Utah offers some probate shortcuts for “small estates.” These procedures make it easier for survivors to transfer property left by a person who has died. You may be able to transfer a large amount of property using simplified probate procedures or without any probate court proceedings at all — by using an affidavit. And that saves time, money, and hassle. Utah has a procedure that allows inheritors to skip probate altogether when the value of all the assets left behind is less than a certain amount. All an inheritor has to do is prepare a short document, stating that he or she is entitled to a certain asset. This document, signed under oath, is called an affidavit. When the person or institution holding the property — for example, a bank where the deceased person had an account — gets the affidavit and a copy of the death certificate, it releases the asset. The out-of-court affidavit procedure is available in Utah if the value of the entire estate subject to probate, less liens and encumbrances, is $100,000 or less. An affidavit may also be used to transfer up to four boats, motor vehicles, trailers or semi-trailers if value of estate subject to probate, excluding the value of the vehicles, is $100,000 or less. There is a 30-day waiting period. Simplified Probate ProceduresUtah has a simplified probate process for small estates. To use it, an executor files a written request with the local probate court asking to use the simplified procedure. The court may authorize the executor to distribute the assets without having to jump through the hoops of regular probate. You can use the simplified small estate process in Utah if the value of the entire estate, less liens and encumbrances, does not exceed the homestead allowance, exempt property, family allowance, costs of administration, reasonable funeral expenses, and reasonable medical expenses of the last illness. The executor files a sworn statement that says the estate assets are less than the value described above, describes the estate assets, declares the executor has distributed assets to the inheritors, and sent the inheritors and known creditors a closing statement and provided them with a closing statement. Can I avoid probate?If you don’t own any land, and your estate is less than $100,000, no probate is required. It is possible to arrange your affairs so there is no estate to probate upon your death. For example, you can give all your property away the day before you die. You might also arrange that you own everything jointly with someone who you expect will survive you. “Joint tenancy with rights of survivorship” means simply that every person named on the title as your joint tenant who survives you will own the property without it becoming part of your estate. If you and your spouse own your home as “joint tenants”, upon your death (if you die first) your spouse will own the home without probate to transfer ownership. The same rule applies to ownership of all things you own, although the law does not usually include the power of joint ownership for such items of property as furniture or clothing or jewelry. Joint tenancy has disadvantages. If your child owns your bank account with you jointly, the child could take the money and spend it for herself. If a creditor gets a judgment against your child, the creditor could claim the account. If your child dies before you or gets divorced, the child’s spouse might become a part owner. If your child is a joint owner of your home, she could block you from selling it. There are also tax problems: if you give property away, you may be required to file a gift tax return; and if your child (to whom you deeded a joint tenancy) sells your home after your death, the child may have to pay capital gains tax. Probate of your estate including your home avoids the capital gains tax. Using a trust also avoids this tax. A safer method than joint ownership of monetary accounts is to designate the accounts to be “Paid on Death” (POD) to named beneficiaries. For example, you can make your spouse a co-owner of your accounts, and designate your children as POD beneficiaries on the account record. After your and your spouse’s deaths, any balance in the account will be paid to your children (who need only prove your death and their identities). Your children are not “owners” of the account while you are alive, so none of the children can make withdrawals, nor can their creditors. Another option is to give all your property to a trust that manages the property for your benefit while you are alive and distributes the property as you direct when you die. Such a trust is often called a “living trust” because you establish it while you are alive. It is also called “revocable” because you ordinarily retain the right to revoke the trust. If you give your property to a trust, here are some things to think about: • If only your spouse survives you, your spouse gets the entire estate. For simple estate plans, some attorneys prefer to use a traditional will rather than a revocable trust, a pour-over will and a general assignment. Using a traditional will requires that the estate go through probate. When a person dies without an estate plan, the first question to ask is whether any of her property was held in joint tenancy or had a valid beneficiary designation attached to it. At death, property held in joint tenancy automatically passes to the surviving joint tenant. Property that is subject to a valid beneficiary designation (such as a retirement plan, the proceeds under a life insurance policy or, in some cases, a bank or brokerage account) passes to the beneficiary designated. When a person dies without an estate plan, she is said to have died “intestate,” and any property that is not disposed of under a joint tenancy arrangement or under a beneficiary designation is distributed under the rules of intestate succession. In Utah, the rules of intestate succession provide as follows: If the deceased person was married when she died, and if she has no descendants (children, grandchildren, etc.), or if all of her descendants are also her surviving spouse’s descendants, then all of her property passes to her surviving spouse. If the person was married, and if she has descendants who are not the surviving spouse’s descendants, the surviving spouse receives $75,000 off the top, plus one-half of the balance of the deceased person’s property. The balance of the deceased person’s property passes to her descendants. If the deceased person was not married when she died, the property passes to her descendants. If the deceased person has no descendants, it passes to her parents, and if her parents are not living, it passes to her brothers and sisters or to the children of deceased brothers and sisters. Some people with very simple estates are content to rely upon joint tenancy arrangements, beneficiary designations and the rules governing intestate succession. However, one should consult with one’s attorney before deciding to go that route. At the very least, a person with minor children should have a simple will that nominates guardians for the children in the event the person dies while the children are still minors. It is generally advisable to have a revocable trust rather than a traditional will. Where a revocable trust is used, the dispositive terms of the estate plan (i.e. the “who gets what” provisions) are contained in the revocable trust. A revocable trust accomplishes two important things. First, it avoids the need for probate of one’s estate after one dies, and probate is generally something to be avoided. Second, a revocable trust avoids the need for a court-supervised conservatorship in the event one becomes incapacitated. In Utah, the probate process is not as inconvenient as it is in many other states, which means the need to avoid probate is not as pressing in Utah as it is in some other states. However, a court-supervised conservatorship is always a burdensome process, and avoidance of that alone may be a sufficient reason to have a revocable trust. Note that a revocable trust avoids probate and a conservatorship only to the extent that a person’s assets are transferred into the trust. If the assets are not transferred into the trust, the revocable trust serves no purpose. As noted above, some Utah attorneys prefer to use a traditional will rather than a revocable trust for small, simple estates. Their reasoning is that probate in Utah is relatively easy; clients often do not transfer their assets to the revocable trust, in which case the assets must pass through probate anyway; and the preparation of a revocable trust, a pour-over will, a general assignment and the deeds to transfer real estate to the trust will cost more than the preparation of a traditional will. The primary arguments in favor of using a revocable trust are that even with stream-lined probate procedures, it is still better to avoid probate; a probated will is a matter of public record, while a revocable trust is private; a revocable trust is helpful to avoid a court-supervised conservatorship; if the client owns real property in another state, a revocable trust will avoid the need for (and cost of) an ancillary probate in the other state; a revocable trust will avoid the need for probate if the client moves to a state that has very cumbersome probate procedures and most clients can and will get their assets transferred to their revocable trusts if they are given the appropriate guidance. Ultimately, a Utah client should discuss with his or her attorney whether a traditional will or a revocable trust best suits the client’s individual needs, and what the respective cost will be of each option. How does a revocable trust avoid probate?Property must pass through probate if it is held in the decedent’s name at the time of death, unless it was held in joint tenancy with another person or has a valid beneficiary designation. Property that is held in a revocable trust is not titled in the name of the decedent. It is titled in the name of the trustee of the trust. It is therefore not subject to probate. Property held in a revocable trust avoids probate even if the decedent was the trustee of her own revocable trust. Indeed, in most cases, a person will serve as trustee of her own revocable trust. What matters is that title to the property was held by her in her fiduciary capacity, as trustee of the revocable trust, and not in her own name as an individual. Merely having a revocable trust does not avoid probate. The decedent’s property must be held in the revocable trust. Only property that is held in the revocable trust will escape probate. Property that is not held in the revocable trust will have to pass through probate, unless it is held in joint tenancy or has a beneficiary designation. Once a person signs a revocable trust, she should immediately transfer her property to the trust. For real estate, this is accomplished by signing a deed transferring the property from her name, as an individual, to her name as trustee of the trust. If a person acquires real estate or opens new bank or brokerage accounts after the revocable trust is created, title to that newly-acquired property should also be taken by her in her capacity as the trustee of the trust, not in her individual capacity. Some property, such as property that is held in joint tenancy and property that has a beneficiary designation need not, and should not, be held in a revocable trust. Property that is held in joint tenancy escapes probate. On the death of one joint tenant, it passes outside probate to the surviving joint tenant. One would not, therefore, hold joint tenancy property in a revocable trust. Similarly, property that has a valid beneficiary designation escapes probate. On death, it passes, outside probate, to the beneficiary designated. One would not, therefore hold a life insurance policy, a retirement plan or a bank or brokerage account in a revocable trust if the policy, plan or account has a beneficiary designated. Indeed, one cannot transfer ownership of a retirement plan to a revocable trust because only the employee may be the owner of the plan during her lifetime. How does a revocable trust operate?While the creator of a revocable trust is alive and mentally competent, she has complete control over the revocable trust and the property held in the trust. She can amend or revoke the trust at any time; she can withdraw property from the trust at any time; and she has complete control over how the trust assets are invested. If the creator of the revocable trust becomes incapacitated, the successor trustee identified in the trust will immediately step in and begin to manage the trust property. No court involvement will be needed. Similarly, when the creator of the trust dies, the successor trustee assumes control of the trust property and begins the process of paying creditors, paying taxes and distributing the property to the persons who are entitled to it under the terms of the trust, without the need for court involvement. Frequently, a husband and wife will create a revocable trust together. Most often, they will serve as co-trustees of the trust. They will have the power, acting together, to amend the trust at any time, and either spouse, acting alone, will be able to revoke the trust at any time. If one spouse becomes incapacitated, the other spouse will serve as sole trustee. Upon the death of one spouse, the trust may divide into several new trusts, as described under “Basic Estate Tax Planning” on this website. What is the Probate Process in Utah?To distribute the assets of the estate, the probate process in Utah must be completed. It can be quick and easy with informal probate or a lengthier process with formal probate. In either case, certain steps must be taken. Probate Lawyer and Estate AttorneyWhen you need to speak to a probate lawyer in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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Utah Code 76-5-102.6: Propelling Substance Or Object At A Correctional Or Peace Officer–Penalties1. Any prisoner or person detained pursuant to Section 77-7-15 who throws or otherwise propels any substance or object at a peace officer, a correctional officer, or an employee or volunteer, including a health care provider, is guilty of a class A misdemeanor, except as provided under Subsection (2). 