The patent is issued in the name of the United States under the seal of the United States Patent and Trademark Office, and is either signed by the Director of the USPTO or is electronically written thereon and attested by an Office official. The patent contains a grant to the patentee, and a printed copy of the specification and drawing is annexed to the patent and forms a part of it. The grant confers “the right to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States” and its territories and possessions for which The term of the patent shall be generally 20 years from the date on which the application for the patent was filed in the United States or, if the application contains a specific reference to an earlier filed application under 35 U.S.C. 120, 121 or 365(c), from the date of the earliest such application was filed, and subject to the payment of maintenance fees as provided by law. The exact nature of the right conferred must be carefully distinguished, and the key is in the words “right to exclude” in the phrase just quoted. The patent does not grant the right to make, use, offer for sale or sell or import the invention but only grants the exclusive nature of the right. Any person is ordinarily free to make, use, offer for sale or sell or import anything he/she pleases, and a grant from the government is not necessary. The patent only grants the right to exclude others from making, using, offering for sale or selling or importing the invention. Since the patent does not grant the right to make, use, offer for sale, or sell, or import the invention, the patentee’s own right to do so is dependent upon the rights of others and whatever general laws might be applicable. A patentee, merely because he/she has received a patent for an invention, is not thereby authorized to make, use, offer for sale, or sell, or import the invention if doing so would violate any law. An inventor of a new automobile who has obtained a patent thereon would not be entitled to use the patented automobile in violation of the laws of a state requiring a license, nor may a patentee sell an article, the sale of which may be forbidden by a law, merely because a patent has been obtained. The term of the patent shall be generally 20 years from the date on which the application for the patent was filed in the United States or, if the application contains a specific reference to an earlier filed application under 35 U.S.C. 120, 121 or 365(c), from the date of the earliest such application was filed, and subject to the payment of maintenance fees as provided by law. A maintenance fee is due 3 1/2, 7 1/2 and 11 1/2 years after the original grant for all patents issuing from the applications filed on and after December 12, 1980. The maintenance fee must be paid at the stipulated times to maintain the patent in force. After the patent has expired anyone may make, use, offer for sale, or sell or import the invention without permission of the patentee, provided that matter covered by other unexpired patents is not used. The terms may be extended for certain pharmaceuticals and for certain circumstances as provided by law. Intellectual Property LawyerWhen you need help with business law and IP law, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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The area of family law is composed of the legal relationships between family members. These relationships can include those of parents, children, spouses, domestic partners, and guardians. Issues involving family law can include: marriage, divorce, child custody, child support, adoption, reproductive rights, paternity, and domestic violence. Family law encompasses the rules, regulations, and court procedures that involve the family unit. As such, it is not uncommon for cases that are heard in family court to be very personal and emotional. Family law attorneys help their clients file for divorce or separation, child custody and visitation, child support, and alimony. Experienced lawyers also assist their clients in establishing paternity, obtaining domestic violence restraining orders, property division, debt allocation, and parenting plans. Family attorney is a person who deals with all the matters of families. No matter if it is a matter of marriage, divorce, child custody, property, ownership, etc. The Family-law attorney deals with all such matters. A Family attorney is out of the zone of the criminal justice system and works only under civil law. Whenever a person gets a problem in family matters, no matter how severe the condition is, a Family-law attorney is hired, not a criminal lawyer. A Family-law attorney has the massive responsibility of getting justice for his clients. Do You Need A Family Attorney?The first step to finding out the best Family attorney during your research is to determine why you and whether you need a Family-law attorney or not. By identifying this, you will be able to know the specialized area of Family attorney for which you need services. One you will recognize this; you will be able to narrow down your Family-law attorney research only to those who deal with problems that you are facing. Decide the Right VenueThis is also an important step to keep in mind because every country and state has its laws under which it works. It is therefore important that the person who is filing the case chose the right venue of the claim. The venue must be the one in which both the member of the party is present. In another case, it will be difficult to follow the example if the laws have huge differences. Another benefit of doing this is that the Family attorney you will choose will know the court and the judges of that place. It will be easy for him to evaluate the situation and also will have an idea that how to handle the case before the authorities. Do Some ResearchQuick research about the Family attorney you are going to choose for your case will be of great help as it will provide you with all the background knowledge of the lawyer. You can search for the official website of the Family attorney and see how his work is going on and how active he is participating in different cases. Moreover, you can also go through social media account of your chosen Family attorney, as it is also helpful in understanding that person. Other than this, you can see the press releases about that person or meet someone of his organization to know well about him and his working attitude. This point is of great importance, so never neglect or miss it. Narrow Down Your ChoicesAfter all the above efforts gave, you will be now able to narrow down the search of your Family attorney. You might have 10 Family-law attorneys on your list in the start, but after the above evaluation, you might be left with only 2 or 3. Now, you can choose the best one out of these very easily. You may consider the minor factors for this. For instance, you can choose the Family attorney who is nearest to you, who is more understanding and comfortable for you. By looking into these small details, you are now able to get the best option out of the entire Family attorney in your surroundings. After doing this, you can even call your chosen Family attorney to get consultation on phone or either request to have a personal meeting in which you can get in-person consultation. You can ask them about simple preliminary questions about their career and ambitions. In this way, you can evaluate them on a personal level and get to know how seriously they will carry out your case and how determined they are for their profession. Making Final DecisionYou can call your selected Family attorney and ask for a meeting for which you will get an appointment. Some Family-law attorney charges for even early meetings, but if you are sure that you will select that Family-law attorney, then there is no harm in paying the fee. Some charge on the hour basis and some charge collectively for the whole day, so you can ask them about it and know about their charges so that you may go with preparation. During this phone call, you must ask your Family-law attorney that what things you need to take with you for the first appointment. Gather Your Documents for First MeetingIf your Family-law attorney does not tell you about the documents that you have to carry with you for the first meeting, then you can decide it on your own. You can find out about the essentials by searching online. Now, after finding out about the essential documents to be carried with you, take out copies of all of them. You may have to go to other Family-law attorney also, so make sure you keep more than one copy with you. Also, leave the original documents back home so that you may not lose them in any case. They must be kept safe and only taken outside when you need them at any cost. Think About Your CaseNow, you are also required to gather details about your case that you might have forgotten over time. There will be so many questions that your selected Family-law attorney is going to ask you for, so you must be able to answer them properly and in detail. This would only be possible if you revise your case thoroughly in advance and then go to the Family-law attorney for the further proceedings. It is very important to remember every detail of your case because even minor things matter when it comes to winning a case in court. So, if you are not able to tell your Family-law attorney even a single detail of your case, you lose the chances to win it. So, keep your eyes open and make sure you remember everything and also deliver that to the Family-law attorney. Make the List of Questions to AskAs much as it is important to make the list of things the Family-law attorney could ask you, you have also to make a list of questions that you need to ask your chosen Family-law attorney. These questions are both general and specific to the case for which you are going to hire that Family-law attorney. Make sure you ask questions and feel satisfied with the answers of the Family-law attorney because if you do not feel comfortable and hopeful about the future proceedings of the case after visiting your Family-law attorney, then you might not have a good chance to carry on with such Family-law attorney. You can ask the Family-law attorney about how much he will charge you, how much time he will give to the case, when he is expecting the case will be resolved, how tough it would be for him, etc. These questions might look very simple, but they are the way in which one can evaluate a Family-law attorney about his skills, professionalism, and ability to win the case for you. Plan a Schedule with Family-law attorneyNow after you are done with all the essential work, that is, you have met your Family-law attorney and asked every question you wanted, the next step you have to take is to schedule out your future meetings with him. Now as you will be satisfied and comfortable with your Family-law attorney, you can make a flexible plan for your meetings because you know that you will be working with him for a long time so compromise will be made and a proper plan will be constructed. It is not easy, but you can make it off your Family-law attorney is determined enough. Also, you must be very strong in your plans so that the Family-law attorney may not get relaxed at any point. So, you have to enforce regular meetings with the Family-law attorney. Reasons You Need a Family Law AttorneyHere are a few reasons why choosing a qualified family law attorney is the right decision: How Much Do Family Attorney Cost?The fees charged by a Family Attorney can vary dramatically depending on how experienced the Lawyer is, the complexity of the case and whether they charge an hourly rate or a fixed fee. However, they should provide you with an estimation of the expected fees from the outset. There are many areas of Family Law that a Family Attorney or Solicitor may specialize in, the main areas of focus being divorce, children matters and the cost of each matter can vary depending on the complexity of the individual case and the amount of work the attorney is ultimately instructed to complete. To assess the cost of an hourly rate case will require the