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When You Have Full Custody, What Does Dad Pay For? Real Estate Lawyer West Jordan Utah What Constitutes A Legal Will In Utah? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/divorce-salt-lake/ There are several types of computer crimes, but some of the most high-profile examples involve hacking. With data breaches increasingly becoming daily occurrences, hackers have affected everything from the economical (including numerous retail businesses) to the political by invading every aspect of our lives. However, hacking doesn’t always rise to the level of a crime. Because of the varying degrees of hacking and its increasing prevalence in our society, it’s important to understand where the lines are drawn. Hacking is broadly defined as the act of breaking into a computer system. Hacking isn’t always a crime as “ethical hacking” occurs when a hacker is legally permitted to exploit security networks. In other words, it’s when a hacker has the appropriate consent or authorization. However, hacking crosses the criminal line when a hacker accesses someone’s computer system without such consent or authority. For instance, if an individual acts without consent or any lawful authorization (i.e. from law enforcement agency and/or a court order) and penetrates a business’ firewall to access private servers and cloud storage systems or uses phishing to install malware to desktop and laptop computers with the intent to monitor communications and activities, they can be charged with a crime. Federal Hacking LawsThere are several federal laws that address hacking, including: Computer Fraud and Abuse ActThe Computer Fraud and Abuse Act (CFAA) is the leading federal anti-hacking legislation that prohibits unauthorized access to another’s computer system. Although the law was originally meant to protect the computer systems of U.S. government entities and financial institutions, the scope of the Act expanded with amendments to include practically any computer in the country (including devices such as servers, desktops, laptops, cellphones, and tablets). Criminal Penalties Under the CFAA• Obtaining National Security Information : 10 years; 20 years maximum for a second conviction. Civil Violations Under the CFAAAlthough the CFAA’s penalties are mostly for criminal violations, the 1994 amendment expanded the Act to include causes of action for civil suits, in addition to criminal prosecution. Other Federal Hacking LawsThe Stored Communications Act mirrors the prohibitions of the CFAA and protects stored electronic communications and data or data at rest (including email, texts, instant messages, social media accounts, cloud computing and storage, and blogs/microblogs). There is a lot of overlap with the CFAA and often hackers will be in violation of both statutes. The EPCA, a counterpart law to the SCA forbids intentional interception of electronic communications in transit or “data in motion,” rather than “data at rest.” Hacking Laws: State LawsAlthough much of the focus is on federal laws, states have enacted hacking laws as well. While every state has computer crime laws, some states address hacking more specifically with laws that prohibit unauthorized access, computer trespass, and the use of viruses and malware. Hacking Laws and Punishments with an AttorneyLaws at both the federal and state level provide both protections and limitations concerning hacking. If you’re charged with a hacking offense and are concerned about how hacking laws and punishments apply to your situation, you should turn to an attorney who understands the complexity of the law. Contact a skilled criminal defense attorney near you today for help with this serious matter. What are some Examples of Cyber Crime?Cyber crimes can be criminal transactions as well as intrusions or breaches of privacy. Cyber crimes can also disrupt normal access to the internet. Some examples of cyber crimes include: • Identity theft: This can occur when someone steals another’s personal information typically for their own financial gain. Identity theft is often achieved through a phishing scheme to illegally get access to unsuspecting victims’ bank accounts or credit cards; How can I Protect Myself from Cyber Crime/Site Hack?While there is no full-proof protection against cyber crimes/site Hack, there are many steps individuals, businesses, organizations and governments can take to help avoid becoming a target of such criminal activity. Cyber Crime/Site hack PunishmentsState laws vary on the punishments imposed against cyber criminals or site hackers. Depending on the particulars of the crime and the state involved, the weight of the offense can shift from a misdemeanor to a felony. Monetary fines, jail time and probation are all possibilities if convicted of a cyber crime. Often times, with cyber crimes, the Federal Bureau of Investigation (FBI) is also involved in the investigation and prosecution. Typically, this is because in dealing with internet crimes, while state lines may not be physically crossed more than one state is involved and thus makes it a federal matter. Also, the FBI is the lead investigating group against terrorism. So, if the cyber attack deals with terrorism, the FBI is involved with the case. Federal penalties can often be more severe than state penalties. Possible criminal defenses to cyber crime include: Should I Speak with a Cyber Crime Lawyer/Site Hack Lawyer?Yes. You should. Whether you are a victim of a cyber crime or you have been accused of a cyber crime or site Hack, it is imperative to speak to a Lawyer that has the knowledge and experience to assist you. Cyber crimes are vast, complex and ever-evolving. These crimes may involve both state and federal rules, regulations, laws and punishments. What Are Things That A Hacker Can Do To Me?While your computer is connected to the Internet, the malware a hacker has installed on your PC quietly transmits your personal and financial information without your knowledge or consent. Or, a computer predator may pounce on the private information you unwittingly revealed. In either case, they will be able to: Some of the ways an attorney may be able to help you includes: What is a Identity Fraud Reimbursement ProgramAn Identity Fraud Reimbursement Program is a financial product that provides protections for consumers against fees, expenses and financial penalties in the event of identity theft. An Identity Fraud Reimbursement Program provides consumers with a variety of protections in the event of identity theft. Sometimes referred to as identity theft insurance, these policies are offered both as stand-alone policies and as add-ons to other types of insurance policies such as homeowners insurance and car insurance. Some homeowners policies, for example, automatically offer some basic protections against theft of cash or credit cards, and offer an additional rider for increased identity theft protection for an extra fee. Identity fraud reimbursements can cover a variety of direct and indirect costs. Direct costs include reimbursement and restoration of stolen funds. Indirect costs include legal fees, lost wages, notary fees, postage and other expenses accrued in the wake of an incident of identity theft. In addition to reimbursement protections, identity theft protection programs also often provide information and services geared toward preventing identity theft and restoring compromised credit scores. The Impact of Identity Theft and Identity Fraud Reimbursement Programs Site Hack AttorneyWhen you need a site hack attorney, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
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How To Create A Friendly Workplace Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/site-hack-lawyers/ Layton, Davis County’s largest city, is located eleven miles south of Ogden and twenty-three miles north of Salt Lake City. It is bordered by the Wasatch Mountains on the east and the Great Salt Lake to the west in an area noted for occasionally strong east winds. Mormon pioneers first settled the Kaysville-Layton area. Edward Phillips, John H. Green, and William Kay came with their families in the spring of 1850 and were followed by other families the same year. It is easily seen on a contemporary map that Layton, an outgrowth of Kaysville, was not a planned settlement as were many Mormon communities. An 1854 survey outlined Kaysville’s town plat where the business center was located. By 1882 two businesses, the Farmers Union and Barton and Sons, were operative several miles to the north in the area first called Kays Creek. By 1886 that area was known as Layton, named after Christopher Layton, a prominent early settler of the area, and a separate precinct and post office were established there. Layton’s citizens’ ongoing discontent over being taxed by Kaysville without receiving any benefits came to a head in 1889 when Kaysville began construction of an imposing city hall. Led by Ephraim P. Ellison, Layton began an extended legal battle to break away from Kaysville which led several times to the Utah Supreme Court and eventually to the United States Supreme Court. Suits and countersuits were finally resolved in 1902, and Layton became an unincorporated area. A growing business district in Layton at the time included two general stores, a meat market, saloon, coal dealer, blacksmith shop, barber shop, hotel, and the Layton Milling and Elevator Company, which in 1903 shipped more flour than did any other Utah mill. The First National Bank of Layton, the oldest local business still in operation, was established in 1905. With a population of 500, Layton was incorporated as a third-class town in 1920. Growth remained stagnant until World War II. However, the expansion from 646 in 1940 to 3,456 ten years later enabled Layton to become a third-class city in 1950. By 1985, with an estimated 36,000 citizens, Layton surpassed Bountiful as Davis County’s largest city. The city’s