3. If an offense committed under this section amounts to an offense subject to a greater penalty under another provision of state law than under this section, this section does not prohibit prosecution and sentencing for the more serious offense. Degree of CrimeDepending on the facts, propelling a substance or object at a correctional or peace officer can be charged as a class A misdemeanor or a 3rd degree felony. ElementsA defendant commits a class A misdemeanor propelling a substance or object at a correctional or peace officer when they are detained and throw or otherwise propel any substance or object at a peace or correctional officer. A defendant commits a 3rd degree felony propelling a substance or objects at a correctional or peace officer when they are detained and throw or otherwise propel any substance or object at a peace or correctional officer; and the object or substance is: RestitutionThe court may order the accused to pay restitution if convicted of this crime. DNA Specimen AnalysisA defendant convicted of a class A misdemeanor or 3rd degree felony propelling a substance or object at a correctional or peace officer must provide a DNA specimen. Imprisonment• 3rd degree felony: A term of imprisonment not to exceed 5 years. FirearmsA defendant convicted of a 3 degree felony propelling a substance or object at a correctional or peace officer may not posses, use or have control of a firearm or ammunition for life. Different Levels Of Assault Charges In UtahAssault charges range from a Class B misdemeanor to a second-degree felony. Depending on the circumstances of the assault and on its results, a person convicted of assault could spend up to 15 years in prison. Assault is typically considered a Class B misdemeanor, punishable by up to $1,000 in fines and up to 6 months in jail. However, it can be classified as a Class A misdemeanor if the victim is pregnant or if the act causes substantial bodily injury to the victim. A Class A misdemeanor carries up to one year in jail and $2,500 in fines. You can also face multiple counts of assault depending on the situation when you were arrested for the charge. For example, let’s say you got into a bar fight with three different people. You would then face three separate counts of assault. You only got into one fight, but it’s compounded due to the number of people involved. This means you could be facing up to 3 years in prison versus just the original 1 you would have faced with a normal Class A misdemeanor. Aggravated Assault Charges In UtahAggravated assault is any assault that includes the use of a dangerous weapon. According to assault law, a dangerous weapon is any item that can cause death or serious bodily injury. Typically, aggravated assault is a second-degree felony that carries a prison sentence of 1-15 years and up to $10,000 in fines. If you are facing charges of aggravated assault, you could also be facing the additional charge of carrying a dangerous weapon with the intent to cause harm or to display it in a threatening manner. When your charges are compounded, it increases your potential jail time and any additional fines you might have to pay. Prosecution For Assaulting A Peace OfficerAssault is a criminal offence. Assaulting a peace officer is deemed an ‘aggravated assault’ and is treated more seriously by the courts. Peace officer’s ‘duty’This is not defined by statute; however, the courts will take into account what was necessary for the police to do to protect life and limb, to keep the peace, to prevent crime and to detect crime. Willful obstructionAt common law, a peace officer is under a duty to keep the peace and prevent a breach of the peace. Willful obstruction of a peace officer is most likely to occur when the officer is exercising these common law powers. Willful obstruction typically occurs during protests when peace officers are attempting to prevent a breach of the peace, but protesters refuse to stop certain activities and obstruct peace officers performing their duties. Assaulting A Peace OfficerAssaulting a peace officer can happen at any time when a peace officer comes into contact with the public and there is the potential for a peace officer to be assaulted. This can often happen in demonstrations when they turn violent, or can happen when an officer is trying to arrest someone. Where, for example, someone resists arrests and punches the officer, this will be an assault. To prove a charge of assaulting a peace officer, the crown must establish that an assault has taken place. The law states that an assault is committed when a person attacks another person by intentionally or recklessly causing another to apprehend the immediate infliction of unlawful force. Assault may also be a battery (when a person intentionally and recklessly applies unlawful force to another). If a peace officer is assaulted at a time when he was not exercising his lawful duties, the offender may still be charged with common assault which carries a lesser sentence. On conviction of assaulting a peace, the defendant faces a sentence of up to 6 months’ imprisonment and/or a fine of up to £5,000. On conviction of obstructing a peace officer, the offender can be sentenced to up to 1 month in prison and/or a fine of $1000. How an Attorney Defend an Assault on a Peace Officer Case?These types of assault charges are serious. There are several strategies a lawyer will use in your defense: • Were there any violations of your Constitutional Rights before, during or after the arrest? Self-DefenseSelf-defense is an effective defense to use in criminal law cases that involve the use of violence. However, a defense lawyer must prove a peace officer attacked his or her client first. Another way to argue self-defense is to assert a client felt threatened by a peace officer. Self-defense works only when the force used to repel an attack by a peace officer is proportionate to the force applied by the peace officer. Constitutional ViolationsAssault against a peace officer will trigger strong emotions from other law enforcement officers at the scene of the alleged crime. In reaction to an alleged assault, one or more peace officers might shirk their duty to uphold the constitution. Is Assaulting a Peace Officer a Misdemeanor or FelonyIt’s important to remember peace officers are honorable people who act with integrity and are serious about their difficult job. The profession is held to a high standard, so assaulting a law enforcement officer will not play over well in court. As mentioned earlier, assaulting a peace officer is classified as fourth-degree assault, which has the potential to be charged as a felony or misdemeanor depending on the facts of your case. According to the Utah law, physically assaulting a police officer without bodily harm is a gross misdemeanor punishable by: Felony fourth-degree assault is punishable by up to three years in prison, a fine of up to $6,000 or both a fine and incarceration. Defending charges for assault against a peace officer is not easy, especially since the offense commonly stems from situations of miscommunication. Defending the crime may come with its challenges, but not all hope is lost. The statute requires that you knew or had reason to believe the alleged victim was a peace officer acting within their line of duty. It may be beneficial to try and prove you did not know the alleged victim was, in fact, a peace officer. For example, the peace officer may have been dressed in plain clothes or was a non-identified school official. Another common defense against charges for fourth-degree assault is self-defense. But keep in mind; Utah states that the type and level of self-defense must be reasonable. You will have to prove you had reason to believe you were in danger and that your response was reasonable for the situation. Additional defenses could include you were defending other people, property or you were misidentified as the assailant. No two cases are alike, and there is no one defense strategy suitable for every case. The best defense you can take is contacting a criminal defense lawyer. They can evaluate the facts of your case and formulate a defense plan in your best interest. Terms Used In Utah Code 76-5-102.6• Bodily injury: means physical pain, illness, or any impairment of physical condition. Police Officer Assault LawyerIf you’ve been charged with assaulting a police officer in Utah, you need a great criminal defense lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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Should A Single Person Have A Will? Do First Time DUI Offenders Go To Jail? Title Issues In The Foreclosure Process Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Utah Code 76-5-102.6 first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/utah-code-76-5-102-6/ Foreclosure is the legal process that allows a lender or the subsequent loan owner (the “bank”) to sell a property to satisfy a homeowner’s debt. The goal of a foreclosure is to eliminate the owner’s interest in the home, as well as wipe out any junior interests in the property. So, before foreclosing, the bank will order a title search from a title company. The title search will show all of the parties with an interest in the subject property—like lien holders, judgment holders, and others. The foreclosing bank will then name the parties whose interests it wishes to foreclose as defendants in the foreclosure action to clear them off title. What Is Clear Title?Title defects—like unreleased judgment liens, mortgages that were paid off but not released, and other encumbrances—are known as “clouds” on title. A cloud on title could potentially invalidate or impair a property’s title, making it difficult or impossible to sell. Title searches are run to look for clouds on title. A property title that doesn’t have any clouds is considered clear. Purpose of a ForeclosureHomeowners occasionally face back-to-back foreclosures when the title to the property has problems after the first foreclosure. (Often, a foreclosing bank is able to amend its foreclosure complaint to add parties who were left out of the original complaint; but the bank must amend the document before the foreclosure is complete.) When a subordinate lien holder or other junior interest is omitted from a foreclosure action, its lien or interest isn’t extinguished unlike the lien or interest of a party that’s properly named and served in the lawsuit. The purchaser at the foreclosure sale (usually the foreclosing bank) then takes title to the property subject to the omitted lien or party. Unless the excluded parties agree to release their lien or sign a quitclaim deed, a court’s assistance is required to clear up the title. Without clear title, the bank can’t resell the property to a new owner. So, the bank might then (depending on state law) opt to reforeclose to deal with the parties who were inadvertently left out of the foreclosure action. The reforeclosure action cleans up the property’s title and gives the bank clear ownership. A bank might choose to reforeclose if the foreclosure sale has already taken place and, for instance: How Foreclosure Generally WorksGenerally, the right to foreclose passes with the property’s ownership. Because the foreclosing bank is usually the high bidder at the foreclosure sale (and becomes the home’s new owner), it will typically conduct the