client and the attorney to discuss the circumstances in detail and estimate how much work the matter will require. Once this has been established, the attorney should be able to provide an accurate estimate of fees, though this will still only be estimation. A fixed fee service is where the Lawyer provides a quote before any of the work starts, and this price is guaranteed not to change. Some clients prefer this as it means they know exactly where they stand right from the start. Regardless of whether a Family attorney is charging a fixed fee or an hourly rate, they should discuss the fees with their client right at the point of initial engagement Additional CostsIn most Family Law matters, there are likely to be additional costs that will need to be paid alongside the legal fees. It’s important to understand what these costs are so that you can budget accordingly. Things Family Attorneys Can Do For You• Handling Divorce Issues: Undergoing a divorce is probably one of the most draining experiences that a family can face. Emotions may set in and make it impossible for a couple to settle it calmly. In such a case, a family law attorney can act as a mediator, and assist them to approach the issue rationally and within the law. In other words, a competent family law attorney can assist couples in the process of divorcing to settle the matter fairly without necessarily going to court. Family Lawyers In UtahWhen you need a family attorney in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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Clearfield Utah Divorce Attorney How To Find Out If A Divorce Has Been Filed? Criminal Defense Lawyer Alpine Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/family-attorneys-utah/ Utah Criminal Code 76-5-103.5: Aggravated Assault By PrisonerAny prisoner who commits aggravated assault not amounting to a violation of Section 76-3-203.6 is guilty of: Aggravated assault is an attempt to cause serious bodily harm to an individual with disregard for human life. Factors that raise an assault to the aggravated level typically include the use of a weapon, the status of the victim, the intent of the perpetrator, and the degree of injury caused. States classify certain assaults as aggravated under their criminal codes. They may also use more specific names such as assault with a deadly weapon. Often, aggravated assaults qualify as felonies, while simple assaults can be misdemeanors. Many states have multiple degrees of criminal charges for aggravated assault. Assault with a Deadly WeaponUse of a deadly weapon during an assault constitutes aggravated assault. This applies whether or not the weapon causes physical injury to anyone. Basic assault does not require physical harm, but rather that the perpetrator behaves in a way intended to put someone in reasonable fear for their safety. Someone who does this by threatening the person with a deadly weapon commits aggravated assault because the fear involved is fear of more grievous injury. Weapons classified as deadly weapons typically include things which could cause death or serious injury. Some weapons fit this bill including guns. Whether or not other objects constitute deadly weapons depends on the manner in which they are used in the assault. For example, a pocket knife is generally not considered a lethal weapon, but if held to a victim’s neck, it could be deadly. The Identity of the VictimSome assaults become aggravated depending on the status of the victim. For example, many states punish assault on police officers, fire fighters and even teachers as aggravated assault. Typically, for such an assault to rise to the level of aggravated the victim must have been performing his or her duty when assaulted and the perpetrator must have known of the victim’s status. In addition to possible punishment for aggravated assault, assaults on members of certain protected classes can constitute hate crimes. These can include assaults based on race, ethnicity, national origin, religion, sexual orientation, or disability of the victim. Intent of the PerpetratorThe mental state of the perpetrator can also push an assault from simple assault to aggravate. If he or she acted with the intent to cause severe harm or fear of severe harm, an assault can become aggravated. Depending on the state, reckless behavior can also constitute aggravated assault for example when someone acts with reckless indifference to human life, but without the specific intent to injure any particular person. If a dangerous or deadly weapon is involved, an assault may become aggravated even without any specific intent to injure. Degree of Injury to the VictimMore serious injuries to the victim can cause an assault to become an aggravated level. In most states, assaults causing serious bodily injury qualify as aggravated assaults. The seriousness of an injury will vary greatly from case to case. Injuries threatening death will qualify as a serious injury, as will those which maim or disfigure the victim. Some states specify by statute particular injuries that qualify as serious. If a method of assault which would normally cause death only causes more minor physical injury, some states will still punish it as aggravated assault (or even attempted homicide). Sexual assaults usually qualify as their own type of assault, but depending on the state, could be charged as assault/battery, sexual assault, aggravated assault or rape. Simple and Aggravated Assault Laws and PenaltiesAssault is a crime of violence, which is defined differently from one state to another. The Victim’s FearIn states that define assault as placing a victim in fear of violence, the victim’s response must not only be genuine but reasonable under the circumstances. The test normally is whether the defendant’s actions would cause a reasonable person to be in fear of an immediate physical attack. In other words, the victim’s response must be one that you’d expect from any reasonable person in the victim’s position. DefensesDefendants charged with aggravated assault have the usual defenses available to all criminal defendants, starting with “You’ve got the wrong person, it wasn’t me.” In addition, a defendant can claim self defense or defense of others and present evidence that the alleged victim initiated the confrontation and that the defendant was defending himself or another person from the alleged victim’s attack. That defense may take the form of showing that a weapon actually was in the victim’s possession or that the victim made the first threat or struck the first blow. Other possible defenses are that the defendant’s actions were purely accidental and that he had no criminal intent; or an insanity defense, in which the defense argues that the accused is mentally ill and did not have the capacity to control his behavior or to understand what he was doing or that his actions were unlawful. Factors that judges considerIn determining a sentence, judges usually consider the defenses presented at trial, whether the defendant has taken responsibility for the crime and shows remorse, circumstances surrounding the crime, the extent of any injuries incurred, the type of weapon used, the accuser’s prior criminal record and, in some situations, the victim’s background or relationship to the defendant. Sentence enhancementIn some states, assault against a special victim like a police officer or elderly person carries more severe penalties or is subject to sentence enhancement, which permits the court to add extra time to the sentence for the underlying crime. In many states, there also are more severe penalties or sentencing enhancement provisions if the deadly weapon used in an assault or battery is a firearm. Finally, in some states, the penalties are even more severe for certain types of firearms such as automatic weapons, machine guns, or guns that shoot metal-resistant bullets. Legal RepresentationAggravated assault is a very serious felony charge; a conviction for this crime can seriously impact your life. You could face a lengthy prison sentence and the stigma of being a convicted felon. Convicted felons cannot vote or possess firearms and often have difficulty finding employment. A competent criminal defense attorney can help you fight an aggravated assault charge, protect your rights and achieve the best possible outcome. An attorney will thoroughly investigate your case, aid you in asserting any possible defenses, and guide you through the criminal court process. ArrestThe most obvious way to find out if charges are being pressed is when you’re arrested, taken to the police station, and booked: your fingerprints are taken, among other requirements. You may be jailed to remain in police custody. You have a right to a criminal defense attorney, either your own or one assigned to you to represent your interests. You then appear before the judge may temporarily release you by setting bail or other terms. The judge tells you when to return for your next hearing. In the meantime, the police investigate the circumstances of your arrest and provide any evidence to the prosecutor. This process becomes part of your criminal record. Before the ArrestHowever, before the arrest, someone may have pressed charges against you, and the police are under no obligation to tell you if that has happened. If their investigation produces evidence of a criminal offense, it is the district attorney (DA)’s office who files a complaint and serves you notice to appear in court. The only way you’ll know about this is when papers arrive in the mail or a summons has been hand-delivered to you by another person. To find out if any paperwork is coming to you in the mail, you can contact the local criminal court and ask the clerk if any pending cases, warrants, or court dates have been filed. Ask the PoliceYou can also contact your local police department to run a warrant check on you, which uncovers any charges filed against you. Keep in mind that you have no rights to be informed of an ongoing investigation. This ensures that you do not hinder the police from performing their duties and do not harass victims and witnesses. You do have the right to see police reports so that you know what you are being accused of. If charges have been filed against you, you can ask for a copy of the police report through the DA’s office. This report contains such information as the names of all people involved, incident description, and date and place of the incident. Certain information may be redacted (blacked out) to protect the privacy of the person who brought the charges. Different Types of AssaultIn legal terms, assault is the threat or attempt to physically touch or strike a person in an offensive manner, regardless of whether contact is actually made. It only occurs if the victim is aware of the threatened touching and is apprehensive about it occurring imminently. Being afraid that someone might at some point offensively touch the victim in the future is not sufficient. The element for civil assault is basically the same as criminal assault, except that the victim must show the actual damages resulting from the assault in order to recover monetary compensation for their injury. Types of Assault• Simple assault is what was described above. It can occur whether or not a weapon is used and whether or not the victim suffers any physical injuries or only minor harm. Criminal Defense LawyerWhen you need a criminal defense 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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Probate Attorney South Jordan Utah? How Much Does It Cost To Stop Foreclosure Real Estate Lawyer Lindon Utah Clearfield Utah Divorce Attorney Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-criminal-code-76-5-103-5/ Clearfield, in northern Davis County, is bordered by Hill Air Force Base and the Wasatch Mountains on the east, and by Syracuse, West Point, and the Great Salt Lake on the west. It was one of the last communities to be settled in the north part of the county. Clearfield was once known as “Sandridge.” There was little available water and the land was thought to be unproductive. The name was later