population in 1990 was 41,784. Layton’s area also expanded from its original 1.7 square miles in 1920. Its largest annexations were Laytona in 1957 with 3.5 square miles and East Layton with two square miles in 1981. The city today embraces 18.48 square miles. Agriculture, the basis of Layton’s early economy, produced two firsts in Utah Territory–the first reservoir built by Elias Adams in 1852 and the first alfalfa raised by Christopher Layton. Grazing utilized much of the marginal land, and early dry farming was also successful. Kays Creek provided water, and a succession of canal companies improved the scant supply. Construction of the East Canyon Dam and Reservoir finally assured a dependable water supply, enabling Layton farmers to become commercially successful with such cash crops as alfalfa, grain, onions, and potatoes. Peas and tomatoes were processed at local canneries, including the Layton Canning Company. Sugar beet production increased upon completion of the Layton Sugar Factory in 1915. Dairy products were marketed and east bench orchards produced abundant fruit crops. After World War II, field corn and turkey production were also successful; however, with increasing suburban sprawl, little agriculture remains today. With the population increase, several wartime government housing projects were built in Layton. One of these, Verdeland Park, was dismantled during the 1950s and eventually became a spacious public complex which includes Layton High School, the Layton branch of the Davis County Library, the Heritage Museum, new city offices, and an attractive city park, including a wave pool. As is the case with many cities, Layton no longer has a single downtown business district. Small stores and shopping centers dot the city, with the Layton Hills Mall being the largest. Smith’s Food and Drug Center, Inc., with regional offices, dough and dairy plants, and automated distribution warehouse, is the largest employer in Layton City. While Mormons are still most numerous, greater religious diversity is now found in Layton. Early settlers were members of the original Kaysville Ward until 1889 and 1895 when separate wards were organized to the north. There are seven Latter-day Saint stakes in the Layton area today. St. Jude’s Episcopal church and school was established in Layton in 1885; however, the school was discontinued in 1896 and the church in 1916. In 1948 the St. Rose of Lima Catholic church was dedicated and is firmly established in the community. A number of other denominations including four branches of the Baptist Church, the First Assembly of God, Buddhists, Lutherans, the Church of the Nazarene, and an interdenominational community church are also represented in Layton. What Are My Rights If I Get Separated Or Divorced?When you separate or divorce from your spouse, you may have a right to economic support or property. Your rights depend on different things, such as whether you were legally married or in a common-law relationship, and if you have children. In some cases, the law requires a person to pay spousal support to their former spouse. This can apply if you were legally married, in a common-law relationship with children or in a common-law relationship for at least 3 years without children. You are entitled to child support if your children live with you. The person who pays is called the “payor.” If you were married, you or your spouse may have to make an equalization payment to the other. This calculation can be difficult to do on your own and there are different rules and exceptions. If you were common-law married, you do not automatically have this right. Generally, each spouse gets to keep whatever assets are in their own name but there are exceptions. For married and common-law couples any written separation agreement that you and your spouse signed in front of a witness may affect your support and property rights. It is important to get legal advice and properly understand any agreement before signing. How to Split Home Value in a DivorceWhen a couple gets divorced, they have three basic options for what to do with the home they own. No matter which option they choose, the first step is determining the value of the house. The most reliable way is to get an appraisal or better yet, two. Even in an amicable divorce, it’s wise for each spouse to order an appraisal. Getting two appraisals protects both sides, as it’s unlikely that two appraisals would be inaccurate in the same way. After the divorcing couples agrees on the value of the home, they subtract what they owe on it. The result is their equity. How is home equity divided in a divorce?There are three main ways to handle the home: Option 1: Sell the house and split the proceedsThe cleanest way to divide the home’s equity is to sell the house. Once the couple retires the mortgage debt, pay taxes and the sale-related expenses, they split the remaining money. By selling the house, the two exes can more easily untangle from each other’s lives. Option 2: One ex keeps the houseThe best way for one spouse to become the sole owner is to refinance the mortgage. Refinancing serves three purposes: Option 3: Both keep the houseSometimes the time isn’t right for selling the home. Maybe the soon-to-split couples owe more than the house is worth. Or they can’t afford separate homes, so they continue sharing the house. Or one spouse moves out, but pays the mortgage while the kids are in school. Most commonly, children are the reason that couples keep joint ownership. Eventually, the couple usually sells the house, or one ex buys out the other’s equity. How to Find a Home Appraiser During DivorceDividing marital assets is one of the top priorities in divorce. Whether you decide to sell the marital home, or refinance and split the equity, you’ll first need to establish a fair property value. In order to do this, you’ll need to engage the services of a licensed real estate appraiser. An appraiser is professionally trained and experienced in determining a home’s fair market value. It’s impossible to negotiate a deal with a buyer or an ex-spouse unless you have accurate numbers to work with on the front end. Most appraisers use a Uniform Residential Appraisal Report to record data. Are there real estate appraisers that specialize in divorce?In an age dominated by niches, it should come as no surprise that there are appraisers who specialize in divorce situations. While all appraisers will be empathetic in a home sale situation, an appraiser specializing in divorces will often be familiar with the heightened emotional issues that accompany a home sale process. The divorce appraisal may also be different because there may be a retrospective element involved when determining value. In other words, the valuation may be based on a date in the past such as filing date or date of separation. Although it doesn’t happen often, divorce appraisers may be asked to testify in court as part of the divorce proceeding. That is why it’s critical for the appraiser to be a neutral third party who has been approved by both sides. An appraisal can take on extra added legal importance, making it critical that it can be legally defended in a court of law. Where to find real estate appraisers that specialize in divorce?A good place to start is by asking your attorney for a referral. Chances are, they have already prescreened and used several different appraisers who can be trusted as neutral and honest in the efforts. You can also ask friends and family members for a referral as well. Unfortunately, divorce is common and there’s a chance somebody you know has already gone through what you’re currently facing. Do not just accept the first appraiser you come in contact with. Like any other important decision, you need to do your due diligence. Your appraiser must have strong attention to detail and he or she should be local so that they fully understand your neighborhood and market. Be sure to hire an appraiser who is licensed. Rules vary from state to state, but using Utah as an example, appraisers must: How To Prepare For A Divorce Home Appraisal?If a home is being sold outright, then it’s in both parties’ best interests to make sure the home is appraised for the highest value possible. But, if one spouse wants to buy the other spouse out, then they’ll be hoping for the lowest fair market value. As you can see, things have the potential to get dicey with so much on the line. Let’s assume you’re working toward a mutual goal of selling the home outright. In this case, you might also consider a home inspection to identify repairs, unseen major issues, and concerns that a buyer’s home inspector would turn up. By identifying these issues proactively, you can decide if you want to invest in having repairs made, or simply flagging them as something that can be used to negotiate a lower price by whoever buys the home. Make notes for things that you want to point out to your appraiser, such as upgraded insulation, double-pane windows, upgraded appliances and fixtures, and so forth. Appraisers are pretty good at spotting these things, but it never hurts to help your cause. If you’re already working with a realtor, they will also have a wealth of ideas on how to improve your home’s value as well. Who pays for a home appraisal in divorce?It’s negotiable. In many cases, couples split the cost which can run $250 to $500 depending on the size and complexity of the appraisal. However, if you’re buying out your spouse and intending to keep the home, it’s customary for the buyer to pay for the appraisal. When trust no longer exists, it’s easy to understand why spouses may not agree on which appraiser to use. That’s heightened in cases where one spouse pushes hard to use somebody they already know. It’s okay to be suspicious and cautious when the stakes are this high. In situations like this, it’s common for both parties to hire their own separate appraisers. If the appraisers come up with different values, then a couple may choose to split the difference if they’re being reasonable. It’s quite common for both appraisers to be in the same general value vicinity as each other since they are trained to look for the same things. However, when appraised values vary widely, a judge may need to step in and reconcile the value to be used, settling on a compromised number. Layton Utah Divorce LawyerWhen you need a lawyer to get divorced, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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How To Create A Friendly Workplace What Happens If You Die Without A Will? Why Would You Want A Legal Separation? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/layton-utah-divorce-attorney/ Utah Criminal Code 76-5-105: Mayhem1. Every person who unlawfully and intentionally deprives a human being of a member of his body, or disables or renders it useless, or who cuts out or disables the tongue, puts out an eye, or slits the nose, ear, or lip, is guilty of mayhem. Terms Used In Utah Code 76-5-105• Felony: A crime carrying a penalty of more than a year in prison. • A man pulls a knife on a woman who has just taken money out of an ATM, intending to commit robbery. When she struggles with him, he cuts her with the knife and ends up slitting her ear. Mayhem PenaltiesMayhem is a felony in Utah law. A conviction under Utah law can lead to two (2), four (4) or eight (8) years in Utah state prison, and a fine of up to ten thousand dollars ($10,000). Aggravated mayhem, on the other hand, can lead to a sentence of life in state prison with the possibility of parole.4 Mayhem Legal defensesBut there is hope and a good criminal defense attorney can help you find the most promising legal defenses against mayhem charges. Depending on the circumstances, these might include: Maiming the VictimOne act of mayhem is the act of maiming the other person. There is intent to harming the person and ensuring he or she is not whole after the crime ends. This act can involve dismemberment through maiming and severing body parts. However, even assault is one aspect of mayhem that can leave the victim without the possibility of recovery. The intent is important along with the ability to instill fear. The person committing mayhem may even Examples of MayhemThe more common examples that the police use as mayhem include the loss of an eye, ear or even the nose. However, the loss of a limb such as an arm or leg is also common. The loss of the use of a limb is less common and more difficult to understand if the person still has the limb attached. This can involve the internal processes where something happened on the inside of the body for the person to lose access to the limb such as damaging the cornea of the eye or bursting blood vessels. These complications may require the help of a doctor to describe and detail to the court. Comparable Crimes To MayhemAssault and battery often take the place of mayhem but are more aggravated charges in certain states. The illegal force that is more brutal and can lead to disfigurement, disability and extensive scarring is usually an act of mayhem. Other states will lump this crime together with malicious acts with the intent to cause severe harm to the person. This is more difficult to prove because the intent is not always apparent. The prosecution may rely on the injuries and any witnesses or video surveillance that are available. The state may compare the injuries to other crimes to determine if the act was mayhem. Additional Criminal ChargesMayhem is a criminal act that can occur in conjunction with other illegal activity. The person could abduct the victim, inflict emotional and psychological fear and intimidation long before any injury occurs and even performs different crimes in front of the victim to instill additional distress and trauma. The long-lasting injuries are often felt inside rather than through disfigurement or the loss of a limb. With the testimony of the victim in the courtroom, it is possible to hold additional charge for other crimes true in the legal proceedings. This could increase penalties or compound the sentences and leave the person with a conviction in prison for years or decades. Restitution for MayhemSome judges will incur the penalty of restitution to punish the criminal more and to connect the individual to the person suffering injury and long-lasting damage for as long as possible. Restitution will require the convicted person to pay damages through compensation to the injured party so that he or she may recover fully. The payments can cover medical costs, the pain and suffering or other expenses that the individual has after the initial recovery phase. These damages are usually based on the bills the person pays or economic damages that sometimes are part of a civil case. Legal Defense Against Mayhem ChargesThe person facing charges for mayhem will need a lawyer to support his or her case to either refute the charges or to attempt a plea bargain. The penalties when there is sufficient evidence for a conviction can cause life-altering consequences for the defendant without an experienced criminal defense lawyer. Aggravated mayhem is the act causing permanent disability or disfigurement. It is done with the specific intent of causing injury and with indifference to the well-being of another person. Aggravated mayhem is severe injury against another person with intent to cause harm, disability, disfigurement or to deprive him or her from organs, members or limbs. While mayhem the word is obscure in the current electronic age, it is a violent crime similar to torturing someone or aggravated battery against the body of an individual. These crimes are punished harshly due to the nature and aspects of the intent behind them along with what is done to the body of another. These injuries also cause psychological or emotional turmoil. Criminal charges are often issued immediately with evidence mounting quickly. Aggravated Mayhem may consist of a knife being used on a victim to steal money. While the intent is to steal, injury is often the conclusion when the individual struggles against the attacker. Permanent scars incurred during an argument could lead to these charges when they are repeated and continual. College fraternities that engage in hazing could harm a new recruit through tattoos or brands against the skin. The penalties are severe, strict and may alter the life of the accused if he or she is convicted of these illegal acts. The victim is often in the courtroom to provide testimony. Penalties for Aggravated MayhemThe seriousness of this crime is often reflected in the penalties. Normal mayhem may lead to two, four or eight years in a state prison in Utah. Fines may go as high as $10,000. However, because aggravated mayhem is so much worse, the accused when convicted may live out the rest of his or her life in the state prison. However, there is the possibility of parole. Fines may remain the same or increase based on the discretion of the judge in the case. These are criminal proceedings, and civil litigation is also possible for the victim of the incident. Legal Defenses in Aggravated MayhemIt is imperative that the accused hire a criminal defense lawyer to protect his or her rights and ensure he or she is provided a defense against the prosecution due to the injuries of the victim. One of the most important defense strategies is the unintentional harm to another. The willful act is what constitutes the graves of these crimes. However, if the intention was not to harm, injury, disable or disfigure the person attacked, it is possible to remove the aggravated part of the charge. In accidental incidents, the charge may be completely different which may lead to less severe penalties. When the person seeking to defend against the charges did not actually mean to hurt the other party, it is possible that the charges are incorrect. Mayhem is a rare charge to issue against a person, and if the officer or department is not aware of all the details, the accused may not face court with the correct crime. Mayhem requires intentional or malicious harm towards the victim. Self-defense and other actions are not mayhem, and the perpetrator may not face a conviction in these instances. It is important to understand the penal codes and how they affect citizens. Defending with Criminal Defense LawyerWhen someone has been charged with a criminal act, he or she is then placed in a county jail until the charges are pushed through. Then, he or she will go through the court processes to defend against the allegations. It is important to know what the charges mean, to research if possible about how this could affect the accused and that legal representation is acquired to fight the charges. If the legal definition does not apply to the situation and actions taken during the incident, the allegations may be false. This could mean the prosecution is in the wrong. The criminal defense lawyer hired for these situations must initiate a plan of defense and a strategy of implementing the defense so that the accused is afforded a fair trial. He or she may need to claim the charges are false. This may lead to a dismissal of the case. However, other professionals may need to be hired to continue with this course of action, and the claim could become complicated. Defenses to MayhemIn order to convict you of mayhem, every element in the legal definition must be met. For example, if a construction worker accidentally drops a saw on a coworker’s arm and cuts it off beyond repair, this would not constitute mayhem. By virtue of being an accident, the incident lacks the requisite malicious intention. However, even if all the elements to mayhem are successfully proven, your experienced attorney may be able to cite certain “affirmative defenses” to lessen the charge or reduce the sentence. These include: Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Criminal Defense Lawyer South Salt Lake Utah How To Create A Friendly