foreclosure. But if a third party buys the home at the foreclosure sale, that person or entity might foreclose. The foreclosure complaint (lawsuit) will allege that the omitted lien holder or other party’s interest is inferior that is, it has a lower priority than the foreclosed mortgage. The complaint will further state that the lienor or other party was inadvertently left out of the foreclosure action and, if it had it been included, the foreclosure sale would have removed it from title. Assuming the newly named defendant doesn’t answer the suit or redeem the property by paying off the mortgage, the court enters a judgment of foreclosure. The lien or other interest is then extinguished, and another foreclosure sale is held. The purchaser at the foreclosure sale gets title to the property free of the interests of all parties foreclosed in the original lawsuit, as well as those named in the reforeclosure. Understanding The Foreclosure ProcessMost of us understand that when we borrow money to buy real estate we sign a document that requires us to pay back the money over time to the bank. Most borrowers loosely refer to that debt as a “mortgage.” When our most recent market bubble burst many Americans, unfortunately, became intimately familiar with what happens when they don’t make their mortgage payments. Title Theory vs. Lien TheorySimply put the foreclosure process your state follows can depend on whether the state laws subscribe to the idea that a loan is simply a lien against your property “lien theory” or that a loan is a conveyance of title to the lender until the borrower pays back the loan in full “title theory.” English mortage law follows title theory, therefore when our country began, the mortgage laws required title “ownership” of the home be transferred to the lender until the debt was paid off. Mortgage vs. Trust DeedAlthough many Americans call the loan against their property a mortgage, many of them actually agree to a different instrument with their lenders – a Trust Deed. The differences include both the number of parties involved in the transaction, who technically holds title to the property, and ultimately how the foreclosure process will proceed. A mortgage is an actual document that borrowers sign and convey to their lender in order to secure a debt on their home. It involves two parties, the borrower (mortgagor) and the lender (mortgagee), and creates a lien against the property that is normally recorded in public records. This lien prevents the borrower from transferring title or ownership until the debt (mortgage) is paid in full and the lien released. The title holder during the loan period can be either the borrower or lender depending on which custom is practiced in the state where the property is located – “title theory” or “lien theory.” As discussed above, the borrower conveys title to the lender during the loan term in a “title theory” state and continues to hold title in “lien theory” states. When a mortgage is the security instrument, the lender usually has to go through a court action to foreclose. This is called a judicial foreclosure. Unlike a mortgage, a trust deed (aka deed of trust) involves three parties – the borrower (trustor), the lender (beneficiary), and the trustee. The purpose of the trustee is to act as a neutral third party holding title until the debt is paid in full. Who is eligible to be a trustee varies from state to state although most often trustee services are provided by either a title company or an attorney. Actually, trust deed agreements include two documents, the trust deed which conveys title to the trustee and the promissory note between the lender and the borrower, outlining the terms of the agreed upon loan. Another significant difference is in the foreclosure process. When a deed of trust is involved, foreclosure is faster, less expensive, and less complicated than when a mortgage is the security instrument. If the loan becomes delinquent, the trustee has the power to sell the home (as conveyed in the trust deed itself). As protection to the borrower, the lender must first provide the trustee with proof of delinquency and request that foreclosure proceedings be initiated, then progress according to law and as dictated by the deed of trust. This type of foreclosure does not have to go through the court system and is commonly referred to as a non-judicial foreclosure. Judicial vs. Non-Judicial ForeclosurePerhaps the most vexing position to hold as a lender is to be plaintiff in a lawsuit against the unfortunate family, in financial hardship, facing the prospect of losing their family home. In many states across the country foreclosure proceedings still take place in a court of law, sometimes in front of a jury, to decide whether or not a lender can take back real estate in the foreclosure process. Limited to lien theory states, the timely and arduous process provides defaulted borrowers opportunity to defend their ownership and requires lenders to meticulously follow procedural laws. The judicial foreclosure process begins with the lender filing a complaint and recording a notice of Lis Pendens (it’s important to note both the predure and form will vary by state). The complaint will state what the debt is (amount and the real estate by which it’s secured), and why the default should allow the lender to foreclose and take the property pledged as security for the loan. The homeowner is given a notice of the complaint (NOC) either by mail, direct service, or publication of the notice, and will have the opportunity to be heard before the court. If the court finds the debt valid and in default, it will issue a judgment for the total amount owed, including the costs of the foreclosure process. After the judgment has been entered, a writ will be issued by the court authorizing a sheriff’s sale. The sheriff’s sale is an auction, open to anyone, and is held in a public place, which can range from in front of the courthouse steps, to in front of the property being auctioned. Sheriff’s sales usually require cash to be paid at the time of sale; however they may sometimes allow a substantial deposit with the balance paid later that same day or up to 30 days after the sale. At the end of the auction, the high bidder will be the owner of the property, subject to the court’s confirmation of the sale (another key difference between judicial and non-judicial sales). After the court confirms the sale a sheriff’s deed is prepared and delivered to the highest bidder, when recorded, the high bidder becomes the new owner of the property. Non-judicial foreclosures, on the other hand, are processed without court intervention, in accordance to the foreclosure procedures established by state statutes. When a loan default occurs, the homeowner will be mailed a default letter, accompanied by the filing of a Notice of Default (NOD). If the homeowner does not cure the default within the time-lines specified by the state where the property is located a Notice of Trustee Sale (NOTS) will be mailed to the homeowner, posted in public places, recorded at the county recorder’s office, and published in area legal publications. After the legally required time period has expired (21 days), a public auction called a Trustee Sale will be held the highest bidder becomes the owner of the property, subject to their receipt and recordation of the deed. Auctions of non-judicial foreclosures will generally require cash or a cash equivalent either at the sale, or very shortly thereafter. Although each state dictates their own foreclosure procedures, all foreclosure actions follow either a judicial or non-judicial method. Which method typically depends on the legal theory (lien or title) practiced in the state and which instrument (mortgage or trust deed) is used to secure the debt. The implications of these actions can determine other key factors in the foreclosure process such as deficiency judgments or rights of redemption. Ordering a Title SearchAt minimum, when purchasing a bank-owned property, you should conduct a search of public records that contain information about liens and outstanding property taxes. You can also order a title search on the property from a title company, although no title company will ever deliver a 100 percent guarantee that a property’s title is free defects. However, title companies conduct thorough title searches and provide a fairly reliable abstract of title, or recitation of a property’s ownership history. Mortgage Lender Title InsuranceThere are two types of title insurance, one for owners and one for lenders. A lender’s title insurance policy protects only the mortgage lender, not the property owner. If you’re using a mortgage to purchase a bank-owned property, the lender may require you to purchase lender’s title insurance on its behalf. Lender’s title insurance covers the amount of the mortgage loan, and the premium price is based on the loan’s initial amount. Lender’s Title Insurance CostsTitle insurance policy costs vary by location and other factors, such as a mortgage loan’s amount. If you’re using a mortgage to purchase a bank-owned property and the seller provides owner’s title insurance, you’ll only need to pay for a lender’s policy. Other title-related fees such as deed recording and closing services may also be part of your closing costs when buying bank-owned property. Lien SurvivabilitySeniority rankings on property titles give property liens their ability to survive foreclosures. Except for property tax liens, which are superior to all other liens, first mortgage liens occupy superior positions on property titles. When a mortgage lender forecloses after its borrower defaults. it’s doing so to satisfy its mortgage lien only. Subordinate liens on property titles frequently aren’t paid off during first mortgage foreclosure and could remain attached to a foreclosed property’s title. Clearing LiensSurviving foreclosed property title liens could be paid off from the property’s sale proceeds. Of course, the simplest way to eliminate foreclosed property liens that you’ve become responsible for is to pay them yourself, though the cost might be significant. Another common method for eliminating liens on property titles is through use of ‘quiet title’ lawsuits. If lien holders don’t object or if they lose in court, a quiet title lawsuit can effectively eliminate existing liens on a property’s title. Foreclosure LawyerWhen you need legal help for a foreclosure in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you with real estate law, foreclosures, quiet title actions, real estate opinion letters and more.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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Criminal Defense Lawyer Bluffdale Utah Can The Chapter 7 Trustee Sell My House? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Title Issues In The Foreclosure Process first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/title-issues-in-the-foreclosure-process/ Construction law involves any legal issue related to the construction of a building or other structure. Legal issues related to construction activities can arise under federal, state, or local laws. Federal statutes, such as workplace safety regulations and employment laws, can impose requirements on worksites and hiring practices. States may impose additional regulations on top of federal ones, which can range from safety and employment to environmental rules. City and county ordinances may impose additional restrictions on zoning and construction noise. With all of the levels of government playing a role in construction regulation, legal issues can arise in a number of ways. Common construction-related legal disputes include workplace injuries and accidents, construction defects, contract issues, and problems with obtaining the proper planning or building permits. Terms to Know• Defect – A flaw in a construction plan or building that creates an unreasonable risk of harm in its normal use Other Considerations When Hiring a Construction LawyerFinancial issues are some of the most common types of legal issues that can arise during a construction project. Some construction projects go over budget due to unanticipated labor or materials costs. Alternatively, some customers refuse to pay construction companies for a finished product that does not meet their expectations. When these legal issues arise, construction companies and contractors have a variety of legal options, ranging from suing for breach of contract to placing a lien on the finished work. Many contractors seek legal help immediately upon notice of a brewing financial dispute in order to protect all of their legal rights. Government contracts play a large role in construction law. When bidding on a government construction project, contractors must pay close attention to the specifications of the