changed to Clearfield from the suggestion of a teacher, who got the idea as she looked out over the attractive open surroundings. An emigrant couple from England was the first settlers in Clearfield. Richard and Emily Hamblin had lived with relatives in Layton for a few years, and in 1877 they decided to make their own home in the area that is now Clearfield. Their first home was a dugout with a thatched roof of sagebrush covered with dirt. Water had to be brought in from Kay’s Creek in Layton, so Hamblin’s first concern was finding a closer water supply. He dug several surface wells without success until 1881 when he struck water. He made a windmill to supply irrigation water and grew strawberries, which he marketed. After the completion of the East Canyon Dam in 1884, water was supplied by the Davis and Weber counties canal. This brought more people to the area to live and to grow crops. Most settled in the area that is now Syracuse. Farming grew and the local farmers needed a market for their surplus produce. The Woods Cross Canning Cooperative was begun in 1892. It packed many different fruits and vegetables, but mostly tomatoes. The cannery grew as demand for canned goods increased. It employed hundreds of people each season, and was a significant Davis County employer before defense installations came to the county. During World War II, the orders grew and the supply of workers lessened. The cannery hired displaced Japanese-Americans as well as German and Italian prisoners of war, and the arrangement worked out well for all. The cannery closed after a fire in the late 1970s. By that time, farming in the area had decreased. In 1869 the Utah Central Railroad came through Clearfield. In 1905 the Bamberger Electric, another railroad, took passengers between Ogden and Salt Lake City, stopping in Clearfield. By 1940 alfalfa fields and forage crops were abundant and Clearfield was a peaceful farming community. However, the addition of defense installations in the area changed the scene. The efforts of the Ogden Chamber of Commerce helped bring Hill Field to Utah. The construction of the Air Force base began in 1940 and the facility eventually stretched along the eastern border of Clearfield. The base has provided many jobs for civilians and is one of Utah’s major employers. On the southwestern side of Clearfield, the U.S. Navy installed the Clearfield Naval Supply Depot. Residents of the area at first were very much opposed to the Navy’s intentions. However, the Ogden Chamber of Commerce supported the idea, stressing both patriotic and economic advantages. In May 1942 the Navy received authorization to buy the land, and it paid local farmers the fair market value for their crops which could not be harvested. Construction began in June 1942 and was finished in April 1943. Clearfield was considered a prime location for the depot because of its relative security from enemy attack, nearby air transportation at Hill Air Force Base, and the proximity of railroads and highways. The dry climate was ideal for storage, and there was a good supply of manpower. The depot was an important naval installation for the warehousing and distribution of supplies to West Coast supply points. During World War II years, it was difficult to fill employment vacancies, and the supply depot hired almost anyone willing to work. In April 1945, 500 German prisoners of war were assigned to the depot as work crews. After World War II, the depot handled surplus property. During the Korean War, the distribution workload increased again. After that conflict, the depot began to phase out. Many civilian workers left to take employment at Hill Air Force Base or at other government agencies and private industries. The depot was phased out by 1962. The facility did not stay empty long; private firms soon began moving into the large warehouse buildings. The area became known as the Freeport Center and today is a major western hub for manufacturing, warehousing, and distribution. The community was started by Mormons and the faith is still predominant in the city today. However, the defense installations brought in workers of other denominations, and Clearfield now shows a religious diversity. Along with eighteen LDS wards, there are Jehovah’s Witness, Church of Christ, Episcopal, Community, and two Baptist congregations. The community church concept was born in Clearfield out of the need for a Protestant place of worship for the incoming military workers after Hill Air Force Base was established. It was developed by the Home Mission Society of the American Baptist Church organization. The idea was to found a church that would include Christians of many denominations. Clearfield Community Church was the result, organized with forty-three charter members in 1943. In 1993 the population of Clearfield is approximately 24,000 people. Clearfield is an active community as part of the greater Wasatch Front community. Residents are still employed in farming, defense, and manufacturing, as well as in running local restaurants and businesses. The building of Interstate 15 has made it convenient for residents to commute to Ogden and Salt Lake City for work as well as cultural and higher education needs. Your divorce may prove to be one of the most emotionally disruptive events of your life. It’s a tough call to make. So when you choose to end your marriage, you’ll journey through conflicting emotions, ranging from relief to doubt. Most people describe divorce as a roller coaster. To cope, you’ll need to rely on friends, family, and your social community. The support they’ll offer is important to your healing process and you should welcome it. Knowing what to expect won’t obliterate the negative emotions you’ll feel. However, it will help you navigate the complexities, so you can successfully regroup. Emotions During the Divorce ProcessThere are common emotions people experiences during the divorce process. They are often referred to as the stages of grief. They include denial, anger, bargaining, depression, and acceptance. Naturally, these expand to more nuanced emotions that vary based on your circumstances. DenialThose who didn’t initiate the divorce often spend a significant amount of time in the denial stage. In certain cases, it may be the cause in a delayed response to divorce papers. Denial provides comfort as it allows people to distance themselves from an overwhelming reality. AngerThe anger stage is frequently visited by both parties. It is heavy with blame, rage, and cynically dissecting events in your marriage. Because people suppress their emotions while in denial, emotions unleash when they evolve to this next phase. It’s important to be patient with yourself, and encourage your spouse to do the same. Otherwise, it can become consuming. Hostile and vindictive decisions are often made in this phase. To best serve the interests of your family, allow yourself time to cope with the stress of the situation so you are not making decisions purely on emotion. BargainingThe initiator is often surprised that they struggle with the bargaining stage. For those individuals, what they’re actually battling is doubt and guilt. As they weigh the odds, it leads them to question their decision and analyze the consequences. However, going back and forth during this stage is common. DepressionTruthfully, the length of this stage is often long. It can also be the most difficult. It is the darkest period of the night right before dawn. At this point, the reality of the situation has settled in for both sides. This wave of understanding is often overwhelming, sometimes debilitating. During this phase it’s important to lean on your support system and accept help when offered. It’s important to seek counseling for children if they are also struggling with depression. For all parties affected, a trained and experienced therapist can be a worthwhile investment in long-term healing. AcceptanceMost people find what they consider peace during this phase. Beyond dealing with their reality, they are able to embrace it with hope for the future. You may still experience some negative emotions. It’s also common at this stage to briefly revisit one of the prior stages. Except, you are no longer consumed by those feelings. Though you are not getting your old life back, you will feel a sense of joy. Reclaiming some of your old self and welcoming the oncoming changes is empowering. Things to Tell (or Not Tell) Your Divorce LawyerIt’s difficult to be totally honest because the issues are personal and can be embarrassing. Even when you know conversations with your attorney are confidential, some things make you feel ashamed so you are reluctant to be totally open about them. For example, suppose you have slapped or spanked your child or you are having an affair. You may be tempted to omit these details but that’s dangerous because if your attorney doesn’t know about the potential problem, it may damage your case. Disclose All Relevant Information.It’s important to share all relevant facts with your divorce attorney so he or she can prepare for and deal with potential problems. Even if you think a particular fact is irrelevant to your divorce, make certain to mention it to your attorney so he or she can decide whether the item could create a problem down the road. You don’t need to tell your attorney everything about your marriage and children, but make certain to share all items relevant to the issues of your case. If you are in doubt about what your attorney needs to know, get guidance on what’s relevant. Provide a Written History of Your Marriage.It’s helpful for your attorney to have a written statement outlining the important facts in your marriage, including how you met your spouse, when you married, the names and ages of your children, your education, where you work, critical events in your marriage, what you think caused the divorce, and who wants the divorce. A good way to organize the history is chronologically from when you met your spouse. Put together a time line of important dates. Also, list the major assets you and your spouse own and any property that one of you claims is separate. Share Sensitive Information.You probably don’t want to tell your attorney you are having an affair or physically abusing your spouse or children, but it’s critical that your attorney knows about these difficult facts so he or she can be properly prepared to defend you if they come up in the course of your divorce. During the discovery process, if you opt for a litigated divorce, these facts are likely to come up and in a collaborative divorce; you are obligated to share all relevant information with the other side. Some attorney use investigators to search for damaging facts, and if there is a suspicion of an affair, an investigator is likely to be involved. If you are in an abusive relationship, make certain you tell your lawyer, even if you are ashamed of it. Also, if you have contracted a sexually transmitted disease or have hidden assets or debts, tell your lawyer. Issues to DiscussThere are a number of important issues you will need to discuss with your attorney during the first meeting, including child custody, child support, and spousal support, division of the marital estate, any separate property claims, community debts, and your expectations about the likely outcome of the case. You will want to discuss sole or joint custody of the children, standard visitation or shared custody of your children, who is likely to be responsible for paying child support, how much that might be, whether your spouse is eligible for spousal maintenance, and the division of your community estate. Make certain you share with your attorney any facts that might favor you getting a larger share of the community estate, such as higher income earned by your spouse, health issues, disability, separate property of both spouses, and whether there has been spousal abuse. Things Not to Say.Finally, there are some things you should not say to your prospective attorney, such as “I don’t care about costs because I want to punish my spouse, I want to bring a friend with me to our meeting, I need to get