Workplace Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-criminal-code-76-5-105/ The Equal Employment Opportunity Commission (EEOC) has stated that preventative measures are one of the best ways to combat workplace discrimination and harassment. Saying that, however, is easier than accomplishing it. Here are some tips on how to create a “friendly” workplace, where discrimination and harassment cease to exist. This is what you should do: • Establish an anti-discrimination and an anti-harassment policy that complies with federal and state laws. Provide the policy to your employees, and be prepared to abide by and enforce the policy. • When investigating a claim, keep written documentation of your investigation efforts. Records should include the names of individuals with whom you spoke to and the gist of their conversations about the matter. • Consider the appropriateness of making interim decisions, while your investigation is proceeding, to prevent further harassment. For example, you cannot fire the accused harasser, or take away all of his or her job responsibilities while the investigation is being conducted. However, you may be able to move him or her to a different area of the office, or change his or her work hours so that the victim and harasser do not have further, potentially harmful, exposure to each other. Remedying Discrimination or HarassmentIf you find that discrimination or harassment has occurred, make sure to take appropriate measures. For example, it may be appropriate to immediately terminate an employee who sexually attacked another employee. However, it may not be appropriate to fire an employee who brought one pornographic picture to the office that was seen or given to a person who was offended by it. If you over-penalize an employee, or under-penalize them, the rest of your workforce may receive mixed messages about your commitment to fairly and appropriately handle matters of discrimination and harassment. PreventionTake steps to prevent future episodes of discrimination and harassment. Hold annual meetings with supervisors to remind them of their obligations to report incidents of discrimination or harassment that they observe or are told about. Consider conducting an annual anonymous questionnaire for employees that asks whether they have experienced any discriminatory or harassing behavior in the past year. This questionnaire will allow you to have a better idea of what is happening day-to-day with your company and will also show, should it be needed in the future, that you were aware of the potential for improper workplace behavior and that you were taking steps to inform yourself about it and look for ways to prevent it. Workplace LawyerWhen you need a business attorney, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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What If The Executor Does Not Probate The Will? Real Estate Lawyer Farmington Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/how-to-create-a-friendly-workplace/ Insurance defense is legal representation that specializes in cases relating to insurance. Insurance defense attorneys may work for law firms that offer insurance companies legal help or may work as staff attorneys for the insurance company itself. Due to the pervasive nature of insurance, there can be a plethora of litigation with multiple layers of policy to discern. Insurance includes workers’ compensation, automobiles, homes, and healthcare, all of which can lead to litigation over the veracity of claims and the fulfillment of policies. The insurance industry is also heavily regulated, which requires legal expertise that remains abreast of changes and amendments that affect the handling of the policies that insurance companies offer and process. How profitable an insurance company depends on the types of policies it writes, the amount of premiums it earns from underwriting activities, and the amount of benefits it pays out from claims made against its policies. Rather than take all claims at face value, insurance companies investigate the veracity of claims, and doing this requires personnel with legal expertise. Insurance defense may involve a broad spectrum of legal issues relating to insurance policies and claims. Attorneys examine whether the claim being made is something covered in the terms of the insurance contract. For example, a flood damage claim made by a homeowner who has a homeowner’s policy without flood coverage would be challenged. Attorneys also seek to uncover cases of insurance fraud and false claims, including workers’ compensation claims in which employees may not be injured to the extent that they have claimed. Insurance companies will also use insurance defense attorneys to defend policyholders from claims made against them. For example, insurance defense attorneys may represent an auto policyholder in the case that another driver is suing the policyholder for damages. The insurer may still wind up paying some damages, but the presence of a skilled legal team may lead to more favorable settlement terms. Attorneys are also used by insurers to determine whether the types of contracts and business practices that the insurance company is involved in complying with regulations. Because state law primarily governs insurance regulations, insurers may find that what is considered legal in one state may not be considered legal in another. For example, insurance grace periods may vary from state to state, so insurers must be certain that they do not cease coverage on delinquent contracts before they are allowed to. Insurance LawIn order to understand insurance law, it is useful to understand insurance first. Insurance is a contract in which one party (the “insured”) pays money (called a premium) and the other party promises to reimburse the first for certain types of losses (illness, property damage, or death) if they occur. Insurance law falls into three major categories. First, the insurance company will hire lawyers to represent the insured in case she is sued for something related to her insurance contract. These are known as “insurance defense attorneys.” For example, an automobile insurance company will hire an attorney to represent an insured driver when she gets sued for causing another driver’s injuries. The second category of insurance law helps insured people determine when an insurance company must pay a claim. Third, insurance companies typically hire attorneys to make sure the company complies with all applicable laws and regulations, which can vary by state. There are many types of insurance. The government runs some kinds of insurance, like Social Security disability, worker’s compensation, and unemployment insurance. However, the term “insurance law” usually refers to the law surrounding private insurance. The most common types of private insurance are health insurance, automobile liability insurance, homeowner’s insurance, life insurance, title insurance, and malpractice insurance. Terms to Know Insurance defense attorneys are often local attorneys that have contracted with insurance companies in order to find work. Some of these offices work exclusively with insurance companies, so individuals are usually unable to hire these attorneys on their own. However, some insurance companies allow their insured to pick their own attorney, which may allow those individuals to hire otherwise unavailable insurance defense attorneys. Most insurance defense attorneys work to zealously represent the insured. However, the insured does not pay the attorney out of pocket, and many clients have concerns that the attorney is actually working in the best interest of the insurance company. If an insurance defense attorney represents you, be sure you understand everything that happens in your case, and do not be afraid to ask questions. Since there are so many different types of insurance, and insurance touches so many aspects of life, most lawyers are familiar with some aspect of insurance law. Personal injury and medical malpractice attorneys routinely deal with medical insurance companies, similarly, auto accident attorneys routinely work with auto insurance companies. Real estate attorneys often recommend that their clients purchase title insurance, and are very familiar with homeowners’ insurance policies. Probate attorneys must frequently distribute life insurance proceeds and estate planners often recommend different types of life insurance arrangements Insurance law includes a wide range of issues relating to insurance policies and claims. Essentially, an insurance defense attorney deals with three categories: ensuring policyholders are protected if they are sued, helping people determine when insurance must pay a claim, and making sure insurance companies are complying with applicable regulations. An insurance defense attorney can represent insurers and their policyholders in all aspects of the claims process, including: Working with PolicyholdersSometimes insurance policyholders are sued; for example, if they are alleged to have caused a car accident that injured another driver or caused damage to property, the other driver or their insurance company may seek compensation. In this case, the insurance company might hire an insurance defense attorney to represent the policyholder during litigation. With the assistance of an experienced attorney, the policyholder can often expect to pay less towards damages. An insurance defense attorney can successfully negotiate more favorable settlement terms, which ultimately keeps the insurance company’s client happy and protected from excessive financial loss. Working with Insurance CompaniesInsurance companies often hire an attorney to protect their business interests. For example, they may consult an insurance defense attorney when creating or modifying their available policies to ensure they align with local regulations. State law is generally the governing force behind insurance regulations, so a national insurance company needs an attorney who knows the