job to ensure that they will be able to comply with any additional requirements. Because the law related to government contracts is constantly changing, many contractors bidding on government work may need legal counsel sooner than they might otherwise expect. If you are facing a construction law issue, contact a construction lawyer immediately to protect your legal rights and explore your legal options. What Does a Construction Lawyer Do?Construction lawyers provide a wide range of services to anyone involved in any stage of a construction project. From planning to completion, construction lawyers represent owners, designers, architects, material suppliers, contractors, and subcontractors. A construction lawyer will assist their client with scheduling, budgeting, fulfilling regulatory guidelines, contracting, submitting claims, terminations, and so much more. A construction lawyer also works preventatively by being actively involved throughout the construction process in order to avoid litigation, arbitration, and other legal conflicts. Most importantly, a construction lawyer has an intimate, expert understanding of both construction and construction law. A construction lawyer understands all stages, tasks, machinery, and other fine details that make-up a construction site. A construction lawyer is not a dabbling layman: he/ she has an expert understanding of the construction process, as well as the wide bulk of substantive law. What Construction Lawyer Cover?A construction lawyer can help with a myriad of areas relevant to the construction process. A construction lawyer must have comprehensive knowledge of the planning, execution, and completion of a construction project in order to provide their specialized services. Drafting & Negotiating Construction ContractsWhen a company, or owner, retains contracting services, they are entering into a binding contract with the contractor. A construction lawyer will ensure the contract is legally sound, grounded in reasonable expectations, accounts for proper notice requirements and jobsite conditions. This includes accounting for jobsite conditions, scheduling delays, insurance, and unforeseen circumstances. A construction lawyer can also provide revisions to existing contracts. Protecting PaymentsA construction lawyer will ensure a contractor receives the full payment promised, covering a myriad of costs including labor, equipment, and materials. A construction lawyer will ensure that all costs incurred will be covered in their contract’s terms. A construction lawyer can also take civil action to recover any unpaid sum, as well as file mechanics liens and claims against a payment bond on both public and private projects. A construction lawyer can also defend those who have had a claim for payment made against them. Assisting with Construction ProposalsA construction lawyer can help with all requests for proposals, bidding for proposals, IFB invitation for bidding, as well as assisting with contract interpretations. A construction lawyer can also help protesting/challenging unawarded proposals. Submitting Construction ClaimsA construction lawyer can submit a claim for added compensation and added time, and represent the claimant throughout any dispute resolution procedures or negotiations. A construction lawyer can also submit claims for unforeseen circumstances such as unanticipated jobsite conditions, defects in designs, as well as delays, disruptions, or any interference in work. A construction lawyer will ensure all claims conform to any contractual obligations or legal requirements. How a Construction Lawyer Help With Contract TerminationsA construction lawyer will help review current contracts, determine justifiable termination, and follow proper procedures to ensure a successful termination. A construction lawyer will represent you in any subsequent litigation or arbitration. A construction lawyer can both prevent wrongful terminations and defend claimants of wrongful termination. Preventive PracticesA good construction lawyer will, of course, represent and defend you during any necessary trials, arbitrations, or litigations–an exceptional construction lawyer will actively work to prevent any conflicts from arising, saving you time, money, and stress. A construction lawyer will anticipate any possible disagreements or disputes and then adjust accordingly in order to prevent those issues from growing into actual legal action. A construction lawyer is your advocate, relying on their expertise and intimate knowledge of construction law to help you avoid any conflict whatsoever, and resolving all issues before it can influence construction. Who Needs a Construction Lawyer?Anyone involved during any step of a public, private, or federal construction project can benefit from retaining a construction lawyer. A construction lawyer not only protects you from (and represents you during) legal conflict, but they also keep you on track with budgets, timelines, and following imposed codes. A construction lawyer will ensure your jobsite runs efficiently, effectively, and safely. A construction lawyer has a keen legal eye for the specifications of government contracting and contract breaches alike. They are a vital part of your construction team, and as such will become very familiar with the site, people, machinery, and contracts; they are so intimately working with. A construction lawyer will know you, protect you, defend you and save you time, stress, and money. File a Preliminary Lien Notice in UtahThe first step in protecting your lien rights in Utah is to file a preliminary notice. Utah is one of the states in which filing a preliminary notice is required for all construction participants. Whether you’re a contractor, subcontractor, material supplier, architect, or designer, you will have to file a preliminary notice for your potential mechanics lien to be considered valid. Claimants looking to file a preconstruction lien are required to file a Utah Notice of Retention also known as the Utah Notice of Preconstructive Services while claimants looking to file a traditional mechanics lien must file a Utah Preliminary Notice. How do I file a preliminary lien notice in Utah?All preliminary notices in Utah are filed in the State Construction Registry (SCR). This is a centralized registry that allows construction professionals to file and track their lien-related documents. While the online registry helps you file the preliminary notice easier, you will still have to do legwork by gathering the required information. According to UTA 38-1a-501, these are the pieces of information that you need for your preliminary notice: Utah Construction LiensA construction (or “mechanic’s”) lien gives builders, contractors, and suppliers legal recourse to get paid for their work as well as any materials or supplies purchased for a project. This recourse is in the form of a right to interfere with your ability to convey clear title to your real property and/or to foreclose the construction lien to take title to that property. Mechanic’s lien is a term originally associated with the automobile industry. When the owner of the automobile failed to pay the bill for the repair services, the mechanic was allowed to place a lien on the car’s title by filing a claim in the local magistrate’s office, and often allowed to retain possession of the vehicle until the lien was paid off (or “satisfied”). This practice was eventually followed in the construction industry and today, a mechanics’ lien is an effective remedy for contractors, subcontractors, and material suppliers involved in the construction or improvement of real estate to resolve payment problems. If a service or material provider records a mechanics’ lien against the real estate being improved, it becomes difficult for the owner of the property to sell or refinance the property without first paying off the debt secured by the lien. The lien creates an interest in ownership of the property, meaning that at some point the person who placed the lien (the “lienor”) may have a right to foreclose that lien and take title to the property if the debt is not satisfied. As a result, banks will be reluctant to lend and buyers will not be interested in buying because they may lose their rights in the property. Although all 50 states have construction lien laws, laws differ widely from state to state. Some variations include notice requirements that those who may be able to claim a mechanic’s lien must provide to the owner of the property, the amount of time in which the lienor has to place the lien, and the degrees of separation between the lienor and the owner of the house (i.e., was the lienor a sub-sub contractor, and if so, do they have a right to lien the property?). The best way to avoid construction liens is to stay on top of your construction workers and make sure everyone has been paid as they are supposed to be. If you have a contractor who is failing to pay the sub-contractors or suppliers, you may be on the hook, so do not be afraid to insist on receiving proof of payment and having recourse in your construction contract against the contractor should they fail to pay these parties. If anything is filed against your property, take it seriously, even if you do not believe it is valid. The worst possible thing you can do is ignore the problem and hope it will go away. Chances are, it will not. If you are facing the possibility of having a construction lien placed against your property, contact a qualified, experienced construction attorney for advice on how best to handle the situation. Many construction lien laws contain very specific requirements for how the lien must be recorded and how notice must be provided to the property owner. Any misstep may invalidate the lien, and an attorney with experience in this area of the law may be better able to identify those defects and guide you through the process of exploiting it. You may also have claims against other parties responsible for causing the conditions that led to the lien, and your attorney may be able to assist you with those claims, as well. Also, attorney fees are often recoverable in such disputes, meaning you will either not have to pay or will have your attorney fees and costs reimbursed if you are successful in your case. Construction Lawyer Free ConsultationWhen you need a lawyer to help you with lien law or construction law 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
4.9 stars – based on 67 reviews
What Are Private Placement Securities? How To Stop Or Postpone A Foreclosure Sale Date? Can Divorce Cause Mental Illness? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Construction Lawyer first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/construction-lawyer/ “White collar crime” can describe a wide variety of crimes, but they all typically involve crime committed through deceit and motivated by financial gain. The most common white collar crimes are various types of fraud, embezzlement, tax evasion and money laundering. Many types of scams and frauds fall into the bucket of white collar crime, including Ponzi schemes and securities fraud such as insider trading. More common crimes, like insurance fraud and tax evasion, also constitute white collar crimes. Securities FraudSecurities fraud comes in many flavors, but one common type is “insider trading,” in which someone with inside information about a company or investment trades on that information in violation of a duty or obligation. For example, an executive knows confidential information about an upcoming company earnings report decides to sell of a chunk of his stock in the company. That would be considered securities fraud; specifically, insider trading. Another type of securities fraud occurs when someone seeks investment in a company by knowingly misstating the company’s prospects, health, or finances. By luring an investor to put up money based on false or misleading information, the company and individuals within it commit securities fraud. False or misleading statements in public reports from publicly traded companies also can constitute securities fraud. To commit securities fraud, those speaking on behalf of the business must make these false statements with knowledge that they’re false, or at least reasonably should have known them to be false. Other White Collar FraudsMany types of fraudulent schemes, including mortgage fraud and insurance fraud, are among the more common white collar crimes. These can be as common as an individual embarking on an insurance scheme to improperly collect on an insurance policy after lying in application materials. They can also extend to larger scale schemes by businesses to defraud their customers or others in the marketplace. Ponzi schemes and other business related scams to fraudulently take money from investors have been some of the most