Situated in the heart of Utah Valley between the east shore of Utah Lake and the towering Wasatch Mountains is the city of Provo. Mount Timpanogos (elevation 11,957 feet) dominates the northern view from the city. Other rugged mountains east of the city provide one of the most picturesque backdrops for a Utah city. We’re going to talk to you about a Provo Utah Divorce Attorney in this article. But first, we wanted to give you some background about Provo. Utah Valley was the traditional home of Ute Indians, who settled in villages close to the lake both for protection from bellicose tribes to the northeast and to be close to their primary source of food–fish from the lake. The first white visitors to the Provo area were Fray Francisco Atanasio Dominguez and Fray Silvestre Velez de Escalante, who visited Utah Valley in 1776. Only a retrenchment in Spanish New World colonization and missionary efforts prevented establishment of settlements promised by these Franciscan missionaries. Fur trappers and traders frequented the area in the early decades of the nineteenth century, and it is from one of these trappers, Etienne Provost, that Provo takes its name. Provo was settled by Mormons in 1849, and was the first Mormon colony in Utah outside of Salt Lake Valley. Troubles with Indians gave rise to a popular saying in early Utah: “Provo or hell!” When President James Buchanan sent United States troops to Salt Lake City to put down the “Mormon insurrection” in 1858, thousands of Mormons, including leader Brigham Young, moved to Provo. “The Move South” came to a quick end as the Mormons were “pardoned” and new governor Alfred Cumming made peace with the Saints. Provo remained the second largest city in Utah until Ogden became Utah’s primary railroad terminus in 1869. Provo lost in its bid as a transcontinental railroad stopping place, but thereby retained its distinctly Mormon flavor. It soon came to be known as the “Garden City” because of its extensive fruit orchards, trees, and gardens. In 1875 Brigham Young Academy was founded. From humble beginnings, this institution has grown into Brigham Young University, the largest church-affiliated university in the United States today. The city and the university have enjoyed a symbiotic relationship and have grown together. Today, the university has helped generate a fledgling high-technology industry in the Provo area and sometimes attracts national attention through its academic and sports programs. Historically, Provo has served as the focal point of Utah Valley industry, commerce, and government. Agriculture and the Provo Woolen Mills (which had its origin in the Mormon cooperative movement of the late 1860s) served as Provo’s commercial staples in the late nineteenth century. Mining magnates such as Jesse Knight, made rich by nearby precious-metal mines, made their homes in Provo and helped create a thriving financial industry in the city. The coincidence of a major water source and the intersection of two railroad lines led to the completion in the Provo area of the Ironton steel mill in the early 1920s and later the much larger Geneva steel plant. The railroads brought in needed raw materials and transported finished steel products from Provo. Area residents currently argue about whether the Geneva plant, which many assert is a major cause of Provo’s serious air pollution problems, should continue to be operated or whether Provo should rely on new high technology as its industrial base. As county seat of Utah County, Provo is the home of county offices and courts. Since the mid-1880s Provo has been the home of the State Hospital, originally the Territorial Insane Asylum. Because of its close proximity to the mountains, Utah Lake, and rivers, Provo residents have many recreational outlets. In winter, alpine and cross-country skiing, ice skating, and other winter sports are available within minutes. Provo Utah Divorce Attorney – Divorce Law BasicsThe legal termination of a marriage is referred to by different names, Divorce and Dissolution of Marriage being the two most well-known. Couples seeking a divorce must obtain one via a court judgment, after which they will be awarded a judicial decree which declares that the marriage is dissolved. After a divorce has been legally finalized, both parties are free to remarry, pending time restrictions in some jurisdictions, which vary. Divorce orders may address various issues depending upon the specific circumstances of the parties to the divorce, such as whether there is property to be divided and/or children for whom provisions must be made. Therefore, when applicable, these orders may deal with matters such as property and bill division, alimony or spousal support, child custody, visitation, and child support, as well as any other pertinent matters that the court judges to be relevant and necessary. When a divorce action is initiated, it may be brought by either or both parties and may be contested or uncontested. When both spouses desire the divorce and are able to come to an agreement on the relevant issues, they may obtain an uncontested divorce, which allows them to proceed through the court process far more easily and quickly than when there are unresolved issues. Step One: Filing the Divorce PetitionWhether both spouses agree to the divorce or not, before any couple can begin the divorce process, one spouse must file a legal petition asking the court to terminate the marriage. The filing spouse must include the following information: Step Two: Asking for Temporary OrdersCourts understand that the waiting period for divorce may not be possible for all couples. For example, if you are a stay-at-home parent that is raising your children and dependent on your spouse for financial support, waiting for 6-months for the judge to finalize your divorce probably seems impossible. When you file for divorce, the court allows you to ask the court for temporary court orders for child custody, child support, and spousal support. If you request a temporary order, the court will hold a hearing and request information from each spouse before deciding how to rule on the application. The judge will usually grant the temporary order quickly, and it will remain valid until the court orders otherwise or until the judge finalizes the divorce. Other temporary orders may include a request for status quo payments or temporary property restraining orders. Status quo orders typically require the breadwinner to continue paying marital debts throughout the divorce process. Temporary property restraining orders protect the marital estate from either spouse selling, giving away, or otherwise disposing of marital property during the divorce process. Restraining