this over with as soon as possible because I want to remarry, or I will never pay child support to my ex-spouse.” Telling a lawyer you don’t care about costs may double your attorney’s fees. Bringing a friend to the meetings with your attorney may destroy attorney-client privilege. Being in a hurry will put you at a disadvantage and may increase the cost of your divorce. Never say never, because you will likely have to change your mind during the course of the divorce process. Finally, make certain you are clear about attorney fees, who will manage your divorce, and if you understand what your attorney has told you. Is it better to file for divorce first?When marriages begin to fall apart, most spouses know that something is wrong. However, many spouses are hesitant to be the first one to file for divorce. Some are unsure about whether divorce is really the solution, others may wonder if they are being hasty and still others may just not know how to proceed. While people’s hesitation to file divorce is understandable, people considering divorce should be aware of the potential benefits that accompany being the first spouse to file for divorce. Financial benefits of filing for divorce firstBeing the first spouse to file divorce means that a person can begin the proceedings at a time when he or she is financially prepared to do so. A person would have had time to collect copies of all important legal documents, such as deeds, bank and investment account statements, wills, life insurance policies, social security cards, titles to property. They will need these papers as part of the property division process, and it may be more difficult to obtain copies after the divorce starts. Also, a person can assess the family finances and determine the extent of their assets and debts, so they will have an accurate idea of what will be divided in the property division. People filing for divorce first also have the advantage of doing so after they have ensured that they have access to money and credit to meet their needs during the divorce process. Possible legal benefits of filing firstOne of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition. Such an order prevents either spouse from making changes to beneficiaries on policies such as life insurance or retirement accounts, selling, borrowing against or transferring property, changing bank accounts and other similar financial moves. This can be important if the spouse filing divorce suspects that the other spouse will attempt to hide assets. The person who files for divorce also chooses the jurisdiction in which they litigate the divorce. In situations where spouses have lived apart from each other for a substantial period of time, possibly great distances from each other, filing the divorce petition first can prevent having to conduct matters related to the divorce far away from where a person lives. If the matter should go to a hearing, the person who files the petition usually presents his or her case first. This can be a drawback for a spouse if he or she does not wish to reveal his or her strategy to the other spouse. The other spouse then has the opportunity to adjust the presentation of his or her case after seeing the other side. Talk to a lawyer todayMany people become paralyzed by indecision when faced with such a monumental question as whether to file for divorce, or just wait until their spouses file first. This is not a decision that a person should make without gathering all the information possible. Those who feel their marriages are coming to an end should speak with a seasoned divorce attorney who can discuss their specific situations with them and help them decide the best way to move forward. Divorce LawyerWhen you need legal help with a divorce in Clearfield 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
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Probate Attorney South Jordan Utah Terms To Know If You’re Going Public What Is A Construction Change Order? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/clearfield-utah-divorce-attorney/ Banking law is the broad term for laws that govern how banks and other financial institutions conduct business. Banks must comply with a myriad of federal, state and even local regulations. Lawyers perform a wide variety of functions that relate to creating, following and enforcing regulations. Multiple federal agencies oversee banking regulations. A bank or other financial institution might fall under regulations of the Federal Deposit Insurance Corporation (FDIC), the Federal Reserve System or the Office of the Comptroller of the Currency (OCC). Banks must know what federal and state regulations they must comply with. Many federal banking regulations are found in chapter 12 of the U.S. Code. As the American economy expands in the 21st century, lawmakers became concerned about the influence that banks have on the economy. When banks struggle, the effects spread to consumers and the public as a whole, they reason. Lawmakers create banking regulations in order to ensure that banks conduct regulations in a fair and transparent way. Banking regulations change frequently and they remain controversial. Banking laws may exist in order to achieve many objectives. Some of these objectives include: Major Banking Laws How to Sue a Bank • Evaluate your options: The attorneys you interview will give you their analysis of your case and your chances of success in court. Typically they’ll lay out several possible paths for you to choose between. If you decide to hire an attorney, get a written statement of the costs and fees you will pay, and when they’ll be due. In some situations, such as if your dispute concerns a relatively small amount of money, an attorney may decline to take your case. If that happens, the attorney may tell you about other options available to you, such as filing a regulatory complaint or suing the bank in small claims court. Suing in Court• Always consult an attorney: You don’t need an attorney to file a case in small claims court. However, you may want to talk to an attorney or adviser before you file your lawsuit to make sure you’re filing in the right court. Some courts have self-help centers or small claims advisers who will help you free of charge. Contact the court in your area to find out what resources are available. If you previously interviewed attorneys for help with your case, they may be willing to give you advice or assistance on suing in small claims court. Banking LawyerWhen you need legal help from a banking lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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How To Legally Get Out Of A Contract Criminal Defense Lawyer Lindon Utah How Much Is A Divorce After 5 Years Of Separation? Probate Attorney South Jordan Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/banking-attorney/ As the old saying goes, you can’t take it with you when you die. But a probate lawyer can help surviving family members settle your debts and distribute your assets after you’re gone, with or without a will. Generally speaking, probate lawyers also called estate or trust lawyers help executors of the estate (or “administrators,” if there is no will) manage the probate process. They also may help with estate planning, such as the drafting of wills or living trusts; advise on powers of attorney; or even serve as an executor or administrator. Hiring a Probate Lawyer: With a Will In South JordanThe process will likely go smoother when the decedent has drafted a will prior to his or her death. If an individual dies with a will, a probate lawyer may be hired to advise parties such as the executor of the estate or a beneficiary on various legal matters. For instance, an attorney may review the will to ensure the will wasn’t signed or written under duress (or against the best interests of the individual). Elderly people with dementia, for example, may be vulnerable to undue influence by individuals who want a cut of the estate. There are numerous reasons that wills may be challenged, although most wills go through probate without a problem. Additionally, a probate attorney may be responsible for performing any of the following tasks when advising an executor: Hiring a Probate Lawyer: Without a Will In South JordanIf you die without having written and signed a will, you are said to have died “intestate.” When this happens, your estate is distributed according to the intestacy laws of the state where the property resides, regardless of your wishes. For instance, the surviving spouse receives all of your intestate property under many states’ intestate laws. However, intestacy laws vary widely from state to state. In these situations, a probate lawyer may be hired to assist the administrator of the estate (similar to the executor) and the assets will be distributed according to state law. A probate lawyer may help with some of the tasks listed above but is bound by state intestacy laws, regardless of the decedent’s wishes or the family members’ needs. A relative who wants to be the estate’s administrator must first secure what are called “renunciations” from the decedent’s other relatives. A renunciation is a legal statement renouncing one’s right to administer the estate. A probate attorney can help secure and file these statements with probate court, and then assist the administrator with the probate process (managing the estate checkbook, determining estate taxes, securing assets, etc.). Important Benefits of Working with a Probate AttorneyWhen a loved one dies, the profound sense of loss can overwhelm you. It’s important to take time to heal. You should step back from your job duties and household responsibilities. It’s essential to maintain a connection with family and friends. And if you’re the executor or executrix of your loved one’s estate, or if they had no will, you should seek professional guidance and assistance from a probate attorney. When you’re in charge of handling an estate, you must navigate the probate court system and comply with court guidelines and schedules. You’ll execute complicated will provisions, create complex court required documents, obtain a federal tax identification number, secure a probate bond and manage funds. Even minor estate matters can present added burdens when you’re least prepared to handle them. It’s not a time for a DIY legal fix. Your probate specialistAny attorney can agree to handle your probate case, but only probate attorneys are dedicated probate specialists. They don’t negotiate injury claims or defend criminal matters. Probate attorneys resolve probate and trust cases only. They know probate court rules, forms, procedures, court officials, and probate complications. They perform the same tasks and see different versions of the same issues every day so they understand what’s critical to your case. No upfront feesYou don’t have to pay a retainer or any other attorney fees to get your case moving forward. Your probate attorney will eventually receive payment for services but only after the case is finalized. Probate legal fees are approved by the court and paid out of the proceeds of the estate. You’ll never have to worry about budgeting for legal expenditures. Time to connect with familyEstates can be complicated and time-consuming. The process can seem like an endless stream of details, documents, and court requirements. The activity can take you away from friends and family members when they need you most. Probate attorneys shoulder these responsibilities on your behalf and keep you apprised of the details. If your attorneys require an answer or an action from you or need to inform you of a hearing or procedure, they keep you notified. Faster ResolutionIf you attempt to administer an estate without professional help, you’ll eventually learn by trial-and-error. You’ll get it done, but it’s not a prudent, efficient, or timely way to handle such an important matter. Probate cases involve a lot of details. Your best effort can translate into a long, drawn-out, frustrating process. Probate attorneys don’t have that learning curve. They have the knowledge and experience to expedite