famous white collar crimes. These can take all shapes and sizes. EmbezzlementThe crime of embezzlement involves improperly taking money from someone to whom you owe some type of duty. The most common example is a company employee that embezzles money from their employer by siphoning money into a personal account. Embezzlement can take many forms, however. Lawyers who improperly use client funds commit embezzlement. So do investment advisers who improperly use client funds they’ve been entrusted to protect. Tax EvasionCriminal tax evasion is a white collar crime through which the perpetrator attempts to avoid taxes they would otherwise owe. Tax evasion can range from simply filing tax forms with false information to illegally transferring property so as to avoid tax obligations. Individuals as well as businesses can commit criminal tax evasion. As with fraud, there are perhaps infinite ways to commit tax evasion. Money LaunderingMoney laundering is the criminal act of filtering illegally obtained (“dirty”) money through a series of transactions designed to make the money appear legitimate (“clean”). Money laundering often involves three steps: There is a growing trend among contemporary state legislatures to address criminal concerns with the creation of an offender registry. Today, a wide range of crimes, from arson to animal abuse, can land an offender on a registry. In an attempt to counteract the increasing prevalence of fraud in the United States, some states have even enacted a registry for financial crimes. The Utah White Collar Crime Offender Registry is similar to the sex-offender registry and provides the public with a searchable database of felons who have been convicted of white-collar crime in the past 10 years. The database provides extremely limited instrumental value but has a tremendous impact on the life of the offender. Once listed, registrants will find themselves statutorily blacklisted from their typical vocation, and largely ostracized from the professional community writ large. While criminal registries are flawed mechanisms with no evident value, they continue to proliferate across the United States. Utah legislature generated the registry in hopes of curbing this trend of rampant fraud in the state. However, the registry is a reactionary measure that does not address the underlying issue. While the Utah legislature is perhaps correct in that something must be done to curb this widespread trend of fraud, the registry will not alleviate the preexisting vulnerabilities that facilitated the fraudulent activity in the first place. The registry is a mechanism of shame that will ostracize the offender while leaving the underlying culture of naïve trust unmodified. Impact of Criminal RegistryThe Utah White-Collar Crime Offender Registry blacklists registrants from working in any financial institutions and assigns a general stigma of distrust. Those listed on the registry must follow certain reporting requirements, and disclose their criminal background to employers. Unsurprisingly, these institutional methods of enhancing social shame have been shown to have seriously negative impacts on the registrant’s reintegration with society. Studies on the effects of broad notification policies on the recidivism of convicted sex offenders showed that the registry exponentially enhances the likelihood of recidivism, and drastically impedes reintegrating an offender into normative society. Data from a sample of 6,064 male offenders convicted of at least one sex crime between 1990 and 2004 showed that (8%) of offenders had new sex crime charges and 299 (5%) offenders had new sex crime convictions. These results cast doubt on the effectiveness of broad registry policies in preventing repeat sexual assault. The data shows that a third of the charges that precipitated from the registry were unsubstantiated, and the registry failed to prevent harm in the remaining instances. The impact and efficacy of criminal registries have been studied ad nauseam over the past 25 years. The evidence conclusively suggests that criminal registries to not prevent recidivism, and may actually increase the likelihood of reoffending. However, researchers interested in public policy have noted that laws may have a symbolic as well as an instrumental function. And while criminal registries demonstrably fail to achieve their desired instrumental end-state, states continue to reinforce preexisting registry schemes and even generate new modes of criminal registry in order to reinforce the symbolic function of the criminal registry. Criminal PenaltiesThe criminal penalties for white collar crimes vary. Most of the laws authorize a monetary fine, a prison sentence or a combination of the two. The criminal laws authorize maximum penalties, which are often quite severe. Most defendants, however, receive less than the maximum sentence. Courts often follow sentencing guidelines, which may vary depending on the jurisdiction. Defendants without a significant criminal record may be sentenced to probation, a suspended jail sentence or a jail sentence far shorter than the maximum. They may have fines levied against them, and may be required to forfeit any profits or pay restitution to their victims. There is a common belief among many members of the public that defendants convicted of white collar crime get to do “easy time” in comfortable, minimum-security institutions. This is a myth. While many sentences for white collar crimes are served in minimum-security institutions, there is no guarantee that this will happen. The decision on where a person convicted of a crime serves his or her sentence is usually a matter left to the discretion of the correctional authorities (in the federal system, this is the Federal Bureau of Prisons). While efforts are made to place prisoners in an appropriate facility, there is no certainty that a white collar defendant will always be in a minimum-security prison. Civil LiabilityA civil case that arises out of a white collar criminal prosecution could be brought by the government, by the victims of the crime or by both. A civil action brought by the government might seek disgorgement, or turning over to the government, any profits obtained because of the crime, restitution or repayment, to the victims of the offense or other damages that may be provided by law. In some cases, the government may be able to seek asset forfeiture, which means that anything purchased with the proceeds of the offense would be seized by the government. Victims of white collar crimes may choose to bring their own civil actions. These actions would seek to recover for any financial losses suffered because of the offense. Employment And Social ConsequencesIn addition to criminal and civil penalties, a person who is convicted of a white collar crime may have difficulty finding employment and face social stigma. Because so many white collar crimes involve deceit or dishonesty, employers may be reluctant to hire an individual who has been convicted of such a crime. In addition, a criminal conviction may prevent a person from obtaining a professional license or be cause for losing such a license. Further, if a non-United States citizen is convicted of a crime, he or she may face removal and other immigration issues. For example, if a lawful permanent resident, who is lawfully living and working in the United States on a work visa, is convicted of a white collar crime, he or she may be removed. In addition to removal, a conviction may adversely affect a lawful permanent resident’s ability to become a United States citizen. Consequences of white collar crimeClients can lose their reputation and even their freedom as a result of these crimes because the penalties include fines, restitution, loss of personal property, or a long prison sentence. With many financial crimes, the prosecutor typically seeks enhanced penalties, which will prevent you from obtaining future employment. White collar crime is the terminology used to describe those crimes perpetrated (mostly) in the office or “white collar” environment. Non-violent in nature, they tend to be treated differently by the courts. On one hand the white collar defendant is not accused of doing physical harm in the perpetration of the crime, and therefore when it comes to determining the sentence for such crimes the courts are less likely to put white collar criminals in the same “classification” as those that have committed acts of violence. On the other hand, white collar crimes account for $200 billion in loss each year, a number far higher than that of more “traditional” crimes like burglary or theft. This fact prompts greater scrutiny from law enforcement and justice officials. When you have been accused of a white collar crime such as embezzlement or computer fraud you must respond immediately by hiring an experienced white collar crime lawyer who understands all of the complicated issues, legal and factual, that surround the prosecution of a white collar case. Differences in Treatment of SuspectsWhile the courts attempt to provide equal treatment to all defendants, those that have committed white collar crimes are often not judged as harshly by many involved in the investigation. This could lead to preferential treatment in negotiations for plea bargains, pretrial releases and when sentences occur. However, the difference in treatment is often due to the lack of violence when these crimes occur. Physical assault and battery of anyone are lacking in most cases where a professional has violated the law through interactions with his or her business. Variations of the accused often demand a restriction of movement when the person may be violent or commit further illegal acts when on his or her own recognizance. But, persons that have no history of harming others are often trusted to be out of jail while the trial is ongoing. The only other alteration to this would be if he or she is a flight risk and may leave the state or country while he or she is awaiting a verdict. Those that commit nonviolent crimes are often cooperative with both defending and prosecuting lawyers. They understand the professional world and are calm and friendly during all proceedings in many instances of these cases. When the court has little comprehension of what the crime entails, or if it is unduly complicated, the only possibility for legal action against the accused may lie in a plea bargain. These could be unfairly lenient to ensure some consequences are enacted through a portion of what may be issued against a more violent criminal. The sheer complexity of many of these court issues causes prosecution to be laxer with those that are expert enough to ensure court proceedings are so difficult that they are left with only minor penalties to issue. White Collar Criminal LawyerWhen you need a criminal defense lawyer who handles white collar crimes, 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
4.9 stars – based on 67 reviews