orders are usually mutual, meaning both spouses must follow it or risk being penalized by the court. If you need a temporary order but didn’t file your request at the time you filed for divorce, you’ll need to apply for temporary orders as quickly as possible. When you file for divorce, the court allows you to ask the court for temporary court orders for child custody, child support, and spousal support. Step Three: Serve Your Spouse and Wait for a ResponseAfter you file the petition for divorce and request for temporary orders, you need to provide a copy of the paperwork to your spouse and file proof of service with the court. Proof of service is a document that tells the court that you met the statutory requirements for giving a copy of the petition to your spouse. If you don’t properly serve your spouse, or if you neglect to file a proof of service with the court, the judge will be unable to proceed with your divorce case. Service of process can be easy, especially if your spouse agrees with the divorce and is willing to sign an acknowledgment of service. However, some spouses, especially ones that want to stay married or make the process complicated, can be evasive or try anything to frustrate the process. The easiest way to ensure proper service is for the filing spouse to hire a professional who is licensed and experienced in delivering legal documents to difficult parties. The cost is usually minimal and can help prevent a delay in your case. If your spouse retained an attorney, you could arrange to have the paperwork delivered to the attorney’s office. The party who receives the paperwork (usually titled “defendant” or “respondent”) must file an answer or reply to the divorce petition within a prescribed amount of time. Failure to respond could result in a “default” judgment against the non-responding spouse, which can be complicated and expensive to reverse. The responding party has the option to dispute the grounds for divorce (if a fault divorce), the allegations in the petition, or assert any disagreements as to property, support, custody, or any other divorce-related issues. Step Four: Negotiate a SettlementIn cases where the parties have differing opinions on important topics, like child custody, support, or property division, both spouses will need to work together to reach an agreement. Sometimes the court will schedule a settlement conference, which is where the parties and their attorneys will meet to discuss the status of the case. The court may schedule mediation, which is where a neutral third-party will help facilitate discussion between the spouses in hopes to resolve lingering issues. Some states require participation in mediation, while others do not. However, mediation often saves significant time and money during the divorce process, so it’s often a good route for many divorcing couples. Step Five: Divorce TrialSometimes negotiations fail despite each spouse’s best efforts. If there are still issues that remain unresolved after mediation and other talks, the parties will need to ask the court for help, which means going to trial. A divorce trial is costly and time-consuming, plus it takes all the power away from the spouses and puts it in the hands of the judge. Negotiations and mediation sessions allow the couple to maintain control and have more predictable results than a divorce trial, so it’s best to avoid a trial if possible. Step Six: Finalizing the JudgmentWhether you and your spouse negotiated throughout the divorce process, or a judge decided the significant issues for you, the final step of divorce comes when the judge signs the judgment of divorce. The judgment of divorce (or “order of dissolution”) ends the marriage and spells out the specifics about how the couple will allocate custodial responsibility and parenting time, child and spousal support, and how the couple will divide assets and debts. If the parties negotiated a settlement, the filing spouse’s attorney typically drafts the judgment. However, if the couple went through a divorce trial, the judge will issue the final order. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Helping People Through The Probate Process How Do I Recover From Divorce? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/provo-utah-divorce-attorney/
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Driving while intoxicated (DWI) and driving under the influence (DUI) in Utah is certainly no joke. In the event you are pulled over and are charged, you should be aware of your rights. You must be knowledgeable of the officer’s conduct and the appropriate steps that need to be taken. In most states, DUI is considered a lesser offense to DWI. A DUI charge implies that a driver is unfit to handle a motor vehicle as a result of illegal drug use as opposed to alcohol. Nevertheless, both are serious offenses, and it is important to hire an attorney that is specialized to handle your case. With a DWI charge, you may face more serious consequences, but qualified attorneys that have experience in these cases may be able to reduce the charge to a DUI. More importantly, it is imperative to hire a lawyer that specializes in DWI/DUI cases because other attorneys may not have experience in this field. Locating an experienced lawyer in Utah is a pivotal first step, and failing to do so can have irreversible consequences. When searching for a DWI/DUI lawyer, a background check is a necessary step. You need to know whether or not a lawyer is reputable, his or her caseload history, years of experience handling DWI/DUI cases, and success rates. If you have hired a local Utah attorney to handle your other affairs, he or she can refer you to the best representatives available. You need an attorney who has a strong reputation in the community and who comes highly recommended by others in the field. In addition, you need to select a lawyer who acknowledges your rights and is sympathetic to your case, whether or not you are guilty of charges. Next, you need to create a list of prospective local Utah lawyer/attorneys, and meet with each of them individually so that they can evaluate your case and provide you with consultations. A face to face meeting enables you to determine if a specific lawyer is right for you. Most initial consultation services are free of charge, and qualified attorneys can provide you with options or refer you to other individuals more suitable for your case. Once an attorney has been selected, he or she researches the event, gathers details that serve to disprove charges, and guides you through further processes that need to occur. You must provide your attorney with detailed, accurate information. While small details may seem irrelevant, they