the process and that can make a big difference in your peace of mind Freedom from liabilityWith so many details to master, it’s easy for an inexperienced administrator to make a mistake. If you fail to properly marshal assets, pay heirs or creditors or perform other required tasks, you may be financially liable for your inadvertent error. Your probate attorneys can perform these tasks more accurately and efficiently. And if they commit an error, they assume the responsibility instead of you. Minimal disputesEstate cases sometimes trigger disputes that end up in litigation. The resultant court cases can take years to resolve. The legal fees and expenses can reduce the estate’s value. Probate attorneys minimize the chance of disputes by handling cases in the most efficient, effective, professional, and timely manner. You Need a Probate ProfessionalWhen you’re responsible for administering an estate, the added responsibilities can monopolize your time. In the absence of a will, the process can become even more complicated Probate attorneys can minimize problems, expedite the process, and give you more time to care for your family. What Will The Probate Lawyer Do?You don’t have to turn everything over to a lawyer these days; legal services are available a la carte. This can save on legal fees. Most people, thankfully, don’t need to hire a lawyer very many times in their lives. And even if you’ve gone to a lawyer for a business matter, real estate transaction, or a divorce, working with a probate lawyer is likely to be a different kind of experience. Some things are the same whenever you hire a lawyer, though: to fully understand what’s going on, you will probably need to ask a lot of questions, and to keep costs down, you will have to take on some of the routine work yourself. Here are some issues to think about as you begin your relationship with a probate lawyer. Who Does WhatWhen you’re winding up an estate, there’s usually a lot of legwork to be done things like making phone calls and gathering documents. Many of these tasks don’t need to be done by someone with a law degree. So if you’re paying the lawyer by the hour, you’ll probably want to volunteer to take on some of this work yourself. Just make sure it’s clear who is responsible for what tasks, so things don’t fall between the cracks. For example, make sure you know who is going to: Dealing With Beneficiaries and CreditorsIf everyone gets along, it probably makes sense for you, not the lawyer, to field questions from beneficiaries. It will save money, and you’ll know what beneficiaries are concerned about. If you send regular letters or emails to beneficiaries to keep them up to date (this usually helps keep them from fretting), you might ask the lawyer to review your communications before you send them, to make sure you’ve got everything right. Getting Legal Advice as You GoCheck in with the lawyer regular to see if anything is happening with the probate case. Usually, no news is good news. State law requires you to keep the probate case open for months, to give people time to come forward with disputes or claims but in most probates, beneficiaries don’t argue about anything in court, and few creditors submit formal claims. By all means, ask the lawyer any questions you have about the proceeding. But if the lawyer is charging by the hour, try to be efficient when you communicate. If you can, save up a few questions and ask them during one phone call or visit to the lawyer. But if you are unsure about taking a particular action that will affect the estate for example, you want to give one needy beneficiary his inheritance months before the probate case will close get legal advice before you act. Will You Need to Hire a Probate Lawyer?If you read the conventional advice for executors, the first step is usually hire a lawyer. And you may well decide, as you wind up an estate, that you want legal advice from an experience lawyer who’s familiar with both state law and how the local probate court works. Not all executors, however, need to turn a probate court proceeding over to a lawyer or even hire a lawyer for limited advice. If the estate that you’re handling and doesn’t contain unusual assets and isn’t too large, you may be able to get by just fine without a lawyer’s help. To determine whether or not you may be able to go it alone, ask yourself the questions below. (If you don’t know the answers, ask a lawyer before you agree to hire the lawyer to handle things for you.) The more questions you answer with a “yes,” the more likely it is that you can wrap up the estate without a professional at your side. Can the deceased person’s assets be transferred outside of probate? The answer to this question depends on how much (if any) probate-avoidance planning the deceased person did before death. Ideally, all assets can be transferred to their new owners without probate court. Some common examples of assets that don’t need to go through probate are assets are held in joint tenancy, survivorship community property, or tenancy by the entirety. Assets held in a living trust can bypass probate, too. Probate is also unnecessary for assets for which the deceased person named a beneficiary—for example, retirement accounts or life insurance policy proceeds. Does the estate qualify for your state’s simple “small estate” procedures? It’s best if no probate at all is required, but if that isn’t an option, figure out whether the estate can use “small estate procedures. In most states, these include streamlined “summary probate” and an entirely out-of-court process that requires presenting a simple sworn statement (affidavit) to the person or institution holding the asset. Every state has its own rules on which estates can use the simpler procedures. But in many states, even estates that are fairly large not counting non-probate assets can use the simpler processes. Are family members getting along? Will contests are rare, but if a family member is making noises about suing over the estate, talk to a lawyer immediately. Probate lawsuits tear families apart and can drain a lot of money from the estate in the process. A lawyer may be able to help you avoid a court battle. How a Probate Lawyer Assists a Personal RepresentativeThe probate lawyer advises and assists with four areas of responsibility when representing the personal representative of an estate: Collecting AssetsAn attorney might assist in helping the executor locate and secure both probate assets and non-probate assets, and determining date-of-death values by appraisal, if necessary. The executor will be required to collect any life insurance proceeds if the estate is named as beneficiary, and rolling over and making appropriate elections with regard to retirement plans, including IRAs and 401(k)s. The attorney will assist with all this. Eventually, the decedent’s real estate and other assets will have to be retitled in the names of the estate beneficiaries if they’re not being sold. The lawyer typically takes care of this paperwork as well, then the executor can distribute what’s left of the decedent’s assets to the beneficiaries after bills and taxes are paid. Handling FinancesA probate lawyer will advise on the payment of the decedent’s final bills and outstanding debts, and will prepare and file all related documents required by the court. The executor must keep track of the estate’s checking account, and the attorney might oversee this as well, in addition to determining if any estate taxes or inheritance taxes will be due at the federal or state levels. If so, the attorney will figure out where the cash will come from to pay these taxes, as well as any income taxes due from the decedent’s last year of life. Settling DisputesThe attorney will settle any disputes that arise between the personal representative and the estate’s beneficiaries, and assist with the sale of estate property. It’s the attorney’s responsibility to request court permission for various actions as required by state laws, including the sale of property. Court approval can help reassure unhappy beneficiaries. Death CertificateIt usually takes between 2-4 weeks to obtain a death certificate from the county. You certainly are not required to wait until you obtain a death certificate before you go see the probate attorney, but one will be required in order to complete the paperwork for the Court. Generally, the law office will retain at least one original death certificate. Banking InformationGather and bring with you a copy of each statement of the decedent. The most recent statement will suffice. This includes checking, savings, IRA, CD, and credit union accounts. Retirement statementMost retirement benefits will end upon the death of the decedent but this not always the case. It is prudent to bring any retirement information with you to the appointment with the probate attorney so they can determine if any benefits remain or will continue to the beneficiaries. Address bookBring you address book for the relatives of the decedent. It may be required to provide notice to relatives (even if they are not named in the will or trust). The court requires that they receive notice at the last known address. This is usually the most difficult information to provide to the attorney, but nonetheless, it’s a constitutional requirement. Original Will and/or TrustThis probably goes without saying, but brings the original will or trust to the attorney. In Utah you need to probate a will within 3 years of death. We prefer to file the probate case within 30 days of death. If you have exceeded this time frame do not delay in contacting a probate lawyer right away. List of AssetsThe probate attorney will have to inform the court what assets were owned by the decedent at the time of death. Any and all information you can find regarding the assets will be helpful to the attorney. This may include deeds, property information, financial planner contact information, and other documents. Probate LawyerWhen you need help with probate law, estate planning, wills, trusts, guardianships and more, 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 Legally Get Out Of A Contract Real Estate Lawyer Riverton Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/probate-attorney-south-jordan-utah/ Utah Criminal Code 76-5-102.9: Propelling a bodily substance–Penalties1. As used in this section, a listed substance or material is: Class A MisdemeanorsMisdemeanors are a category of crimes that are generally less serious crimes (as opposed to felonies). Within the definition of misdemeanor, there are also levels of seriousness. Each jurisdiction may have its own classification system. This means that each state in the U.S., as well as the federal government, has its own method of classifying misdemeanors. Many states, as well as the federal government, use a letter classification system. These systems may still vary. In some states, the classes include only A, B, C and D. Other states may include more letters, and, therefore, more classes. Generally, in most states, as well as at the federal level, a class A misdemeanor is the most serious, and carries the greatest consequences. The last letter in the sequence indicates the least serious category of misdemeanor. Some jurisdictions use other methods of classification, for example, some use a number classification system. A misdemeanor is typically punishable by a jail sentence of no more than one year, and a fine of a certain amount. This would generally be for a Class A misdemeanor, since that is generally the most serious level of misdemeanor. Lower-level misdemeanors may carry sentences of only months or days. If an offense requires more than a year of jail time, it will typically be considered a felony. Conviction of a felony can result in a sentence in a federal prison. Misdemeanors sentences, however, are most often carried out in a local or county jail. Class A misdemeanors, being the most serious type of misdemeanor, can involve sentences that are similar to a less serious category of felony. Common Examples of Class A MisdemeanorsMisdemeanor classifications can vary a lot by jurisdiction. Not only do