What Needs To Be Done If I Have Full Custody For The Father To Sign Over Rights? What Assets Can I Keep In Chapter 7? What Are Private Placement Securities? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post White Collar Crimes first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/white-collar-crimes/ Lindon is a city in Utah County, Utah, United States. It is part of the Provo–Orem, Utah Metropolitan Statistical Area. The population was 10,070 at the 2010 census. In July 2019 it was estimated to be to 11,100 by the US Census Bureau. Lindon has an abundant cultural and historical background. Originally settled in 1861, Lindon began as pioneers moved into what was then the Lindon grazing land. The town was originally named “String Town” because of the way the houses were strung up and down the street between the towns of Orem and Pleasant Grove. An old linden tree (Tilia) growing in town in 1901 inspired the present (misspelled) name. Over the past century Lindon has seen organized development, but it has tried to remain true to its motto: “Lindon: a little bit of country”. Pros and Cons of Each Type of DivorceIn a divorce, the issues of child custody, visitation and the division of assets and debts are resolved by one of 3 processes: an agreement of the parties, the collaborative divorce method or through adversarial litigation. There are pros and cons to each type of divorce. Agreement of the PartiesMost people don’t want their personal life aired out and on display in a public courtroom. If you are able to resolve all of the issues related to your divorce at the kitchen table, you can work toward filing the divorce case at your own pace; however, but it is also likely that certain issues are either going to be missed or not settled fairly in the eyes of the law. You run the risk ending up in court again seeking a modification of the original agreement. This is less likely to happen when you each have your own attorney. While settling over the kitchen table may have some initial cost savings, having to return to court to unwrap a poorly drafted divorce decree ultimately will cost more than you might have saved. Collaborative DivorceWith the collaborative divorce method, the parties are also the decision makers, and you are also able to proceed at your own pace not dictated by a Judge’s docket. Your attorneys and certain other agreed upon professionals can contribute their input to result in a divorce based upon a fair and just agreement. Confidentiality is maintained, and upon divorcing, you will have a marital settlement agreement that you can live and work with in the future. The drawback to the collaborative process is that if the you are unable to settle all issues in your case, you are then required to retain new attorneys and seek a resolution by way of mediation or even a trial. And as we all know, a contested trial quickly can become costly and emotionally draining. Contested Adversarial DivorceAlthough certainly not the preferred method of divorce, a contested case does allow for relatively quick temporary hearings on major issues like temporary custody and child support. Hearings can usually be obtained within 14 to 21 days after filing a petition for temporary relief. As a result of the temporary hearing, the spouse who prevailed often gains an initial advantage, and that can have a chilling effect on the other party’s desire to proceed with the case. Even if a temporary order doesn’t impede a divorce litigant’s enthusiasm for a contested hearing, he or she will be ordered to mediate the case before a trial date is set. Other than the cost, there’s no downside to mediation. The parties still retain control, and the right to a trial is not lost. The downside to a contested adversarial divorce is that typically a trial is much more expensive, emotionally draining and the results are left in the hands of a stranger a Judge that does not know you and cannot possibly have a full understanding of your family’s dynamics after a day or two in trial. Uncontested Divorce in Lindon, UtahDivorce can be devastating; however, uncontested divorces are often less overwhelming to your finances and sanity than contested ones. Your divorce does not have to become a soap opera. Utah’s uncontested divorce process allows spouses to reach an agreement on their own and avoid the stress and anxiety associated with completing a divorce trial before a judge. The uncontested process can be relatively quick, and certainly less expensive than taking a divorce to trial. Uncontested divorces (sometimes called “quickie divorces) are an option available to divorcing Utah couples with or without children. Typically, an uncontested divorce is generally less expensive and faster than traditional divorces because you avoid the expense of attorneys, custody evaluations, and hiring experts for trial. If you and your spouse can agree on all issues regarding your divorce, including child custody, visitation, and support, then an uncontested divorce is a real option. However, if you and your spouse have unresolved divorce-related issues, then the court will require you to go through the traditional “contested” divorce process where the judge will resolve the disputed issues for you. Before you can request an uncontested divorce in Lindon Utah, you and your spouse must agree on all the following divorce-related topics: • how to divide real estate and personal property from the marriage Beginning The Uncontested Divorce Process in Lindon, UtahWhether you’re requesting a traditional or uncontested divorce in Utah, before the court can take your case, you must meet the state’s residency requirements. When you file for divorce in Utah, you must have lived in a single county in the state for at least 3 months (or 6 months if you have minor children.) If you haven’t resided in Utah long enough, you’ll need to wait until you meet the requirements before you can file your divorce. The residency requirement is a crucial part of the divorce process. If you don’t meet the requirement, the court won’t have “jurisdiction” to take your case, and the judge will dismiss it meaning, you’ll need to start the process over from the beginning. To proceed with the uncontested divorce process, you and your spouse must agree on all divorce-related issues in your case. Additionally, if you have minor children, you must submit a notarized statement telling the court that you are either: The Utah Courts site offers online forms for completing an uncontested divorce, but you shouldn’t use it. You should call Ascent Law for help with a divorce because you may think you know what you’re doing, but you wouldn’t do your own heart surgery. You should never do your own legal work, even if you know what you want because words may have different legal meanings than you think they have. You may do it wrong (and we’ve seen many do it wrong). The required paperwork to complete a divorce in Utah may vary in your particular county. Check with your local court clerk for more information and to determine whether you need to file additional forms. It’s important to understand that if you don’t complete all the required documents, the court won’t accept your case until you do. How Much Does it Cost to File for Divorce in Lindon, Utah?The cost to file for a divorce in Lindon varies depending on the type of case your filing, the fees for serving your spouse with paperwork, attorney fees, and more. You can contact your local courthouse to determine the filing fee for divorce paperwork. If you can’t afford to pay the filing fees, you can submit a fee waiver to the court, asking the judge to waive all the costs with the court. Utah has a mandatory 30-day waiting period to complete a divorce. Under extraordinary circumstances, the court may waive the 30-day waiting period, however, before a judge grants a divorce to parents of minor children, both spouses must complete the Divorce Education Course. If you don’t have children, the court doesn’t require you to attend a class but does encourage both spouses to utilize the resource. Utah does not require that you attend a court hearing before a judge finalizes your uncontested divorce. Instead, after you file all the required paperwork, the judge will review it for accuracy and ensure that it’s reasonable and in your children’s best interests. If the court finds that everything is in order, the judge will finalize your divorce and sign the Findings and Decree of Divorce. Terms to Know• Custody: Having rights to your child. Custody can be either legal, which means that you have the right to make important decisions about your child’s welfare, or physical, which means that the child lives with and is raised by you. Divorce LawyerWhen you need a divorce attorney in Lindon 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
4.9 stars – based on 67 reviews
Divorce Lawyer Salt Lake City Utah What Are Private Placement Securities? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Lindon Utah Divorce Attorney first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/lindon-utah-divorce-attorney/ In a private placement, the shares of stock or debt instrument are considered securities under both federal and state securities laws. Consequently, any transaction involving the shares or debt must be registered under such securities laws or be exempt from registration. Typically, the offeror is an emerging growth company that has few capital alternatives, although more mature companies tend to be more successful in this process. Securities laws generally require that offers are made mainly to accredited investors. There are two basic types of private placement offerings: Regulation D: Private Placement Rules and ExemptionsReg D is a series of six rules, Rules 501-506, establishing three transactional exemptions from the registration requirements of the 1933 Act. Rules 501-503 set forth definitions, terms and conditions that apply generally throughout the regulation. Specific exemptions are set out in Rules 504-506. Rule 504Rule 504 is the most popular of the Reg D rules. Raising capital for a small business can be expensive and time consuming, but a private placement under Rule 504 of Reg D can minimize costs and delays while giving the issuer access to debt or equity capital. In a Rule 504 offering, a business can raise a maximum of $1 million in any year. Rule 504 has no prescribed disclosure requirements, no limit on the number of purchasers, and no investor sophistication standards. Offerings that are exempt under Rule 504 are relatively simple to prepare and can generally be undertaken by the offeror without substantial outside professional expenses. The JOBS Act of 2012 allows offerings to be made through any form of general solicitation or advertising. Rule 504 does not mandate that specified disclosure be provided to purchasers. However, the offeror must provide enough information to meet the full disclosure obligations under the anti-fraud provisions of the securities laws. Rule 505A Rule 505 offering may not exceed $5 million in any given 12-month period. This exemption limits the number of non-accredited investors to 35, but has no investor sophistication standards and no limit on the number of accredited investors. Rule 505 was adopted by the SEC to provide small businesses more flexibility in raising capital than under Rule 504. If only accredited investors are involved in the offering, there is no specific information the issuer must furnish to investors. However, if the offering involves one or more non-accredited persons, the issuer must furnish all purchasers with the same kind of information specified by Regulation D. As with a 504 offering, prior to the JOBS Act of 2012, this offering could not be made by means of general solicitation or general advertising. Rule 506Rule 506 provides an exemption for limited offers and sales without regard to the dollar amount of the offering. There is no ceiling on the amount of money which may be raised. The JOBS Act of 2012 permits general solicitation and advertising. There is no limit to the number of accredited investors, but the number of non-accredited investors may not exceed 35. If only accredited investors are involved in the offering, the issuer is under no obligation to furnish specific information to investors. If the offering involves one or more non-accredited persons, however, the issuer must furnish all purchasers with the same information required by Reg D. Rule 506 requires detailed disclosure of relevant information to potential investors; the extent of disclosure depends on the dollar size of the offering. For offerings over $2 million, the issuer must provide audited financial statements. Offerings under $2 million follow Reg A as a guide, with an additional requirement for a certified balance sheet. The securities sold are “restricted” under the same stipulations in Rules 504 and 505. A company is required to file a notice of the offering on Form D at SEC headquarters within 15 days after the first sale in the offering. There is no requirement to file the offering memorandum with the SEC. • No offerings are exempt from the anti-fraud and civil liability provisions of the various federal securities laws. Private Placement MemorandumA Private Placement Memorandum (PPM) provides critical details about the offering. This differs from a business plan, which does not provide information about the technical structure of an offering. A PPM is used to raise capital from a number of investors instead of trying to find one with the entire amount of required capital. Regulation D Equity OfferingAn equity offering lists the securities authorized and offered by the issuer, as well as the use of proceeds. Purchasers of these securities are almost always minority investors. This alone creates a liquidity risk and minority rights issues that should be strongly considered. Offerees should seek legal assistance before making such an investment. Regulation D Debt OfferingA debt offering involves the sale of a promissory note to investors. The note sets forth the terms and conditions of the loan arrangement between the company and the investor. For instance, the interest rate, payment periods, and maturity date are described in the note. Notes are sold in fractional amounts providing flexibility for accommodating investors. For example, in a typical debt offering the company raises $1,000,000, which might involve the sale of 20 notes at $50,000 per note. Jumpstart Our Business Startups (JOBS) ActSecurities regulators have bemoaned the lack of oversight for years as investments offered under Reg D have exposed investors to far more risk than originally anticipated. This is because unlike public offerings, Reg D offerings are subject