may provide your attorney with valid evidence useful for your case. For example, if a police officer does not provide you with substantial reasons for pulling you over, this is evidence that can be used in your favor in court. Utah DUI LawsDiving under the influence (DUI), also referred to as driving while intoxicated (DWI) in some states, is a serious offense across the United States. Under Utah’s DUI laws, anyone in physical control of a vehicle while having a blood alcohol concentration (BAC) of 0.05% or higher has committed a DUI offense. Utah’s DUI statutes also make it illegal to operate a vehicle while under the influence of any drug that prohibits the offender from safely operating a vehicle. The following provides a brief overview of Utah’s DUI laws.Utah Code section 41-6a-502 & 41-6a-503: Driving Under the Influence of Alcohol, Drugs, or a Combination of Both. Operating (or being in physical control of) a vehicle within Utah if the offender: Utah DUI PenaltiesA first or second DUI offense is generally a Class B misdemeanor. However, if the offender falls under any of the classifications below then the offense is a Class A misdemeanor: Revoked or Suspended Drivers LicenseIf the offender is 21 years old or older at the time of the DUI offense, then the offender’s license will be suspended for 120 days. If the offender has a prior DUI conviction within the last 10 years then the offender’s drivers license will be revoked for two years. If the offender is between 19 and 21 years old then their license will be suspended until the offender turns 21 or for a period of one year, whichever is longer. First-Offense DUI in UtahIn Utah, it’s illegal to drive or be in actual physical control of a vehicle while under the influence of alcohol or drugs. Generally, you can be convicted of DUI if you drive: Utah DUI Administrative Penalties“Administrative penalties” are those imposed by the Utah Driver License Division (DLD). These penalties are triggered by a DUI arrest (as opposed to a conviction in court). For a first DUI, the administrative penalties include: 24/7 Sobriety ProgramsUntil recently, successfully challenging a suspension at your administrative hearing or obtaining a dismissal of DUI charges was the only way to shorten a license suspension. Now, Utah has a “24/7 Sobriety Program” that allows drivers to get their license back more quickly. Utah’s 24-7 Sobriety Program requires you to: Aggravating Factors In Utah DUIYou’re on your way home from a friend’s birthday party, and all of a sudden you see flashing lights behind you. You might have only had a few drinks, but your BAC is just a little too high and you end up getting a DUI. While this is certainly not an ideal situation, it actually could be much worse. In the state of Utah, a typical DUI can turn into what’s known as an aggravated DUI if there are certain elements at play. A few of these factors are discussed below, and can turn a bad situation even worse. Multiple DUIs on your recordIn Utah, getting a single DUI is considered a misdemeanor, and can include penalties and the suspension of your license. To discourage people from driving under the influence, each DUI comes with an increasingly harsher punishment. If you are getting arrested for a DUI, and it’s your third one within the last ten years, the state will turn your offense from a misdemeanor into a felony. A felony conviction automatically brings jail time into the equation, and also includes hefty fines. Young passengers in the carThere’s no question that driving under the influence poses a danger to you and all of those around you on the road. However, if you are convicted of a DUI and you had a minor in the car while you were driving, your penalties will be more severe. Each state is different when it comes to setting the age at which passengers must be, but for Utah specifically, anyone in the car under the age of 16 will cause law enforcement to handle the situation as an aggravated offense. Excessive blood alcohol concentrationFor you to be considered safe to drive, your blood alcohol concentration must be below .08. Anything at or over that level will earn you a DUI. However, if you have been drinking an exorbitant amount, and your BAC tests at .16 or higher, you will be charged with what is known as an enhanced penalty DUI. This basically means that your blood alcohol level was so high, it is considered to be an aggravated situation. Because you were so severely impaired while driving, your consequences will be much higher. Crashing your vehicle or injuring othersNaturally, driving under the influence is taken very seriously and measures are put in place to ensure you don’t repeat the same mistake. Yet if you are driving while drunk and you injure another person or cause serious property damage with your vehicle, your fines and license suspension will increase exponentially. Instead of being a danger only to yourself, you are now a danger to others, and you will be penalized as such. If the damage or harm is severe enough, you might even face jail time. DUI Judicial ProceduresIn Utah, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts are required to order the installation and monitoring of an interlock device for any driver whose BAC levels are .08% or higher, even if a first offense. License Revocation, Fines and Jail• First Offense – Misdemeanor: minimum $700 fine plus surcharge, not less than 48 consecutive hours in jail OR 48 hours compensatory service work program OR electronically monitored house arrest, 120 days license suspension, drug and/or alcohol assessment and screening and possible education or treatment as required, and will become alcohol restricted driver for 2 years (driving with any measurable amount of alcohol in the system will be an offense). Possible ignition interlock restriction required as a condition of probation for a time period determined by the courts (3 years if under 21 years old). Reasons for Suspension or RevocationToo many traffic violations, an alcohol offense, and certain criminal convictions are just some of the reasons that your license may be suspended or revoked in Utah. Utah operates a points-based system for determining when your driver’s license should be suspended. Points are assessed against your license for each traffic violation, and your license may be suspended when you accrue a certain number of points. Utah DUI LawyerWhen you need a free consultation for a DUI in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Utah Child Support Enforcement What Are The Five Stages Of Divorce? How Long Does It Take To Get A 700 Credit Score After Bankruptcy? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/dui-lawyer-utah/ Murray City, originally known as South Cottonwood, lies eight miles south of Salt Lake City between Big and Little Cottonwood Creeks. It is named for Eli Murray, territorial governor from 1880 to 1886. Although first settled in 1849, Murray was not incorporated until 1902. Its central valley location and plentiful water have allowed Murray to evolve from an agricultural to industrial to suburban community. Murray was settled as part of the initial expansion south of Salt Lake City. Early residents in the area divided the grasslands south of Salt Lake into homesteads or parcels where they raised cattle and cereal grains. Most of the cattle provided dairy products, while wheat, corn, and some rye were grown to feed the family and animals. Construction of the Woodhill Brothers’ smelter in 1869 initiated Murray’s industrial history. Murray produced the first silver bars smelted in Utah in 1870. The smelters continued to dominate the local economy until the close of the ASARCO lead smelter in 1950. Business and commercial enterprise prospered along with the smelter industry. Murray was praised as a shining example of cooperation between business, industry, and government early in the twentieth century; it was hailed for its own water plant, lighting system, smelter, canning factory, flour mills, and brickyards. Murray’s industry was hard hit by the 1930s depression. The smelters began to close in 1931, and major industry had all but vanished by 1940. Murray was quick to take advantage of various federal projects to compensate for this economic loss. The city actively sought federal money to refurbish its twenty-two-acre park and buildings and to purchase an additional twelve acres of fairgrounds. By 1939 Murray was the site of the annual Salt Lake County Fair. Even though the smelters, brickyards, and flour mills that fueled Murray’s industrial economy either closed or moved between 1930 and 1950, its central location makes Murray an ideal bedroom community and area of small businesses and service industries. The present population (31,282 in 1990) is employed in office, service, and industrial jobs throughout Salt Lake Valley. From 1950 to the present, Murray’s population has continued to expand and prosper. Should I Consider Filing for Divorce First In Murray, UtahIt doesn’t look like your marriage is going to work. You brought up an uncontested divorce. She didn’t respond, or you couldn’t agree on the terms of the divorce. What should you do next? You have a feeling, or worry, it’s going to be a divorce war. Should you filed the divorce first? Divorce can feel like a battle, which causes people to think strategically. You are not going to be like you brother, or your co-worker who got taken to the cleaners. If she wants an ugly divorce you are going to be the first to hire a divorce lawyer and to file. Okay, you may need a strategy. But, let’s slow down for a moment and discuss if filing the divorce first is a good strategy for you. Typically, filing for divorce first does not typically provide a huge advantage. Here are our thoughts on some of the advantages, and disadvantages of filing your divorce before your spouse. 2. Timing: By filing first you get to choose the timing of the divorce. You force your spouse to hit the proverbial tennis ball back. Filing papers while your spouse is away on vacation, although considered aggressive, is a strategic move. Please keep in mind what we said in the beginning about unethical moves and that they can work against you.) By law, your spouse has 20 days to contact a divorce lawyer and prepare a response to your filed papers. If they fail to file the response, you may get a default divorce. It’s a small victory though. Default divorces are easily dismissed and the 20-day deadline reset. The bigger victory is you forced your spouse into reacting without being able to fully prepare. You don’t have a deadline because you filed first. • You Pay More: Because you filed first you must serve your spouse with the Complaint for the divorce. To properly serve your spouse you will need a process server. Process servers cost around a hundred dollars. Your spouse doesn’t need to serve her response to your Complaint. She only needs to mail it back. Marital AbandonmentWhile leaving a spouse is never an easy decision, there are a few things to note before you start filing the paperwork, especially if your partner is sick or there are children in the picture, as both of these factors play a large role in the two major types of marital abandonment. It also may be helpful to understand these two different types of abandonment if you think your spouse may leave you, whether you are sick or have kids. It’s important to figure out whether your state is a at-fault or no-fault divorce state. In an at-fault divorce state, if you’re claiming abandonment, you’ll have to prove certain things to the court. Arm yourself with information and find out exactly what marital abandonment really is, and how it can affect your divorce. Criminal AbandonmentOne major type of marital abandonment is criminal abandonment. This occurs when one person stops providing for the care, protection, or support for their spouse who has health problems or children who are minors without “just cause.” For example, if your spouse suffers from cancer and you no longer feel capable of being their caretaker, the court will not recognize your desire to leave someone who is dependent upon you as grounds for a divorce. However, that doesn’t mean you won’t be able to get a divorce. You can still be granted one in a no-fault state because laws are in place to make sure anyone who wants a divorce is able to get a one. There is a catch, however. While you are free to walk away from a sick spouse, the courts will see your partner as financially dependent upon you. Because of this, you’ll still be financially responsible for helping maintain their medical care. Additionally, according to the law, if you have children, you have a legal and financial responsibility to care for and provide for them, even if you leave your spouse. By the same token, if your spouse leaves you and you have children together, they are still responsible for financially supporting your kids. Murray Constructive AbandonmentThis type of abandonment occurs if you are able to prove in a court that your spouse makes life unbearable and that your only option was to leave the marriage. In other words, you would need to have “just cause” to leave the marriage for reasons like domestic abuse, infidelity, withholding sex, or refusing financial support. Although filing for divorce is generally easy (in most cases), proving marital abandonment in court can be a challenge. However, since