laws of the state in which they’re operating intimately and can advise the company how to ensure their practices are lawful in that state. The insurance company may also retain an attorney if they are accused of wrongfully denying a policyholder’s claim. Their attorneys will evaluate claims in regard to the applicable policy information and local laws to determine whether the claim is valid. How to File an Insurance ClaimEach state has laws that govern the process, so contact your state department of insurance if you have questions or feel you are not being dealt with fairly. Take these steps to file an auto insurance claim: When to File an Insurance ClaimIt’s also important to remember that when you file a claim, there’s a chance your insurance company will raise your premium rates. Yes, even if the other driver was at fault or you can’t control the weather. There’s even a chance they might cancel your policy under certain circumstances. Call the Police if NecessaryIf a crime was committed, someone was hurt in an accident, or there is significant damage, don’t just stand there. Call 911 and get help! And while you don’t necessarily need a police report to make an insurance claim, it definitely doesn’t hurt to have one. A police report will paint a picture of what exactly happened in an accident or at a crime scene, and include information that’ll make the insurance claim process much easier. Document Everything and Exchange InformationNow it’s time to document what you can from the scene of the accident and gather information from all the parties involved. Think of it as a scavenger hunt. Make sure you get the following: If you’re hurt and need medical attention, you’ll also want to hang on to any physician reports, medical bills and other documentation you receive for treatment of your accident-related injuries. Contact Your Insurance CompanyOnce you and everyone involved in the accident are safe, get in touch with an agent from your insurance company and ask what else you’ll need to file your claim. Your agent knows the ins and outs of the claims process and will be able to give you the direction you need. What to Expect After Filing an Insurance ClaimAfter you file your claim, the insurance company may send an insurance adjuster to investigate the accident and the damage done. During the investigation, the insurance adjuster will take a look at all the facts to get to the bottom of what happened. After they determine the cause of the accident, the adjuster will make a recommendation for how much the insurance company should pay for the loss. If you’re dealing with another insurance company’s adjuster, remember their goal is to spend as little money as possible. That’s why it’s critically important to thoroughly document the accident and be completely honest about your injuries and all parts of the accident just in case they try to downplay your losses. Failing to Read Your PolicyTo adequately protect your business from losses you need to understand what your insurance policy does and doesn’t cover. You won’t know what risks are covered if you don’t read the policy. Be sure to read the entire contract, including all endorsements. If you have trouble understanding the wording, ask your agent or broker for assistance. Review your policy again before you file a claim. Be sure you understand the duties you are obligated to fulfill to obtain payment for a loss. Failure to Notify Your Insurer ImmediatelyWhen an accident or loss occurs that’s potentially covered by your policy, contact your insurer right away. Claims are easier to adjust when events have just occurred and the evidence is fresh. Moreover, a delayed response on your part may make your insurer doubt the severity of the injury or damage. Timely notice of a loss is a condition of many business insurance policies. The standard commercial property form requires you to notify the insurer promptly of any loss or damage. Likewise, the ISO general liability form requires you to notify the insurer as soon as practicable in the event of an occurrence, offense, claim, or suit. If you fail to report a loss or claim within a reasonable amount of time, your insurer may deny coverage on the basis that you’ve breached the insurance contract. Poor DocumentationGood record keeping is essential if a loss occurs because insurers require detailed information to settle a claim. Some of the information your insurer will require is stated in the policy conditions. For example, the ISO commercial property form requires you to provide complete inventories of the damaged and undamaged property, including quantities, costs, values, and the amount of loss claimed. It also requires you to submit a proof of loss. You can substantiate your written records with photos or videos. Document every communication you have with your insurer regarding your claim. Keep a list of the names and phone numbers of everyone you speak to as well as the date and time of the call. If you mail paper documents to your insurer, retain copies for your file. Failure to Cooperate With Your InsurerCooperating with the insurer is a condition of coverage in many business insurance policies. For instance, the ISO commercial property form states that you must cooperate with the insurer in the investigation or settlement of the claim. Likewise, the ISO liability form requires you to cooperate with the insurer in the investigation or settlement of a claim or defense against a suit. If you fail to provide information your insurer needs to process your claim, your actions may give the insurer grounds to deny coverage.1 Even if your insurer doesn’t deny the claim, and your failure to cooperate may delay your claim payment. Failure to Retain Damaged PropertyIf property at your premises or worksite has been damaged by a fire or other peril, you might be tempted to throw it away. Don’t do it! Leave the property as it is until an adjuster has inspected it. This is important as a typical property policy requires you to set the damaged property aside for examination. You must also protect covered property from further damage. If you discard the damaged property you may destroy valuable evidence related to your loss. The standard business auto policy contains similar requirements regarding protection and inspection of damaged property. If a vehicle you have insured under comprehensive or collision coverage is damaged, you must take reasonable steps to protect the covered auto from further damage. Before the vehicle is repaired, you must allow the insurer to inspect the auto and any records you have that substantiate the loss (such as photos of the accident). Utah Insurance Defense AttorneyWhen you need legal help with insurance defense in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Insurance Defense Attorney first appeared on Michael Anderson.
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Protecting And Transferring Title 2 Collection Family Lawyer North Salt Lake Utah What Assets Are Subject To Probate? South Jordan Utah Bankruptcy Lawyer Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/insurance-defense-attorney/ In Utah, you can be evicted for a number of different reasons, including not paying rent or violating the lease. However, there may be a few things you can do to postpone the eviction, or perhaps even stop it altogether. Understanding Your Eviction NoticeIf your landlord decides to evict you, you will first receive a written notice that states the reason for the eviction and a time period to either comply with the notice, if possible, or move out of the rental unit. In Utah, you could typically receive one of three types of eviction notices, depending on the reason for the eviction: Talk to Your LandlordIf you receive an eviction notice, you should first try talking to your landlord. You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit. If you and the landlord are able to agree on anything, be sure to get the agreement in writing, signed and dated by both of you. Comply With the Eviction Notice, If PossibleIf you are being evicted for not paying rent or violating the lease, then your eviction notice will state the reason for the eviction. If you comply with the eviction notice by either paying all the rent due and owing or correcting the lease violation, then, in Utah, the landlord must not proceed with the eviction If you are not able to comply with the eviction notice within the time period stated in the notice, then you should talk to your landlord. For example, if you are being evicted for failure to pay rent, you will receive a three-day notice to remedy. If you can’t pay the rent in full within three days but you could by the end of the week, you should talk to your landlord to see if you can arrange to pay later. If your landlord agrees to terms that are different from the eviction notice, then you should get the agreement in writing. Attend the Eviction HearingIf you do not comply with the eviction notice and you and your landlord are not able to reach an agreement, then your landlord can file the eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files, and you will then be required to file an answer in response to your landlord’s complaint. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defenses to the eviction, such as the landlord evicting you based on discrimination. In Utah, it is illegal for a landlord to discriminate against a tenant based on source of income, race, or religion, among other things. If your landlord is evicting you based on one of these protected classes, then you can use that as a defense against the eviction. You must file an answer if you wish to postpone or stop the eviction. If you do not file an answer, then the judge will most likely rule in the landlord’s favor, and the eviction will proceed. For more information on the eviction process, see the eviction help website published by the Utah courts. If you do file an answer, then a hearing will be scheduled. You must attend this hearing. At the hearing, the judge will consider both sides of the argument and make a decision regarding the eviction. Even if you don’t have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit. Utah Eviction ProcessIn Utah, the legal term for an eviction is an ‘unlawful detainer suit.’ Landlords wishing to evict a tenant must go through a formal process and obtain a court order before they can have a tenant evicted. Any attempts to evict a tenant without a court order are illegal. Actions like turning off utilities or changing the locks without a court order are known as “self-help” evictions, and they could result in a lawsuit being successfully filed against you. Before landlords can file an eviction suit, Utah law requires you to provide 3 days’ notice to tenants to correct a deficiency or leave the premises. Generally, the eviction process in Utah takes just a matter of days or weeks from the time the landlord files the lawsuit to the time the tenant is out of the property. 11 to 28 days is common, provided that the process has been followed correctly. If the tenant contests the eviction, it could take longer. Utah is among the more landlord-friendly states. Courts in Utah normally award triple damages (minus attorney’s fees) to landlords in the event of an eviction especially for past-due rent payments. However, it can be very difficult to actually collect on a judgment from an evicted tenant if they have few assets in their name to collect against. What are some reasons that I can evict a tenant in Utah?Common reasons for evictions in Utah include non-payment of rent and material violation of lease terms. Landlords can also file nuisance evictions due to suspected criminal activity on the premises, loud parties, rowdy behavior, gambling, and the like. The landlord must sufficiently demonstrate to the courts that the tenant has been causing a nuisance. You cannot evict unless you have a court order authorizing you to take possession of the property. You can’t evict if you are illegally discriminating against a protected class. The federal Fair Housing Act prohibits housing discrimination on the basis of race, religion, sex, national origin, familial status, and pregnancy. In addition, Utah state law prohibits housing discrimination on the basis of color or source of income. If you evict someone for a lease violation, the tenant may challenge the eviction and present evidence that they were, in fact, in compliance with the lease; or that they corrected the deficiency within 3 days. If you fail to maintain your property in accordance with the Utah Fit Premises Act, the tenant may have a defense to eviction on the basis of non-payment of rent. In some cases, the Fit Premises Act allows tenants to repair a deficiency and deduct the cost of the repair from their rent. The tenant must provide all applicable receipts to the landlord, and the cost of the repair must not exceed two months’ rent. Before you can file for an eviction, you must provide a formal written notice to the tenant to pay rent, correct the lease violation, or vacate the premises. If you’re evicting because of a violation of the lease, then you would present the tenant with a 3-Day Notice to Quit or Perform Covenant. Utah law allows you to present this notice in person to the tenant; to mail it to the tenant’s residence via registered or certified mail; or to leave the notice with a person of suitable age and discretion at the residence. If you cannot find anyone suitable at the residence, then you may post the notice in a conspicuous place on the property. In Utah, if you have a squatter occupying your premises without a lease, you must provide a 5-day notice to quit the property as a tenant-at-will. If the tenant pays their rent during the 3-day period, and the reason for eviction stated in the notice was non-payment of rent, then the process stops there. However, if the 3-day notice does not solve the problem, then you can file your unlawful detainer lawsuit in the district court where the property is located. The court will schedule a hearing within 10 days. Court officials will deliver a summons to the tenant alerting them of the lawsuit, as well as the time and location of the hearing. If the defendant wants to contest the eviction, they can state their case at the hearing. Utah law allows landlords to recover attorney’s fees if they win the lawsuit, provided that a provision stating such is in the lease signed by the tenant. Once you win your eviction hearing, you can apply for a writ of restitution from the court. The writ of restitution generally directs the tenant to vacate the premises within 3 days (though occasionally the timeline could be shorter—especially where vandalism or property damage is threatened or suspected). You can serve or post this notice on the property, but you must also provide a blank request for a hearing along with the notice to vacate. (You must provide proof of service to the court). If the tenant does not request a hearing, and does not vacate the premises, then the writ of restitution allows a sheriff or constable to enter the property using the least forceful or destructive method necessary. Dealing With An Evicted Tenant’s Property In UtahYou should have a crew of people ready when the sheriff arrives to clear out the former tenant’s property. Have bags, boxes, and tarps on hand. You or the constable/sheriff must store the property and provide reasonable notice to the tenant to pick it up, if the tenant is not present to take possession. Evictions During The Coronavirus OutbreakMany states and cities have implemented eviction moratoriums for the duration of the COVID-19 outbreak. Even if there isn’t a ban, most courts across the Utah have postponed hearings on non-essential matters—including hearings on eviction and landlord-tenant matters. However, most courts are still hearing eviction matters that are based on reasons other than nonpayment of rent such as selling drugs on the property or posing a threat to other people or property. No matter if there is an eviction ban in your area, you are still obligated to pay rent. Depending on the language of a ban, your landlord might be able to assess late fees, interest, or other penalties for not paying the rent on time. If you don’t think you can pay your rent due to COVID-19 related hardships, you have options, and you should consider talking with your landlord as soon as possible. Check your local court’s website for more information about the status of eviction lawsuits where you live. Also, consider looking into obtaining assistance from federal, state, local, private, or non-profit sources. When a Landlord Might Send a Notice of Termination for CauseAlthough terminology varies somewhat from state to state, there are basically three types of termination notices that you might receive if you have violated the rental agreement or lease in some way: When a Landlord Might Send a Notice of Termination Without CauseEven if you have not violated the rental agreement and have not been late paying rent, a landlord can probably ask you to move out at any time (assuming you don’t have a fixed-term lease) as long as the landlord gives you a long enough notice period. A 30-Day Notice to Vacate or a 60-Day Notice to Vacate to terminate a tenancy can be used in most states when the landlord does not have a reason to end the tenancy. (The length of the required notice might be slightly longer or shorter in some states.) Rent Control ExceptionsMany rent control cities go beyond state laws and require the landlord to prove a legally recognized reason for termination. These laws are known as “just cause eviction protection.” (Tenants in only a couple of states also enjoy just cause eviction protection.) When a Landlord Might File an Eviction LawsuitFollowing receipt of a termination notice, if you haven’t moved out or fixed the lease or rental agreement violation, the landlord must properly serve you with a summons and complaint for eviction in order to proceed with the eviction. The court will set a date and time for a hearing or trial before a judge. You must show up to this hearing. If you don’t, the judge will likely rule against you, even if you have a possible defense to the eviction. Possible Tenant Defenses to EvictionIf you do get hauled into court, you may be able to diminish the landlord’s chances of victory. Perhaps you can point to shoddy paperwork in the preparation of the eviction lawsuit. Or maybe the landlord’s illegal behavior, such as not maintaining the rental property in habitable condition, will serve as a good defense, as would a claim that the eviction lawsuit is in retaliation for your insistence on needed, major repairs. Sheriff’s Escort During an EvictionEven if the landlord wins the eviction lawsuit, the landlord can’t just move you and your things out onto the sidewalk. Landlords must give the court judgment to a local law enforcement office, along with a fee. A sheriff or marshal gives you a notice that the officer will be back within a few days to escort you off the property. At that point, it’s best to acknowledge defeat and leave on your own steam. Eviction AttorneyWhen you need legal help with an eviction in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Nature of Patent And Patent Rights Protecting And Transferring Title 2 Collection Can A First Offense DUI Be Dismissed? Where Can I Get Divorce Papers? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-eviction-law/ Utah Criminal Code: 76-5-104. Consensual AltercationIn any prosecution for criminal homicide under Part 2, Criminal Homicide, or assault, it is no defense to the prosecution that the defendant was a party to any duel, mutual combat, or other consensual altercation if during the course of the duel, combat, or altercation any dangerous weapon as defined in Section 76-1-601 was used or if the defendant was engaged in an ultimate fighting match as defined in Section 76-9-705. Terms Used In Utah Code 76-5-104• Dangerous weapon: means any item capable of causing death or serious bodily injury; or a facsimile or representation of the item, if: the actor’s use or apparent intended use of the item leads the victim to reasonably believe the item is likely to cause death or serious bodily injury; or the actor represents to the victim verbally or in any other manner that he is in control of such an item. In any prosecution for criminal homicide under Part 2, Criminal Homicide, or assault, it is no defense to the prosecution that the defendant was a party to any duel, mutual combat, or other consensual altercation if during the course of the duel, combat, or altercation any dangerous weapon as defined in Section 76-1-601 was used or if the defendant was engaged in an ultimate fighting match as defined in Section 76-9-705. Consensual altercation is sometimes referred to as assault by mutual consent. It refers to your typical fight, where both parties enter into the altercation with knowledge and consent. Under Utah law, consensual altercation is not a valid legal defense. This means, it doesn’t matter if both parties entered the fight willingly, if your actions amount to assault as defined above, you could be tried and convicted. The crime of assault can be either a misdemeanor or a felony in Utah depending upon: To prove that a person is guilty of felony assault a prosecutor must prove that: Consent and Prohibited ConductThe voluntary and knowing consent of all parties to any sexual activity is crucial. “Consent” is defined as clear, unambiguous, voluntary, positive agreement between the participants, to engage in specific sexual activity. Additionally: Prohibited ConductThe University’s Non-Discrimination and Non-Harassment Policy prohibits sex discrimination, which includes sexual harassment, sexual assault, and sexual exploitation; interpersonal violence, which includes dating violence, domestic violence, and stalking; and retaliation and intimidation. Sexual HarassmentSexual harassment, which includes sexual assault and sexual violence, is a type of sex discrimination prohibited by Title IX that may take many forms. Sexual harassment includes unwelcome sexual advances, requests for sexual favors and/or other physical, verbal or visual conduct based on sex. Dating ViolenceDating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, and/or the frequency of interaction between the persons involved in the relationship. Domestic ViolenceDomestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, a person with whom the victim shares a child in common, a person who is cohabitating with or has cohabitated with the victim, a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction. StalkingStalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or suffer substantial emotional distress. RetaliationRetaliation exists when action is taken against a complainant or participant in the complaint process that adversely affects the individual’s opportunity to benefit from the programs or activities; and is motivated in whole or in part by the individual’s participation in the complaint process. IntimidationIntimidation of any individual undertaken to prevent reporting of violations or cooperating with investigations is also prohibited. Self-Defense and Mutual Combat DefensesWhen a person is dealing with assault defenses, the most common defense is going to be self-defense. In that situation, attorneys are arguing to the judge or the jury that their client did assault the other individual, but they did so because they were acting in self-defense. That is the number one defense. Another common defense strategy is the mutual combat defense. Mutual combat is not something that is necessarily codified. It falls between self-defense and consensual contact. Attorneys will allege that the only reason that the defendant engaged in the assault or assaulted the alleged victim is that they were in a mutually combative situation. It basically means that both parties consented to the other party touching them, and were engaged in a physical fight. This relates to the consent defense, which alleges that the plaintiff consented to the touching. If an attorney could prove consent or mutual combat, that could serve as one of the mitigating factors for assault charges in Utah. Accidental ContactAccidental contact is another defense that is often used in assault cases. Whenever a person is dealing with an assault or an assault and battery in Utah, a person has to intend to touch the person. They cannot accidentally run into somebody and be charged with criminal assault. A person could have some civil liability in a negligent suit, but as far as criminally they have to intend to hit somebody. If it is an accidental touching, then it is not going to raise the level of criminal assault. Then, there is the intent of the individual when doing the touching. This defense does work, but it is rare. It essentially says that when the rude touching occurred the individual doing the touching did not intend to harm the other party. Unreliability of the Plaintiff as a Mitigating FactorMitigating factors for assault charges in Utah often include the facts surrounding the assault or why the assault happened. For example, the court may ask if the defendant punched the plaintiff, or whether the plaintiff instigated contact, even if they did not hit the defendant first. In the second type of situation, a lot of judges may dismiss the case. Even if the judges do find a person guilty of the assault, if there is no injury, they might not jail the defendant because of the circumstances. Substance UseA plaintiff’s instigation and other factors like the presence of drugs or alcohol in the system of the alleged victim could be helpful in an individual’s case. For example, if the accuser says that the defendant walked up to them and slapped them, and that is the primary evidence is witness testimony, and it is revealed in cross-examination that the person who testified was high on cocaine at the time, they might be deemed unreliable. Things like that can be mitigating factors for assault charges in Utah and could even mitigate evidence, leading to the dismissal of said evidence. At the same token, the life of the accused can also be mitigated, especially if the accused is a veteran, has no record, has a mental health diagnosis, was going through meds, or has PTSD, bipolar disorder, or something along those lines. Criminal Defense LawyerWhen you need legal help to defend against criminal assault charges against you, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Utah Criminal Code 76-5-104 first appeared on Michael Anderson.
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Real Estate Lawyer Morgan Utah Can I Contest My Father’s Will? Criminal Defense Lawyer Midvale Utah Nature Of Patent And Patent Rights Protecting And Transferring Title 2 Collection Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-criminal-code-76-5-104/ The person who owns a copyright is sometimes referred to as having “title” to the copyright. A “title” is the document that establishes ownership to property, like the title to your car or house. But even in the absence of an official document, the owner of a copyright is often said to have title to it. Just like title to your car or house, title to a copyright can be sold or otherwise transferred. A person or company can have ownership (title) of a copyright transferred to it by means of an assignment (a sale in which all or part of a copyright is transferred) or through a will or bankruptcy proceedings. Since title to a copyright can be transferred, you may have to search copyright records to determine the current owner of a work you want to use. There are two ways to determine if copyright ownership has been transferred: by reviewing the copyright registration certificate issued by the Copyright Office, or by locating an assignment or transfer agreement. By reviewing the copyright registration certificate, you can find out who currently claims copyright and on what basis. For example, if a publisher has been assigned copyright to a work, it will file a copyright registration in its own name and indicate on the registration that it acquired copyright through a legal transfer. Also, many companies file the agreement that establishes the assignment, license, or transfer with the Copyright Office. Gun TrustsA Gun Trust is a way to avoid the transfer process described above. The Trust is an entity you create that holds the title to your firearms. You can name multiple trustees, who then share the right to possess and use the firearms covered by the Trust. Since the Trust stays in effect after your death, the executor of the estate isn’t involved, and the firearms don’t have to go through probate. Trusts are not intended to circumvent the law. However, some gun owners believe a Trust might help get around any future laws prohibiting transfer or inheritance of certain weapons. While a simple Revocable Living Trust generally ends once your assets are distributed after your death, a Gun Trust can be designed to last for multiple generations, and it must take federal and state gun laws into account. To create a Gun Trust, it’s essential to work with an attorney very familiar with the laws governing the use, possession, and transfer of weapons in your state. For example, you wouldn’t want to name a trustee who is prohibited by law from possessing the firearms, for example. Gun Trusts are useful for people who want to share the use of their weapons with others during their lifetime. But recent ATF rules have removed some of the advantages of a Gun Trust for inheritance purposes. Carefully consider the advantages and disadvantages before setting up a Trust; don’t fall for aggressive lawyers’ sales pitches without doing your own research and/or getting a second opinion. Why you Need a Gun Trust?If you’re not a gun collector, you likely haven’t heard the term “gun trust.” Even if you are, you may not understand what a gun trust