to minimal regulatory screening. But despite the continuing abuses, politicians have further loosened regulations with the passage of the JOBS Act, which amends or exempts certain issuers from the requirements of the regulation. RiskThe stated purpose of the JOBS Act is to stimulate investment in startup and emerging companies. By having more capital, it is thought that these businesses will hire more employees. Many experts, however, have questioned the premise that more capital will lead to greater growth, even survival, of startup or entrepreneurial companies. Rather, they believe that failure is more due to unrealistic expectations, poor management, and bad execution than the lack of capital. They worry that more capital will instead lead to bigger failures, boondoggles, and frauds. Whatever the consequence of the Act, investors should be prepared to handle a flood of solicitations that will likely appear over the Internet and via the phone from salesmen with the latest and greatest investment. JOBS drastically changes the investment environment for the private placement of securities by introducing a new fundraising process called “crowdfunding,” and allowing wide solicitation (and advertising) of potential investors with minimal regulatory oversight of the process. Implications of JOBS• The $1 million annual limit will restrict issuers to small, start-up, or first stage companies, historically the highest risk category of companies in which to invest. The odds are that investors in these companies will lose a portion or all of their investment. How to Protect YourselfAstute investors have always recognized that their greatest protection from frauds and other thefts is personal vigilance, a willingness to investigate, and the confidence to say no. These traits are particularly important in the world of private placements. There are predators in the Reg D market quick to seize upon unwary investors who do not possess these traits. The following tips will help you identify the real opportunities and avoid costly mistakes if you consider a private placement investment. Limit Your Investment to Low-Risk FundsMany investors become so blinded by the promise of future riches that they forget the reality of the business or the long-term success rate of new companies. As a result, they plunder their savings and retirement accounts expecting to become millionaires overnight. The fact is, less than one-quarter of new businesses survive through the fifth year, and the majority of the ones that do survive are rarely market successes with huge returns to their shareholders. Exploratory oil and gas wells are notoriously risky; wells that return the costs of drilling after payment of attached royalties and overrides are rarer still. Unless you or the group in which you are co-investing have millions of dollars to purchase the best prospects and use the latest drilling technology and techniques, the odds of finding a new field are extremely low. Private placement opportunities are generally high risk or scams. As a consequence, the likelihood of losing your total investment is very high. Limiting your investment to funds in which you can lose without affecting your present or future lifestyle is the only sensible strategy when purchasing Reg D securities. Stick to Offerings That Meet Reg D RequirementsA Regulation D-exempt offering, while not approved by the SEC or state securities commissioners, must still be registered to take advantage of the exemption. Investors are required to make minimum investments either as a dollar amount or as a percentage of their net worth. And no more than $1 million per year of securities can be sold by a specific issuer, or $2 million if you are provided with audited financial statements. A favorite ploy of unscrupulous promoters is to tell their prospective mark that the investment opportunity is quickly being sold out, sometimes as an explanation as to why there isn’t enough time for the investor to properly investigate the offering. Promoters are adept at making prospective investors feel that the investment is a “once in a lifetime” opportunity which will go away, never to return. They appeal to the emotions with promised riches and the trappings those riches will bring. Entranced by the sizzle of success, the investor often overlooks the more likely pitfalls and probability of failure. An inviolate rule of professional capitalists is “Never react to an issuer-imposed deadline.” They understand that nothing is forever, and that 10 more offerings will be presented to them before the end of the month – each with the same assurance of profitability. They also know the odds of picking a winner. As a consequence, their first reaction when pressured to make a premature decision is to halt their due diligence, turn down the investment, and move on to the next deal. Their actions should be copied by every prospective investor. Securities LawyerWhen you need legal help with a REG D offering or a PPM, 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
4.9 stars – based on 67 reviews
Criminal Defense Lawyer Magna Utah What Happens To Equity In Foreclosure? Probate Lawyer Woods Cross Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post What Are Private Placement Securities? first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/what-are-private-placement-securities/ Your wounds may not have even dried before you start getting calls, requests and bills from insurance companies, doctors, police and others. At such a time when you should be focusing on healing and recovery, you may be feeling completely overwhelmed and stressed wondering how you are going to pay for everything. This is when an injury lawyer can help. An injury lawyer helps individuals who have sustained injuries in accidents to recover financial compensation. These funds are often needed to pay for medical treatment, make up for lost wages, pain and suffering, and provide compensation for injuries suffered. Common examples of personal injury practice areas include motor vehicle accidents, slip and fall accidents, defective products, workplace injuries and medical malpractice. Basics of Injury LawAn injury lawyer performs many important duties. These common functions include: Some surprising ways you didn’t know a lawyer could help youLawyers do have skills, you know. There are some great ways they can help: • Better assesses damages: Many accident victims only think about the immediate impact of an accident. After all, they could be receiving harassing phone calls from bill collectors, making up funds after being off work for a few weeks and may need to repair their vehicle to get back on the road. However, an injury lawyer deals with these cases on a routine basis and can help identify a more accurate estimate of the real and long-term effect of injuries, such as a loss in earning capacity if the accident left the victim disabled. An injury lawyer may also ask an economist or actuary for help in assessing the lifetime impact of an accident. Surprisingly, not every case requires the use of a lawyer. If the damages are minimal, there is no serious injury and the settlement offer appears reasonable, providing a significant portion of the settlement to an attorney may not make sense. However, sometimes cases that seem simple at first may become more complicated, which may be best handled by hiring an experienced personal injury lawyer. For example, someone’s insurance may not have been in effect at the time of the accident or an injury might not reveal itself as chronic until months after the accident. Some key times to hire an injury lawyer include when: Sometimes, the skills of an experienced injury lawyer or at least the threat to an insurance company that such a lawyer may present are worth the money you must pay that lawyer to represent you. You may need a lawyer because of complex legal rules involved in your particular claim, or because the severity of your injuries might cause your compensation to vary greatly from the norm or simply because an insurance company refuses to settle a matter in good faith. The following types of injuries and accidents almost certainly require a lawyer’s help. Types of Injury Cases In South Jordan UtahAny case or claim that involves an injury to the body or mind falls under the umbrella of an injury law. Some of the most common types of cases handled by this type of lawyer include:
Factors to Consider Before Hiring a an Injury Attorney in South Jordan, Utah• Lawyers Near Me Who Practice Injury Law: When searching for an injury Lawyer in South Jordan, Utah, it is important to search for a law firm that handles injury cases similar to your case. For instance, if a car accident caused your injuries, you may want to search for “car accident attorney near me” when you begin your internet search for a lawyer to handle your automobile insurance claim. The same is true if your injury relates to medical malpractice, wrongful death, dog bites, semi-truck accidents, and motorcycle accident in Utah, workers ’ compensation, premises liability, catastrophic injuries, or pedestrian accidents. Personal Injury Attorney South Jordan UtahWhen you need a personal injury attorney in South Jordan Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Woods Cross Utah Divorce Attorney Is A Legal Separation Necessary? Real Estate Lawyer Midway Utah Does Wife Get Half In Divorce? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post South Jordan Injury Lawyer first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/south-jordan-injury-lawyer/ The acronym UDRP is one that many website owners may have seen or heard before, but what it is, where it came from, and why we need it may be less familiar if you have never been involved in a domain dispute. But, whether you know it or not, you agreed to abide by the UDRP when you signed your domain agreement. The UDRP (Uniform Domain-Name Dispute-Resolution Policy) is a set of rules found in every Domain Name Purchase Agreement that defines how domain name disputes should be decided. The UDRP generally applies to top-level domains such as .biz, .com, .info, and .org—to name a few. By signing the mandatory Domain Name Purchase Agreement when purchasing a domain, registrants “represent and warrant” that the registration “will not infringe upon or otherwise violate the rights of any third party,” and agree to an arbitration-like proceeding if such a claim should arise. While the UDRP is mandatory for domain holders, it is an optional procedure for mark holders. With the rise of the Internet in the early ‘90s came the use of trademarks as domain names without the owner’s consent, also known as “The Trademark Dilemma.” By 1998, the non-profit corporation ICANN (the Internet Corporation for Assigned Names and Numbers) was formed to assume responsibility for IP address space allocation, top-level domain name system management, and root server system management functions. In other words, ICANN ensures corporate trademark are not held ransom by those who register a certain domain name before the company can. UDRP ElementsThe UDRP essentially protects businesses from abusive or bad faith registrations. However, like all contracts, there is more to it than that. You can read the full UDRP here, or find the essential elements, below. • Privacy-protected domains may warrant pre-UDRP enforcement actions: In cases where a complainant’s trademark rights do not pre-date the domain’s creation, but the domain registrant’s identity has always been private, a successful UDRP may still be possible. Domains sometimes change hands multiple times in the course of their lives, and UDRP panels have ignored the domain’s creation date if it was shown that the current registrant acquired the domain at a later date from an unrelated registrant. But complainants hoping to make this argument need to have a reasonable basis for their belief that this happened (or, failing that, at least show that they made efforts to discover the registrant’s identity). Domain Registration LawAt domain purchase, the registrant may be required to “represent and warrant” that the registration of that particular domain will not infringe upon or violate the rights of any third party. Additionally, the registrant agrees to participate in proceedings similar to arbitration should there be any disputes regarding that domain. However, registrants’ likely neglect reading the fine print in the registrar domain name polices. It isn’t until after a domain dispute arises that many domain owners look into domain rights and policies. UDRP Domain Name ProceedingsTrademark infringement is usually the cause for UDRP cases. Trademark infringement through domain name registration occurs through cyber squatters more often than honest mistake. When determining whether a cause of action exists, the UDRP administrative