you can get a divorce with or without your spouse’s permission in no-fault states, filing on the grounds of abandonment doesn’t hold much legal water these days. In other words, the courts can’t force you or your spouse to stay in a marriage. The one who abandons the marriage will not be forced to return, but they will be held financially responsible for things such as child support, spousal support, and property division via a divorce court order. The Pros And Cons Of A Litigated Divorce In Murray UtahWhile most divorcing couples choose a collaborative divorce path (i.e. mediation), there are still situations in which litigation is either necessary or more appropriate. In fact, some divorcing parties may fare better during a litigated divorce. For others, it may be the only way to ensure a fair ruling. Potential Disadvantages of a Litigated DivorceSince the risks of a litigated divorce can sometimes outweigh any potential benefits of litigation, divorcing parties are highly encouraged to consider the disadvantages before examining any possible benefits of this divorce path. In particular, parties should know that: v Potential Advantages of a Litigated DivorceAlthough there are many potential disadvantages to a litigated divorce, there are also some distinct advantages that parties should know, such as: Murray UT Divorce LawyerWhen you need legal help with a Divorce in Murray Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Murray Utah Divorce Attorney first appeared on Michael Anderson.
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Utah Child Support Enforcement Does Divorce Pain Ever Go Away? Can I Negotiate A Garnishment? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/murray-utah-divorce-attorney/ The Utah employment agreement is a document that states an employer’s terms and conditions to potential employees. Employment agreement are essential to the working relationship of both parties as they must agree upon the compensation offered to the employee for the duties they perform. The contract also provides clarity into the schedule, or “employment period,” in which the designated duties must be executed. Through the completion of the agreement, the employer protects their assets and removes themselves from certain liabilities in the event of a legal claim filed against them by an employee. Utah Legislature Imposes Limits On Post-Employment Non-Competition CovenantsThe Utah Legislature recently enacted the Post-Employment Restrictions Act (Act), which took effect on May 10, 2016. The Act restricts non-competition agreements with employees. It does not limit non-solicitation, non-disclosure, or confidentiality agreements. The Act applies to non-competition agreements executed after May 10, 2016, and to non-competition agreements entered into prior to, but renewed after, the effective date of the Act. Employers should be aware of the Act and ensure that all non-compete agreements they use after May 10, 2016 comply with the Act. The Act provides that “an employer and an employee may not enter into a [non-competition agreement] for a period of more than one year from the day on which the employee is no longer employed by the employer.” Any agreement that restricts competition for more than one year is void (not merely voidable). Two types of agreements are excepted from this restriction: Fundamental Employee RightsAbsent a covenant not to compete or breach of a confidential relationship, employees may plan to compete with their employer while still employed and can leave employment and compete with a former employer. Protectible Interests of EmployersWhen an employee’s position enables the employee to learn proprietary information, the employee’s departure exposes the business to unfair competition by the former employee because knowledge of his former employer’s confidential information, operations, and customers may provide an undue advantage. In most jurisdictions, employers have a limited right to protect against such competition, and restrictions that are reasonably necessary to protect an employer are valid. Any ambiguity in a post-employment agreement will be construed in favor of the employee. In suits to enforce restraints, employers bear the burden to show that the restraint is no greater than necessary to protect a legitimate business interest; is not unduly harsh in curtailing an employee’s ability to earn a livelihood; and is reasonable. Prohibiting a former employee from employment in any capacity by a competing company is often deemed unreasonable. When an employee is hired, it is appropriate to obtain a representation that the employee is not covered by any agreements restraining the employee’s right to perform the duties of the position, and that the employee will not disclose any former employer’s confidential information. Consideration for Enforceable AgreementAn agreement must have consideration flowing to the employee. Accepting employment at-will is sufficient consideration to support a restrictive agreement by an employee. But if the only consideration for the agreement is the employment itself, courts diverge on whether an enforceable agreement restricting post-employment competition must be signed before employment commences. In some states, although an employer never mentioned at the time of hiring that there would be any post-employment restrictions on competition, courts will enforce a covenant signed after employment commenced. In other jurisdictions, non-compete agreements are void for lack of consideration when employers fail to include them in the original terms of employment. Even in states where continued employment is insufficient consideration for a covenant signed after an employee began working, when the agreement is supported by independent consideration, it will be enforceable. A wage increase, a bonus, a new benefit, or a change in status can be sufficient consideration for covenant agreed to after employment commences. Reasonable RestraintsLack of durational and geographic limitations renders an agreement void. A former employee’s agreement not to compete against his ex-employer will be upheld if the restraint is no wider geographically and no longer in duration than reasonably necessary to protect the business of the employer. Determining the reasonableness of a restraint requires an examination of surrounding circumstances, including the nature of the employer’s business, the subject matter, the purpose served, the situation of the parties, the nature of the former and subsequent employment of the employee; whether the employee is highly skilled or unskilled; and whether the covenant is necessary to prevent the solicitation of customers. Employee SolicitationMost