is, how it works or how it can be of use in an estate plan. A gun trust is the generic name for a revocable or irrevocable management trust that is created to take title to firearms. Revocable trusts are more common, as they can be amended and changed during the lifetime of the grantor. Although any legally owned weapon can be placed into a gun trust (and we’ll get into why that could be a good idea later), these trusts are specifically used for weapons that are classified under the National Firearms Act (NFA) Title II of the Gun Control Act of 1968. Examples of Title II weapons include a fully automatic machine gun, a short-barrelled shotgun or a suppressor, sometimes called a “silencer.” The latter is a common piece of equipment that is purchased and owned by a gun trust. The trust is actually the owner of the firearm or suppressor. Gun Trusts Provide Legal Protections to You and Your HeirsSo why might a gun trust become a necessary part of an estate plan when the grantor owns NFA designated Title II weapons? One obvious reason is that the transport and transfer of ownership of firearms that are so heavily regulated can easily become a felony without the owner even knowing they are breaking the law. A gun trust allows for an orderly transfer of the weapon upon the death of the grantor to a family member or other heir. However, the transferee must go through the background check and identification process before taking possession of the firearm. That means the grantor should name as the final beneficiary a person or entity they know will be able to accept the weapon if the initial designated heir cannot, due to failure of the background check. There are other reasons a gun trust can make sense. For instance, an NFA Title II weapon, such as a suppressor, can only be used by the person to whom it is registered and no one else. Violation of this law is a felony. Simply letting a friend or family member fire a few rounds with a Title II weapon at the local range or at the deer lease is a felony! A gun trust can be used to allow for the use of the Title II weapon by multiple parties. Each party who will have access to and use of the weapon must be a co-trustee of the gun trust and must go through the same required background check and identification requirements. It is worth noting that the vast majority of firearms purchased and owned by U.S. citizens are Title I weapons, such as ordinary rifles, pistols and revolvers, and not Title II. However, it is fair to assume that as gun sales increase, the purchase of Title II firearms will also increase, and the gun trust will be a valuable tool for those willing to go through the rigorous and lengthy process to legally obtain a Title II weapon. The process includes: Types of Weapons Held in TrustCommonly, gun trusts are used for weapons that are regulated by two federal laws: The National Firearms Act of 1934 (NFA) and a revision of that law, Title II of the Gun Control Act of 1968. These weapons are often called NFA or Title II firearms. NFA weapons include machine guns, silencers, short-barrelled rifles, and short-barrelled shotguns (including sawed-off shotguns), grenades, and others. NFA weapons must have a serial number and be registered with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, commonly called the ATF or BATF. (If such a weapon isn’t already registered, you cannot register it; it is illegal to own.) They can be possessed and used only by the registered owner. To transfer a registered firearm, the owner must get ATF approval and pay a $200 tax ($5 for some items). Other federal laws also affect NFA weapons. For example, since 1986 it has been illegal to manufacture machine guns, and only those manufactured before that date may be legally purchased. (Firearm Owners Protection Act.) State laws may further restrict NFA firearms as well. A Gun Trust Isn’t Just for Title II WeaponsFor an owner of a large collection of firearms, it may make sense to transfer ownership of these weapons to a gun trust, even if the individual doesn’t own any Title II weapons. There are several benefits to doing this: Protecting your privacyFirst, most states require an executor to file an inventory of the probate estate. Probate inventories are public documents filed with the court and are available for anyone to see. All firearms included in an estate would be listed on the inventory, along with the market value of each item. A public document on file in the courthouse with a list of all firearms owned, as well as the value of each, may not be the best outcome for the heirs. If the firearms are owned by a trust, the firearms are not included in the probate estate and will not be listed on the inventory. Allowing for the disposition of your collectionSecond, if the collection has significant value and will be liquidated at the death of the grantor, a gun trust can also provide for the orderly disposition of the firearms by the successor trustee or remaining co-trustees. Depending on the language included in the trust, the proceeds from the sale of the firearms can be invested to provide an income stream to heirs or to charity. Covering the possibility of incapacitationThird, an incapacitated person cannot own a firearm, so if the owner of a substantial firearm collection becomes incapacitated and has no spouse or significant other who can legally possess the firearm, the person taking possession of the firearm could be in danger of breaking the law. If the firearms are placed into a trust, the successor trustee would take possession of the firearms upon the incapacitation of the grantor and can hold or distribute the firearms based on the grantor’s intentions and wishes, as outlined in the trust document. Smoothing the way for your heirsLastly, the cost to create and administer a gun trust is relatively small compared with the potential negative consequences of running afoul of the complex laws surrounding the use and ownership of firearms, especially Title II firearms. Leaving a large collection of Title I weapons — or even a single Title II weapon — in an estate to be dealt with by an executor or trustee can be disastrous and avoidable with the use of a gun trust. Using a Gun Trust to Pass on FirearmsAny gun owners have been hearing a lot about the benefits of “gun trusts,” which are specifically designed to hold ownership of firearms. Usually, these trusts are used for firearms that are subject to strict federal and state regulations, but they may include other kinds of weapons as well. Gun trusts can make it easier to handle firearms after the owner’s death—and may prevent surviving family members from inadvertently violating the law. Crossing State LinesLet’s say that in your Will you leave a collection of non-NFA guns to your daughter, who lives in another state. Federal law doesn’t prevent her from picking them up and driving them home across state lines. But she must comply with the laws of both her own state (and city) and yours pertaining to registration and transportation of firearms. For example, if her state requires a firearms permit, she will need to get one. It couldn’t hurt to research this you ahead of time and let her know the rules, since there are transport procedures to follow no matter where she’s driving. Keep in mind, though — and this is good advice for any transaction involving guns that laws are changing all the time. Does your research, stay informed, but if you have any doubt at all, consult a lawyer with knowledge of firearm laws. The last thing you want is someone you love getting pulled over for a routine traffic stop and getting booked for transporting firearms. Prohibited PersonsFederal and state laws forbid certain people to possess firearms. You can bequeath firearms to anyone you choose, but they will not be able to take possession of the guns if they are a “prohibited person” as defined by the ATF, or if they fall into certain additional categories that may be specified in the laws of your state. Prohibited persons under federal law include unlawful users of a controlled substance, people convicted of serious crimes or domestic violence misdemeanors, those judged “mentally defective,” and others. State laws impose additional restrictions. A record of specific felonies, violent misdemeanors, or mental conditions may disqualify people from owning guns. Some states restrict alcohol abusers from possessing firearms. Age requirements vary too; for example, minors (people under 18) may not possess firearms in California. If you’re in doubt, check with a lawyer who is familiar with your state’s gun laws and rights. Sell or SurrenderIf you have no interest in owning any of the firearms passed down to you, and the guns have considerable value, you can sell them to a licensed dealer — the same type we mentioned above to assist in transferring ownership. If you don’t care about the money and just want to get rid of them and make sure they don’t end up in anyone else’s hands again, you can surrender them to your local police department. While the rules for this vary depending on where you live, you should contact the station to find out the proper procedure before just driving down there with a bag of weapons. If you’re worried that you could get in trouble for even possessing or moving the guns, take a wild guess as to what we suggest you should do. Yep, check with a lawyer first. Have we said “check with a lawyer” enough times in this article? That’s because where guns are concerned, it really is a good idea, in any but the simplest of situations. Gun LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Protecting And Transferring Title 2 Collection first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
Can I Beat A DUI If I Was Over The Limit? Can I Go After My Ex Husband’s New Wife For Alimony? Nature Of Patent And Patent Rights Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/protecting-and-transferring-title-2-collection/ |
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