they vary in their classification systems in whether they use letters, numbers, and how many, but different jurisdictions may place different crimes at different levels of seriousness. For instance, one state may categorize simple assault (assault without aggravating circumstances, such as using a weapon) as a Class A misdemeanor, while other states may choose to categorize it differently based on what makes sense for their own system of law. However, a lot of commonalities may still be seen across jurisdictions regarding how crimes are classified. Here are some examples of crimes that are commonly considered to be Class A misdemeanors (or the equivalent): Penalties for Class A MisdemeanorsSince Class A misdemeanors are the more serious category of misdemeanor, they accordingly carry the highest penalties. This means that the greatest punishment one can receive for a misdemeanor will typically involve a Class A misdemeanor. The common penalties for Class A misdemeanor or the equivalent are: How Long does a Class A Misdemeanors Stay on Your Criminal Record?Class A misdemeanors are not automatically removed from your record after a certain period of time. In some cases, they can be removed from your record, either if a court seals your record, or if you have the offense expunged from your record. You will likely need to apply for the expungement. In order to be a candidate for expungement, you must meet all terms of the sentence given to you, including completion of any probation. Whether you are granted expungement will also depend upon the nature of your crime. How can a Lawyer Help Me with a Class A Misdemeanors Charge?Since this is the most serious type of misdemeanor, with the most serious consequences, you should consult with an attorney, who can: Should I Hire a Lawyer for Class A Misdemeanor Charges?A Class A Misdemeanor is a serious crime, with a possible jail time of a full year. If you have been charged with this crime, you should contact an experienced criminal lawyer immediately. Your attorney will be able to represent you in any court proceedings, and advise you throughout the process. Difference between Misdemeanors vs. FelonyA misdemeanor is a less serious crime than a felony. Felonies are the most serious crimes you can commit and have long jail or prison sentences, fines, or permanent loss of freedoms. Misdemeanors usually involve jail time, smaller fines, and temporary punishments. Misdemeanors are more serious than infractions. Under federal law and in most states, a misdemeanor is a criminal offense that carries a potential jail term of less than one year. Some states define a misdemeanor as a crime that is not a felony or an infraction Just as infractions are sorted into classes misdemeanors are as well. Under the federal sentencing guidelines, the classes are divided up by the maximum imprisonment for the offense. FelonyA felony is the most serious type of crime. The term felony is not uniform throughout the United States, while the federal government defines felony as a crime with a punishment of more than one year; states are less strict about the definition. Typically, though a sentence of more than one year that will be served in a state or federal prison will be considered a felony. As with misdemeanors, Federal law breaks down classifications for felonies using sentencing guidelines by the amount of prison time. Types or Categories of CrimesMost criminal systems in Utah divide their crimes into several different categories depending on the seriousness of the crime. The major categories are: infractions; misdemeanors; and felonies. However, within these categories there may be different levels or classes. The major categories are almost always determined by the amount of jail time that is possible. It’s important to know how the court system treats a particular case in order to understand the differences. As a general rule, however, when trying to figure out what the difference is between a misdemeanor and a felony, you can look to the maximum potential jail time for the crime for the answer. InfractionIn general, infractions are the least serious type of crime. An infraction is the violation of a rule, ordinance, or a law. In most jurisdictions, there is no jail time associated with an infraction and it will not appear on a criminal record. Typically, payment of a fine will be the only punishment, but federal law classifies an infraction as a crime with a jail sentence of not more than five days. Traffic tickets are examples of an infraction, but other offenses may also be categorized as infractions, such a trespassing, littering, disturbing the peace, and other petty offenses. Generally, a peace officer will see someone doing something wrong, write a ticket and hand it to the person. The person then has to pay a fine. Infractions usually involve little to no time in court (much less jail). However, infractions can turn into a more serious crime if left unaddressed or unpaid. It is not uncommon that an infraction has different classes (i.e. moving violations, non-moving violations, and other petty offenses). The law typically provides for an increasing range of fines and potential penalties for the different classes within the infraction category. How Judges Set BailJudges set bail based initially on a “bail schedule,” but they can raise or lower the amount, based on the circumstances of the case. Judges ordinarily set a bail amount at a suspect’s first court appearance after an arrest, which may be either a bail hearing or an arraignment. Judges normally adhere to standard practices (for example, setting bail in the amount of $500 for nonviolent petty misdemeanors). However, judges can raise or lower the standard bail, or waive bail altogether and grant release on the defendant’s “own recognizance.” Defendants do not need a lawyer to arrange for bail. They can either post cash bail personally, or phone a bail bond seller and arrange for a bond. Relatives or friends can come to a jail or court and post cash bail for an arrested person or purchase a bond from a bail bond seller. Factors That Influence Bail AmountsIn addition to the seriousness of the charged crime, the amount of bail usually depends on factors such as a defendant’s past criminal record, whether a defendant is employed, and whether a defendant has close ties to relatives and the community. Setting Bail By AlgorithmIn recent years, courts have started using math to inform decisions about pretrial release. In these jurisdictions, select information about the defendant is entered into a program and a score or recommendation comes out. These bail algorithms, which consider factors like age and criminal history, are supposed to assess the risk that the defendant will commit another crime or fail to appear in court. Judges may legally deny bail altogether in some circumstances. For example, if another jurisdiction has placed a warrant (hold) on a defendant, a judge is likely to keep the defendant in custody at least long enough for the other jurisdiction to pursue its charge. And bail may be denied to a defendant who is likely to flee the jurisdiction before the case concludes. Bail SchedulesIn many areas of the country, defendants can post bail with the police even before they are brought to court for a bail hearing or an arraignment. Many jails have posted bail schedules, which specify bail amounts for common crimes. An arrested defendant can obtain release immediately after booking by paying the amount of bail set forth in the jailhouse bail schedule. Bail schedules can vary considerably according to locality, type of crime, and residency. As a general rule, bail for offenses classified as felonies is five to ten times the bail required for misdemeanors. The more serious and dangerous the crime, the higher the amount of bail is likely to be. As a general rule, a jailhouse bail schedule is inflexible. The police will not accept bail other than as set forth in a schedule; suspects wanting to pay less must go before a judge. As an alternative or in addition to jailhouse bail schedules, some areas have duty judges. A duty judge is available to fix bail over the phone, without the necessity for a formal court hearing. Like a jailhouse bail schedule, using a duty judge is an option for arrested persons who are anxious to bail out of jail before going to court. Police Practices That Affect Bail AmountsUnfortunately for many suspects who want to bail out of jail quickly, the police tend to arrest suspects for the most serious criminal charge that can possibly be supported by the facts at their disposal. For instance, the police may treat possession of a small amount of marijuana (a misdemeanor in most states) as an arrest for possession of marijuana with intent to sell (a felony in all states). Even though such a charge will almost certainly be reduced to a misdemeanor later in the case, it is a felony for the purposes of the bail schedule, and bail will be set accordingly. Terms Used In Utah Code 76-5-102.9• Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement. Criminal LawyerWhen you need legal help with propelling a bodily substance charges against you, 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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Family Lawyer South Salt Lake Utah Do I Need A Lawyer For A Foreclosure How To Legally Get Out Of A Contract Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-code-76-5-102-9/ The first thing you should realize is that it is the court’s job to enforce contracts. If you signed something, you are oftentimes going to be held to it. That is why we have contracts and contract law in Utah. With that said, there are sometimes that you can get out of a contract, or break a contract. We’ll discuss some of those here. A contract is a legally binding agreement that places mutual obligations on the involved parties. It usually requires an offer and an acceptance of the offer by parties who are lawfully deemed competent to enter into this type of agreement. A contract is a serious promise, and there can be serious consequences if the contract is intentionally or unintentionally broken. Some of the most common cases in today’s small claims court likely involve some kind of contract breach. if you need to know how to get out of legally binding contracts, you need to know that there are legal ways to void contracts that you’ve signed. It just depends on how the contract was written because, contracts are written or oral agreements, they are typically enforceable by law. There are some circumstances where you can break a contract. These include actions (or lack of actions) in fulfilling the commitment and any statutes intended to protect consumers .There are many reasons you may want or need to terminate a contract. A contract may be terminated if certain conditions have changed since the contract was created. Some contracts may also be voided if the contract was never legal in the first place. If you decide to terminate a contract, you should make sure that the termination will result in the least amount of damages for you. • The other person gives up first: If the other party backs out first or gives any indication that he or she is no longer interested in upholding his or her end of the deal, you’re typically free from the contract. In legal terms, this is called an anticipatory breach or anticipatory repudiation. Undue Stress: Also known as duress also encompasses the same harm, threats, or restraint exercised upon the affected individual. Duress is distinguishable from Undue Influence, a concept employed in the law of wills, in that the latter term involves a wrongdoer who is a fiduciary, one who occupies a position of trust and confidence in regard to the testator, the creator of the will. Duress also exists where a person is coerced by the wrongful conduct or threat of another to enter into a contract under circumstances that deprive the individual of his or her volition. Claim breach of contract. If the person you are in the contract with knowingly fails to keep the terms of the contract, you may terminate your end of the contract. The person who broke the contract has no right to complain that you ended the contract. Since she breached the contract, they have no say in whether or not you terminate the contract. When you breach, a court (or more likely an arbitrator) will determine what the breaching party owes for the contract. This can include: Utah Contract LawyerWhen you need legal help to enforce a contract or break a contract, 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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Divorce Lawyer West Jordan Utah Can You Beat A DUI With A Public Defender? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/how-to-legally-get-out-of-a-contract/ Most people have never been involved in a lawsuit. As such, many accident victims and their families are anxious about pursuing a personal injury claim. It is true that a lawsuit could result in a trial before a jury, but most don’t, and the process should not be a stressful one. The steps below will help you understand the various stages of a personal injury lawsuit, from the initial consultation with an attorney through the resolution of your case. Meeting with a Personal Injury AttorneyIf you’ve been injured because of someone else’s carelessness, the first step, after getting medical treatment, is to consult an experienced personal injury attorney to get a professional opinion as to whether you have a valid claim. Bring any supporting documentation, medical records, and notes you’ve taken about your situation. Most personal injury lawyers provide free consultations, so steer clear of lawyers who charge fees just to meet with you. Evaluating the AttorneyHaving the right personal injury attorney on your side can mean the difference between winning and losing your case, so choose yours carefully. Ask the attorney about his or her level of expertise and track record handling your type of case, their policy regarding communicating with clients, and any other questions you might have. At the initial meeting, the attorney will ask you many questions in order to get a full understanding of your case. Be wary of any attorney who, during the initial meeting, makes promises about how much money you can expect to receive. Good lawyers need more time to truly evaluate the value of your case, and they sometimes need to get experts involved too. Hiring a Personal Injury Attorney and Understanding How They Get Paid Investigating Your CaseYour attorney will research your case at this stage to fully understand how you were injured and the extent of your injuries, damages, and costs. He or she will then contact and deal with the insurance company directly and possibly with the attorney representing the party who injured you. Your attorney will keep you aware of any negotiations and significant developments throughout the lawsuit process. Your focus should be on getting the medical attention you need and returning to your normal routine. Settling Your Case Prior to Filing a LawsuitMany personal injury claims, especially ones involving car accidents, are resolved before a lawsuit is filed. As your attorney negotiates with the insurance company representing the party who injured you, a monetary offer may be presented to your attorney to settle the case. If a settlement offer is made, your attorney will inform you about the offer and give his or her opinion on whether you should accept it. You ultimately decide if the settlement is acceptable. Filing Suit In Court – Pretrial PhasesIf an adequate settlement cannot be reached, your attorney will file a lawsuit in court. A judge will then set a deadline for each phase of the lawsuit process. The process can take several months to several years depending on the complexity of your case. • Complaint and Answer Phase: The Complaint is the document detailing your allegations regarding how you were injured and the extent of your damages. It is usually filed in the county where your injury occurred or where the party who injured you (defendant) resides. After filing, the Complaint is personally served on (delivered to) the defendant(s). The defendant must answer the Complaint in a set period of time, usually 30 days. The Answer is the document in which the defendant admits to or denies the allegations of the Complaint. • Discovery Phase: During this phase, each party gathers testimony, evidence, documents and information from each other and from third parties regarding the case. Written discovery includes questions, also known as interrogatories, and requests for documents. Oral discovery, known as depositions, also takes place. During a deposition, witnesses, experts, and each party are questioned by a lawyer. Your involvement is crucial, so be sure that your attorney has your latest contact information. • Motions Phase: The defendant can file a motion before or after discovery is complete to get the Court to take action on their behalf. The motion can ask the Court to dismiss one or more of your claims or even the entire case. Your attorney typically has 28 days to file a written response in opposition to the motion. Sometimes a hearing is held so that the Court can consider both sides of the arguments. Going To MediationMediation is a form of alternative dispute resolution that can be requested at any time during the court case. It involves both parties, their attorneys, and a neutral mediator who acts like a referee between the parties. During mediation, both sides present their case and engage in settlement negotiations as facilitated by the mediator. Mediations are non-binding, meaning that the parties can accept or reject the offer. Going to TrialWhen a case goes to trial, your attorney presents his or her side to the judge or jury, then the party who injured you (defendant) puts on their defense. After each side presents their arguments, the judge or jury determines: if the defendant is liable (legally responsible) for your injuries and harm, and if so, the amount of damages the defendant must pay you. Post TrialSometimes your case is not over even if a jury gave a verdict in your favor. The defense could appeal the case and ask a higher (appellate) court to reconsider the verdict. If an appeal is not brought, it can still take some time to distribute the monetary award. Before you get paid, your lawyer is required to first pay any companies that have a legal claim to some of the money, known as a lien, out of a special escrow account. After that, your attorney simply writes you a check and the money is yours to keep. Your personal injury lawsuit is now over. How To File A LawsuitEvery day in Utah, lawsuits are filed on behalf of those who feel they have been wronged by another person, party or entity. A lawsuit is a civil action that is brought forth in a court of law where a party claims to have incurred loss as a result of another parties action. The person or party filing the claim is called the plaintiff and the person who the claim is against is called the defendant. Here’s how to file a lawsuit: Contact An Attorney For A Free ConsultationIt’s always best to speak to an attorney to get a free case evaluation regarding your case. They can let you know if you have a legitimate claim or not. And not all attorneys are the same. There are good ones and bad ones. Choosing the right attorney can make all the difference in the outcome of your case. Not only if you win or lose, but how much you win. It’s important to choose an attorney who specializes in the area of law relating to your case. Additionally you want to make sure they have a proven track record of winning cases similar to yours. You may also be wondering how much your case is worth. There is no simple answer as all cases are different and depend on many factors. A great attorney can help take a case that is offered no settlement or a tiny settlement into a very large settlement. Attorneys That Work On A Contingency Fee BasisThe great thing about a contingency fee arrangement is you don’t need to pay any money up front to hire a lawyer. They will take a percentage of the amount they recover for you. This typically ranges from 30%-45%. If the case goes to trial it will be in the higher part of that range since trial gets very expensive. If you think that sounds like a lot, there are times when the insurance company will offer someone who doesn’t have a lawyer representing them pennies on the dollar of what their case is actually worth. Here’s a hypothetical situation. Person A is injured in a car accident and the insurance company offers them $20,000 to settle their claim since they don’t have an attorney. Person B gets into a similar accident with similar injuries but they hire a lawyer who is able to negotiate a $120,000 settlement. The attorney charges 33% and after attorney fees person B gets a check for $80,000. Some attorneys that normally work on contingency include: How To File A Lawsuit Without An AttorneyAlthough in most cases it is the smartest choice to seek the professional legal counsel of an experienced attorney, there are many reasons that people want to represent themselves when filing a lawsuit, with saving money in attorney fees being the most common. Anyone in Utah has the right to represent themselves in court and file a lawsuit without an attorney. In fact, when it comes to small claims court people are even encouraged to represent themselves, because small claims court was designed to be accessible to both lawyers and non-lawyers. If you are considering taking on the task of representing yourself, an action known as pro se litigation, there are some measures that you can take to immensely benefit your case. • Identify the Five W’s: Who, what, when, where and why? Although a simple enough question, it is important that you make the distinction of who you are filing your claim against. For example, if you were in a car accident and either you incurred an injury or damage was done to your vehicle, you will have to decide whether you are going to file a claim against the other driver, the owner of the vehicle (if not the driver) or their insurance company. You will also need to identify on what grounds your lawsuit is based and why you are seeking compensation. When, the issue of timing needs to be addressed because most claims are subject to a statute of limitations. This means that you have a fixed time in which to bring about a lawsuit, from the time the event occurred. Lastly, you will need to figure out where you will be filing your lawsuit. For example, many issues can be resolved in small claims court. The question of “where” also refers to the geographic region in which a case may be tried. You should research where the defendant lives, because you can file a suit either where they live or where the incident took place.