courts will enforce contractual agreements restricting a former employee from poaching employees after the employment relationship ends. Such agreements, like covenants not to compete, must be supported by consideration. Effect of TerminationSome states deny enforcement following a termination, depending whether termination was for cause or not. In such jurisdictions, if the employer has materially breached the employment agreement in terminating the employee, courts will not enforce a post-employment restraint. In some jurisdictions, courts will not enforce restraints against employees terminated without cause. By its terms, the agreement imposing post-employment restraints should apply regardless of whether the executive resigns, or is terminated with or without cause. One strategy for promoting compliance and achieving enforcement is to tie the period of the restraint to a severance package. In circumstances involving a termination without cause, where a severance package will be paid over time, severance payments may be conditioned upon compliance with the post-employment restraint. InjunctionsA prompt injunction precluding competition by a former employee is usually the essential relief to avoid competitive harm. In general, an employer seeking to enjoin a former employee from competing pursuant to a contract must establish four elements: likelihood of success on the merits; greater injury would result from not enforcing the agreement than from enforcing the restrictions; irreparable harm will occur unless the injunction is granted; and the public interest would be served by granting the injunction. The agreement should contain an acknowledgement that, because of employee’s knowledge and role in the company, a breach of the agreement not to compete would cause irreparable harm, the restraint would not prevent the employee from earning a living, and immediate injunctive relief to prevent the breach would be essential. The duration of an injunction may run from the date of the court’s order, or from the termination of employment. DamagesFormer employees may also be liable for monetary damages measured by the net revenue lost due to the competition, disgorgement of the employee’s profits, as well as other tort damages. Some jurisdictions will enforce a liquidated damage provision in an agreement not to compete, provided that they are not a penalty. Caution must be exercised, however, because in some jurisdictions, the presence of a liquidated damage clause may preclude injunctive relief. A post-employment agreement should define what activities are prohibited, where the prohibition applies, and how long it will last, citing the reasons why protection is necessary. A prohibition against solicitation of customers is also valuable in preserving relationships with customers. Post-employment restraints should apply regardless of whether the executive resigns, or is terminated with or without cause. By linking the period of the restraint to the payout under a severance package an employer may increase the probability of compliance with the restraint, as well as the likelihood of success in its enforcement. Importance of an Employment AgreementEmployment Agreement are important for both employee and employer. It bonds both parties to do their duties and responsibilities. For an example: The basic duty of employee is to work for employer and Employer should pay employee according to work within certain time frame. Employment Agreement is legally definitions that state the relationship between two parties as Employer and employee. An employment Agreement will create a strong basis for protecting both your parties’ interest and the employee’s specific role in the company. It will hold details as the employee responsibilities, their health insurance policy, sick days, annual leave days, reasons for why their employment may be terminated, and much more. Generally, agreement of employment is poorly drafted and inadequate and in many cases there is verbal agreement that mean there is no written terms and condition. Such scenario may bring difficulties for parties. Other are: • Understanding of duties (Employee and Employer): The very fundamental things an employment agreement will have is position and duties of the employee. This will assure employee about his/her day to day task or his/her ultimate goal. Agreement also helps employer to expect good performance from employee. If an employee is consistently underperforming and not meeting the agreement set out in their contract, their employer will have reason to take action. Employer also have responsibility to pay to employee, facilitates with different incentives, bonus or benefits. The pay rates, income, benefits bonus etc should be clearly mention in contract and employer should follow accordingly as a duty. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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How Long Does A Garnishment Last? What Are The Units Of A Private Placement Memorandum? Utah Child Support Enforcement Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/post-employment-agreement/ Enforcement of Child Support. If you owe unpaid child support, your child’s other parent has a number of ways to collect the money from you. • Even without a judgment for past-due child support, there are other options for collection, such as automatic wage withholding. Failure to Pay Child SupportChild support is intended to provide for a child’s needs, from housing to food to clothing and even extracurricular activities. It’s not payment made to the custodial parent in exchange for caring for the child, although most states don’t regulate how the money is actually used. Only 43.5% of the children who are owed child support money regularly receive full payments, according a Census Bureau’s Custodial Mothers and Fathers and Their Child Support 2018 report. Failure to pay child support is a federal offense in the Utah, and noncustodial parents who fail to pay face several penalties. Utah Driver’s License SuspensionAll states ask if you pay child support as a part of their driver’s license renewal process, and local child support agencies regularly report to the Division of Motor Vehicles when a parent falls behind on support payments. This allows the state to quickly check and enforce this first-step penalty for failure to pay. Utah Wage GarnishmentThe state will contact an employer directly and have the company take support payments out of a parent’s paycheck under a court-issued Default Judgment and Wage Garnishment Order. The money is then sent to the state for transmittal to the custodial parent. Utah Fines and PenaltiesSome states also charge additional fines and