review panel will analyze various factors including whether: • The registered domain name is identical or confusingly similar to the trademark, Protecting Against Domain Name Disputes and UDRP ActionsAn Attorney provides advice on protecting against domain name disputes through proactive measures, for example: When can a UDRP provider help?A UDRP provider will deal with complaints against Brussels registrants, on condition that you lodge the complaint in accordance with the formal requirements and have paid the procedure fees. To obtain the transfer of the domain name, you must meet three cumulative requirements: UDRP and the ACPA Differences, Advantages and Their InconveniencesOne problem with the Internet, non-existent before 1994, is the confrontation between persons who, either intentionally or unintentionally, create an address on the Internet which includes someone else’s trademark. With the difference of just a month the Anti Cybersquatting Consumer Protection Act (ACPA) was enacted in November 29, 1999 while the Uniform Domain Name Dispute Resolution Policy (UDRP) of ICANN was approved in October 24, 1999. While any decision to pursue cyber-squatters under the ACPA or the UDRP belongs to the trademark owner, the attorney who advises the trademark owner should have a good working knowledge of the benefits and weaknesses of each method. The ACPA and the UDRP provide two separate and distinct methods for resolving domain name disputes. Both alternatives have many critics and proponents, but the true value of each will ultimately be determined by how well each combats cyber-squatting. Separately, the UDRP and the ACPA will probably work well to defuse most of the cyber-squatting that is currently invading the Internet. If combined together the UDRP and the ACPA can be a cost saving and effective way to prevent cybersquatting with the top-level domains (TLDs), the country codes top-level domains (ccTLDs) and the future new generic top-level domains (gTLDs). Nonetheless, neither is specifically tailored to be more effective for any specific case, but each one provides noticeable benefits to different types of cases. Because the UDRP is less expensive than litigation, ICANN’s UDRP is probably best suited for small businesses and trademark owners that are merely attempting to stop the use of their trademark. This method will also be helpful to those trademark owners who are fighting registrants that registered their domain names prior to the enactment of the ACPA, because under the ACPA, the trademark owners would not be able to receive damages. Litigation under the ACPA will be better suited for celebrities and for large companies seeking damages. Also, the ‘in rem’ proceeding seems enticing, but the well-advised counsellor should note that this proceeding is used only in very specific circumstances. The downside of ACPA lawsuit is that lawsuits are extremely expensive, time-consuming, stressful and uncertain. Considerable investment is required in terms of a good attorney and it can take years to get a resolution as to be successful in an ACPA lawsuit, the trademark owner must prove: The ‘in rem’ provision in the ACPA lawsuit is limited to the Utah, United States because ACPA is a U.S. Statute; hence the concerned trademark business needs to have substantial ties to the U.S. in order to bring a case under the ACPA lawsuit in U.S. Courts. If speed and cost efficiency are the two most desirable objectives for the client, then the UDRP is the best alternative. If these two objectives are not the primary concerns, then the ACPA may be a better alternative. Some of the major drawbacks of an UDRP proceeding is that there is no possibility of monetary damages in a UDRP proceeding. This is probably the major reason that some individuals or organizations prefer to take their chances with a lawsuit. Also, there is no opportunity for investigation, like there is in a civil lawsuit. The arbitrator’s decisions are mandatory in the sense that accredited registrars are required to take the necessary steps to enforce the decision, such as transferring the concerned name. However, under the UDRP, either party retains the option to take the dispute to a court for independent resolution. Thus, it is possible that the dispute will not end at arbitration. Another consideration focuses on when the domain name was registered. If the registration date is prior to the enactment of the ACPA then statutory damages are unavailable, making litigation appear financially less interesting. The UDRP applies to domain names registered prior to the ACPA, but the UDRP only applies to top-level domain names. Country code domain names are not covered under the UDRP and, in those cases, the ACPA is the only option. If the client merely wants the domain name transferred or cancelled, then the UDRP makes more sense economically (so long as the domain name is a top-level domain name). The ACPA provides for transfer and cancellation, but these remedies are only available once the client has gone through the legal process and thus, accrued attorney fees and court costs. Also if the registrant is unavailable or cannot be found, then the ACPA is the only remedy that is available to the client. It can be argued that the UDRP has a comparable method because when a registrant does not respond to the complaint the proceeding continues and judgement is rendered without a response. Of course if damages are important, the ACPA is the appropriate method for battling the cyber-squatter. If time is most important and no injunction is necessary, then the UDRP may be more appropriate. If time and money are not important and the client does not care whether he receives damages or not, then either may be chosen. It is interesting how a simple choice between two options can become a complicated decision. This underscores the fact that there are no absolutes in the law and that advising a client regarding which avenue to take when battling a cyber-squatter is no exception. An Attorney files UDRP proceedings as well as defend against them. In addition, they provide options, such as settling cases before decision or filing federal litigation. Domain attorneys advise clients on chances for success in UDRP proceedings. Attorneys analyze the strength of the trademark involved against defenses available to defendant. Internet Business LawyerWhen you need legal help with a domain dispute, 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
4.9 stars – based on 67 reviews
Rights Of Probate Creditors In Utah Woods Cross Utah Divorce Attorney Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post UDRP Complaint first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/udrp-complaint/ Utah Criminal Code 76-5-102.8: Disarming a Peace Officer–Penalties1. As used in this section: Disarming A Peace OfficerDisarming a peace officer is a relatively simple criminal offense. At trial the an attorney must show five separate elements: How Serious Is A Disarming Law Enforcement Charge?Disarming a Law Enforcement Corrections Officer is a second degree crime and can result in up to 10 years in prison. However, this charge can be enhanced to a first degree crime that carries as much as twenty years in prison and a $200,000 fine under certain circumstances that are discussed later. When Does Someone Attempt To Disarm A Peace Officer?There are three elements that must be present in order for a guilty verdict to be rendered. Specifically, they include: Enhancement to First Degree Disarming of a Peace OfficerAs mentioned above, the majority of charges for disarming a peace officer are in the second degree. However, under certain circumstances these charges will enhance to a crime of the first degree. Specifically, this will happen if, in addition to disarming the cop: In order to prove a second-degree indictment or charge for disarming in Utah, the prosecutor must establish: Any individual who knowingly attempts to take control or actually exercises unlawful control over any weapon or firearm possessed by a peace or corrections officer acting within the performance of their duties is committing a Second Degree Offense. If the accused attempted to disarm or actually disarmed a police officer, they are facing charges for a Second Degree Criminal Offense. If and when the act of disarming progresses and the officer or another individual is harmed and/or the gun is fired or used against the officer, the defendant faces charges for a Second Degree Offense. Regardless of the charge, disarming a law enforcement officer is a serious criminal indictment and often carries the penalty of incarceration. It is critical to your case to hire a knowledgeable attorney for the best defense possible. To prove a Second Degree indictment for a disarming charge in Utah, the prosecutor must establish substantially the following items: Common Offenses You May Be Charged With For Assaulting A Law Enforcement OfficerAssault and battery is a serious offense in Utah that can cause long-term consequences in a person’s life. If a person is charged with assaulting a police officer, the charges can be even more serious. Due to all the news about police assaults, shootings, and killings of officers, the police are becoming increasingly intolerant of any actions that may be interpreted as physical resistance or assault. If you have been charged with an assault on a police officer or a similar offense, you need the assistance of an experienced violent crimes attorney to reduce the harsh sentence that you may face. A person can commit battery through any offensive or harmful conduct, which can be as minor as throwing a snowball or small object at someone, if the person makes some contact with the victim and intended harm to the victim. An assault is an intentional act that makes a person think that he will be offensively touched or intentionally harmed. Since a battery is any unwanted touching, these charges can be raised for any minor action of a suspect. This law applies to police officers and many other government officials, including: Resisting Arrest: Laws, Penalties, and DefenseResisting arrest occurs when a person interferes with a law enforcement officer’s attempt to perform a lawful arrest. Some states call the crime “obstruction.” Resisting arrest occurs when a person interferes with a law enforcement officer’s attempt to perform a lawful arrest. Some states call the crime “obstruction.” The crime can be a felony or a misdemeanor, depending on the severity of the actions of the person being arrested. Misdemeanor resisting arrest (or misdemeanor obstruction) can include actions such as running and hiding from a law enforcement officer. Felony resisting arrest usually requires that a person either act violently toward the arresting officer or threaten to act violently. Felony Resisting Arrest: What Does the Prosecutor Have to Prove?In order to secure a conviction for resisting arrest, the prosecutor must produce evidence on the following issues, called the “elements” of the offense, and the judge or jury must decide that the prosecutor has proved each one of them beyond a reasonable doubt. While the elements of the crime may vary from state to state, usually all of the following must be true: See a LawyerIf you are facing a charge of resisting arrest, consider consulting with an experienced criminal defense attorney who regularly practices in your area. A lawyer can evaluate the strength of the prosecution’s case against you and help develop any defenses you might have. For example, if you believe that your resistance was justified because the arrest was unlawful, you’ll need to know whether your state recognizes this defense, as explained above. A lawyer’s skillful negotiation with the prosecutor can sometimes result in a reduction of felony resisting arrest charges to misdemeanor charges, or even dismissal of the charges. A local criminal defense attorney, who knows how the prosecutors and judges involved in your case typically handle such cases, can assist with these negotiations. And if you decide to go to trial, having a good lawyer in your corner will be essential. Terms Used In Utah Code 76-5-102.8• Actor: means a person whose criminal responsibility is in issue in a criminal action. Criminal Defense LawyerWhen you need a lawyer to help defend you against criminal charges under Criminal Code 76-5-102.8, 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
4.9 stars – based on 67 reviews
My Dad Is Dying, How Do I Get A Will? How Many Mortgage Payments Can I Miss Before Foreclosure Happens? Divorce Lawyer South Jordan Utah How Do I Find Probate Documents? Woods Cross Utah Divorce Attorney Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Utah Code 76-5-102.8 first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/utah-code-76-5-102-8/ |
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