• Discovery: This is a part of the litigation process during which you may request information from the defendant that is relevant to your case. You will usually have 30 days to retrieve this information. The purpose of discovery is to allow you to find out pertinent information such as the defendant’s version of the facts, witness testimony they may have and any other documents or evidence. There are numerous methods of retrieving this knowledge: Lawyers in 84604It’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 Park City Utah How Do You Tell Your Husband You Want A Trial Separation? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/84604-attorneys/ Divorce is very common in Utah, United States with almost half of all marriages ending in divorce or permanent separation. Commitment has been shown to be a clear factor in why some couples stay together. There are times when divorce is necessary, but those in other circumstances often later indicate they wish they would have tried harder before divorcing What Percentage of Marriages End In Divorce?Researchers estimate that 40%-50% of all first marriages will end in divorce or permanent separation and about 60% – 65% of second marriages will end in divorce. Although divorce has always been a part of American society, divorce has become more common in the last 50 years. Changes in the laws have made divorce much easier. The highest divorce rates ever recorded were in the 1970s and early 1980s. Divorce rates have decreased since that time, but still remain high. What Factors Are Associated With A Higher Risk For Divorce?Over the years, researchers have determined certain factors that put people at higher risk for divorce: marrying young, limited education and income, living together before a commitment to marriage, premarital pregnancy, no religious affiliation, coming from a divorced family, and feelings of insecurity. Most Common Reasons People Give For Their DivorceResearch has found the most common reasons people give for their divorce are lack of commitment, too much arguing, infidelity, marrying too young, unrealistic expectations, lack of equality in the relationship, lack of preparation for marriage, and abuse. Many of the common reasons people give for their divorce can fall under the umbrella of no longer being in love. Research suggests the nature of love changes over time. If you feel as if you have fallen out of love, marriage counseling may help offer a new perspective that will help you rediscover that love. Why is commitment so important?Commitment as “having a long-term view of the marriage that helps us not get overwhelmed by the problems and challenges we experience day to day.” Having a personal dedication to your marriage involves a real desire to be together with one’s spouse in the future and having an identity as a couple. When there is a high level of commitment in a relationship, we feel safer and are willing to give more. Developing this level of commitment can take time as you learn to change your mindset. When your level of commitment seems to be fading it can be helpful to remember the good times in your relationship. Some couples are faced with very difficult situations, such as abuse, infidelity, or addictions. Each of these situations deserves special consideration: Abuse And DivorceWhen there is a pattern of abuse in a marriage or in a family, not surprisingly there is evidence that ending the marriage is usually best for all involved. While some spouses are able to end and overcome abuse, abused spouses and children are usually better off when the marriage is ended. Sometimes, ending a marriage with an abusive spouse can be dangerous, however. It is probably a good idea to work with a domestic violence shelter in your community to help you end the relationship safely. Infidelity And DivorceMost Americans say they would end their marriage if their spouse cheated on them. However, many couples (50-60%) who have dealt with infidelity in their marriages find the will and strength to stay together. Also, consider getting help from a well-trained marriage counselor and/or a dedicated religious leader, who will help you heal, decide what to do, and repair the marriage, if you decide to stay together. Recovering from infidelity can be very difficult to do without some help. Addictions And DivorceAddiction can come in many forms, such as alcohol, drugs, gambling, or pornography. In some cases, the addict can recover and the marriage can be repaired. In other cases, it is best for the spouse and children to separate from the addict to see if progress can be made. Each person has unique circumstances and must decide what is right for her or him. Again, consider turning to a trained professional and/or a religious leader to help you know how best to handle your situation. Extramarital Affairs And DivorceAccording to a report published by AARP, infidelity still plays a significant role in why people file for divorce. It is reported that about 17 percent of divorces are caused by one or both partners being unfaithful. However, usually there is an underlying reason that causes a spouse to cheat, including anger, resentment, having varied interests, growing apart, or unequal sexual appetites. Physical Appearance And DivorcePhysical attraction to your partner can predict marital satisfaction in the long run. According to a recent study, conducted longitudinally, men reported feeling happy in their marriage if they perceived their wives as being attractive, with their satisfaction increasing over time. Women reported feeling about the same over time, without their satisfaction increasing or decreasing. For men, their spouse’s physical appearance can act as a future predictor for successful or unsuccessful marital outcomes. Money And DivorceIn fact, lack of money can often cause marital problems to flare into a divorce filing. A married couple facing financial difficulties is often under a lot of stress, which in turn can lead to constant arguing and lack of communication. Couples who don’t see eye to eye on spending habits or that are in relationships where one spouse controls the finances are at risk for a divorce, with an estimated 40% of divorced couples noting this as the main reason for ending the relationship. Lack of Communication And DivorceHealthy communication is one of the most important ingredients when it comes to a successful marriage. If one or both partners are not willing to work through their communication issues, marital satisfaction declines as both partners’ needs are no longer being met. Once parties stop communicating effectively, marital troubles that can lead to divorce may not be too far behind. Incompatibility And DivorceNothing stays the same. Over time people grow, develop, and change. Around 55 percent of divorced couples cite growing apart from their spouse as their primary reason for ending the marriage. When partners’ lives, interests, or dreams become incompatible, the marriage can begin to suffer as a result. Divorce Magazine reports that incompatibility is often the reason people end up filing for divorce. Incompatibility can also lead to a spouse seeking interaction with a person of the opposite sex, which can lead to infidelity. UnhappinessUnhappiness lies at the root of a high number of divorces. Sometimes individuals don’t realize that love is not enough to keep you happy. Some people get married and then realize that they are not cut out for marriage and what can come with that type of lifestyle. Research states that marital dissatisfaction is one of the top predictors for divorce. Parenting Style DifferencesParenting is an even larger undertaking than getting married. Once children come into the picture, priorities change, lifestyles change, and for sure sleeping habits are impacted. Differences in parenting style is a major reason couples seek divorce. For example, imagine one parent believes in letting a child cry and the other believes in a more hands-on approach. Unless the parties can communicate and work out a common solution, issues like this could lead to a split. Different Perceptions of EqualityA couple can marry with the expectation that both will share equally in the amount of work to run a household, as well as for expenses and financial decisions but in reality one spouse ends up in control or expected to do more than another. Or they can marry with an expectation based on their culture or religion that the division of labor and responsibilities will be unequal at the outset. Over time this can lead to anger and resentment by the spouse who feels they are treated unequally. If the couple cannot communicate and follow through with a respectful and fair distribution of labor and responsibilities for their home, finances and child rearing tasks, this can lead to a broken marriage and divorce. Lack of IntimacyMarriages were sex becomes rare or nonexistent are likely to end in divorce. Marriages can become sexless for several reasons, such as the partners growing emotionally apart, too busy and tired from work and caring for children or for medical issues, mental health problems and physical disabilities. Without counseling, marriages can fall apart without regular physical and emotional intimacy. About 15 to 20% of marriages in the U.S. are “sexless” and about 50% of these results in a divorce. Medical ProblemsOne spouse suffering from a serious or debilitating illness can often lead to divorce. In addition to a health problem causing problems for physical intimacy, it can lead to substance abuse, depression and anxiety, as well as financial issues like debt. More often than not, research has found that it is an illness suffered by the wife that leads to divorce. A wife with a stroke and heart disease in particular appear to significantly increase the chance of divorce. Religious DifferencesAlmost half of all marriages in the Utah are between interfaith couples. If these couples do not seriously discuss prior to marriage how religion will be handled in child rearing and other serious life events, divorce can result. Surveys have found that couples in interfaith marriages are at a risk of divorce that’s three times higher than non-interfaith couples. Leading Causes of Divorce In UtahWhen you see problems on the horizon within your marriage, it is best not to wait until they are beyond fixing to address them. If you review the most common reasons for divorce, many are issues that can be resolved if both parties are open to working on them. Finding appropriate marriage counselors or support groups can be a great way to begin working through marital issues that continue to crop up. Of course, in situations where violence and abuse are present, the safety of the victimized spouse and any children should be the primary concern. If you do decide to get divorced, take time to process your emotions and seek support if needed. Utah Grounds for DivorceIn all divorce cases, couples must provide the court with a legal ground to terminate the marriage. Although there are different ways to apply for dissolution of marriage (divorce), every case requires the applicant to list a specific reason for the request. Some states allow parties to file for a fault divorce, which is where you claim that your spouse’s behavior during the marriage caused the relationship to fail. Acceptable grounds for fault divorce vary depending on where you live, but the most common include adultery, drug or alcohol abuse, or abandonment. All states permit couples to request a no-fault divorce, meaning that neither spouse is individually responsible for the breakup. Typically, no-fault divorces are based on irreconcilable differences. In these cases, couples need to prove to the court that despite your best efforts, there are too many issues in the relationship for reconciliation to be possible. The most appealing factor of no-fault divorce is that spouses can ask the court to terminate their marriage without the need for finger pointing or mud-slinging. Many states also offer a divorce based on a separation for a specific period of time. Utah and No-Fault DivorceIf you’re not interested in airing your dirty laundry in a public courtroom setting, no-fault divorce is probably the best option for ending your relationship. Utah courts understand that many people, primarily parents, want to preserve what’s left of their bond after a divorce, so it allows couples to pursue a divorce using its no-fault procedures. For divorcing couples to be successful, the parties will need to explain to the court that their marriage has suffered irreconcilable differences. Judges don’t usually make it a habit of questioning the motives behind a no-fault divorce, so if you are willing to testify, under oath, that you and your spouse can’t work things out, a judge will grant your divorce. If you can’t prove irreconcilable differences to the court, you can also apply for a no-fault divorce if you and your spouse have lived separate and apart from each other for a minimum of three years. Your Spouse’s Bad Behavior May Help You Get a DivorceNo-fault divorce is by far the most popular method of ending a marriage, but for some couples, it’s not the right choice. As an alternative, Utah gives couples the option of petitioning the court for a divorce based on a spouse’s bad conduct during the marriage. Divorce LawyerWhen you need legal help with a divorce, child support, child custody, asset division in divorce or modification of a divorce decree 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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