penalties for unpaid child support. Parents who fall far behind on regular payments can wind up owing tens of thousands of dollars. Utah Denial of PassportsDelinquent parents could find that they’re unable to obtain passports. The state can prevent them from obtaining or renewing them, limiting the ability to travel for work or leisure. Dismissal From Military ServiceNoncustodial parents in the military who fail to pay child support can be dismissed from military service as a consequence for nonpayment. Jail Time In UtahImprisonment is usually the last resort for failure to pay child support. The duration of the sentence can vary by jurisdiction, but parents are usually released as soon as all child support arrears are paid. Unfortunately, the parent can’t work during a period of incarceration. Parents who go to jail for nonpayment rarely emerge from jail better equipped to address the issue. Utah Federal PenaltiesParents can also be convicted of a federal offense under Section 228 of Title 18 of United States Code in cases where they owe child support and move to a different state. The federal government must prove several things in order to secure a conviction under this law: Failure to Pay Due to Financial Hardship In UtahThere are times when a parent simply can’t make child support payments due to unexpected job loss or another legitimate hardship. Parents should never simply fail to make child support payments altogether when this happens. They should communicate with the co-parent and with the state about the underlying issue. Parents who struggle with support payments can seek formal child support modification through the courts. In the meantime, they should continue to provide support in other ways to the extent possible, such as by providing clothing, food, medical care, or child care. How to Not Pay Child Support In Utah• Understanding Child Support Calculations: Understand the purpose of child support. Child support is designed to allow a child to enjoy a standard of living that is approximate to what he or she would have enjoyed had the parents lived together. Child support may be ordered when the parents are separated, have never lived together, or are in divorce, dissolution of marriage, annulment, or in the midst of paternity and legal separation cases. Typically, it is paid to the parent with whom the children spend the majority of their time. Child support is not alimony. The purpose of alimony is to rehabilitate or support a former spouse. Though the other parent may financially benefit from child support payments, the purpose of the payments is to benefit the children who no longer live with you. Once set, child support payments can only be modified by court order. Utah Obtaining Custody of Your Children• Understand what you need to prove at court: Another way to stop child support payments is to obtain custody of the child. If you ask for custody, the court will look to a variety of factors to determine what is in the child’s “best interests.” These factors will differ by state. They will be listed in either a statute passed by the legislature or in a court opinion issued by your state supreme court. Courts will look at different factors, depending on state. Utah, for example, considers: the love and affection existing between the parties and the child; the ability and willingness of the parties to provide food, shelter, clothing, and medical care; moral fitness of the parent; stability of the custodial environment; and mental and physical health of the parties, among other factors. Among a variety of factors, Utah considers the wishes of the child; the child’s adjustment to home, school, and community; the mental and physical health of all individuals involved; as well as the interaction and interrelationship of the child to each parent and to siblings. To find the specific factors for your state, search online for “best interests of the child” and then your state. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Exhibitition Of Speed Defense Attorney What Are The Top Reasons For Divorce? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-child-support-enforcement/ Before 1858, a divorce required a private act of Parliament so the opportunity was only available to a few people. Today, whilst divorce is a far more common occurrence, there is still only one legal ground for divorce, which is that the marriage has irretrievably broken down. This can be proved by establishing one of the following facts, adultery, unreasonable behavior, desertion, two years’ separation with consent or five years’ separation. When someone has obtained decree absolute (the final decree of divorce meaning the marriage is dissolved and you are divorced) is their divorce then a matter of public record? The simple answer is yes. Anyone will be able to obtain a copy of the decree absolute, as with birth, adoption, marriage, civil partnership and death certificates. How Do I Go About Locating A Copy Of My Decree Absolute?It is relatively easy to obtain a copy of decree absolute and the government website provides details of how to request a copy. You can contact the court where the divorce, dissolution or annulment took place to get a copy of a decree absolute or final order (you will have to pay the court an administration fee for this service). It would be helpful if you know the case number but if you do not, you can give the court the date you think the case happened and they will search 5 years of records either side of that date. If you do not know which court to ask, you can ask the Central Family Court to search for the decree absolute or final order at an additional cost. How Long Do Solicitors Keep Divorce Files?In the first instance, it may be easier to contact your solicitor who carried out your divorce to see if they can provide you with a copy of your divorce file. The Solicitors Regulation Authority does not provide timescales for the storage of files, the matter needing to be considered and assessed by the principals of the firm in accordance with the Solicitors Regulation Authority’s Code of Conduct Ogden, Utah Divorce BasicsDivorce in Utah is referred to as Dissolution of Marriage and is conducted as a civil action, with one party, the Petitioner, filing a Petition for divorce, and the other party being named as a Respondent. Residency RequirementTo file for divorce in Ogden, Utah, either spouse must be a bona fide resident of the state and must have lived in the county of filing for the three months immediately preceding commencement of the action. Divorce FilingThe Petition may be filed in the district court of the county where either spouse resides. If the Petitioner is a member of the armed forces of the U.S. who are not legal residents of this state, he/she may file for divorce if he has been stationed in the state for the three months immediately preceding the commencement of the action. No hearing for decree of divorce may generally be held until 90 days have elapsed from the filing of the complaint, provided the court may make interim orders that are just and equitable. The 90-day period shall not apply, however, in any case where both parties have completed the mandatory education course for divorcing parents. Spouse’s NameAlthough there are no statutory provisions for the restoration of a spouse’s name when divorcing, either spouse may request that his/her former name be restored on the Petition or the judge will honor the request. Ogden Utah Legal Grounds for DivorceThe court may decree dissolution of marriage for any of the following grounds: • Habitual drunkenness of the Respondent; Annulment Ogden UtahThe following are prohibited and void marriages and they may be annulled for these causes: Ogden Utah Property Division And DisputesIn all dissolution and separate maintenance actions, the court and judge have jurisdiction over the distribution of property. Utah is an equitable distribution state. Therefore, marital property shall be distributed fairly and equitably. When a marriage of long duration dissolves on the threshold of a major change in the income of one of the spouses due to the collective efforts of both, that change shall be considered in dividing the marital property. If one spouse’s earning capacity has been greatly enhanced through the efforts of both spouses during the marriage, the court may make a compensating adjustment in dividing the marital property. Alimony and Support In Ogden UTIn all dissolution and separate maintenance actions, the court and judge have jurisdiction over the payment of alimony. When determining alimony, the court shall consider, at a minimum, the following factors: Ogden Utah Custody LawThe court shall consider joint custody in every case, but may award any form of custody which is determined to be in the best interest of the child. If the court finds that one parent does not desire custody of the child, it shall take that evidence into consideration in determining whether to award custody to the other parent. In determining whether the best interest of a child will be served by ordering joint legal or physical custody, the court shall consider the following factors: No-Fault & Fault Divorces in Ogden, UtahWhile some states are strictly no-fault divorce states, Utah allows individuals to file fault-based divorces and no-fault divorces. Thus, an innocent spouse can file a fault-based divorce on the ground of “adultery.” Under Utah law, adultery is voluntary sexual intercourse with someone other than one’s spouse. If a spouse files divorce on the ground of adultery, he or she must be able to prove the relationship to the court. Often, circumstantial evidence will suffice. Examples of circumstantial evidence: Ogden Utah Divorce AttorneyA lawyer can make sure that you both review and understand anything before you sign or agree. An experienced family law attorney is often a good idea for situations where the divorcing couple has a large amount of assets, property or other complicated financial matters. In more contentious divorces, an attorney can make sure that your interests are represented in court. Even in a “friendly” divorce you are often better off hiring a lawyer to help file paperwork and guide you through the court system. Ogden Utah LawyerWhen you need legal help in Ogden Utah for divorce, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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How Do You Survive Bankruptcy? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/divorce-ogden/ If you have any experience in personal injury cases, chances are you groan with frustration at even the thought of handling a case involving a Medicare lien. If you start early, and remain organized, you can prevent Medicare from holding up your settlement check at the end of your case, which can happen if you do not have Medicare’s final demand when it’s time for the adjuster to issue the settlement check. Contact Medicare’s Benefits Coordination and Recovery Contractor (BCRC).The BCRC collects the information for Medicare and opens the file with the Medicare Secondary Payor Recovery Center (MSPRC). Submitting False Or Fraudulent ClaimsOne of the most common forms of healthcare fraud is the submission of false or fraudulent claims. These claims can take a variety of forms. This could include creating a claim for services that were never performed at all or were performed by someone else. Not all claims of fraud involve falsified care. In many cases, healthcare providers profit from performing tests or treatments that are unnecessary. This can also include what is known as “upcoding.” Upcoding involves billing Medicare or Medicaid with the most expensive medical devices or treatments available but providing them with less expensive options. The doctor would then pocket the difference. Making Duplicate ClaimsDouble billing is another common form of fraud. This type of fraud is often more deceptive than simply submitting the same claim documentation twice. Often, medical providers will order a battery of tests and submit them all as a single claim. If the provider then submits an additional claim for a single test out of that battery with the intent to defraud Medicaid or Medicare, they could face federal charges. Manipulating Undercharging RequestsMany providers use the high volume of claims from their office as cover for fraudulent activity. Because of the complexity of billing, it is common for over or under-billing to occur. Typically, providers will submit a bill when they discover they undercharged. Conversely, the providers are required to return payments when they discover they have overcharged for their services. A common form of fraud involves requesting payment for undercharges but failing to report any overcharges. Using KickbacksThe Anti-Kickback Statute prevents acts of self-referral. This form of fraud does not directly involve filing a claim with Medicare or Medicaid. Instead, the fraud occurs by referring a potential patient to a care provider that you have a financial interest in. This could include a family member’s medical practice or another provider that you have a kickback agreement with. Proving Medicare Of Medicaid Fraud In UtahThe specific elements of a healthcare fraud case depend on the type of fraud that is alleged. In each case, the federal prosecutor must establish that you have committed that specific type of fraud, whether it is filing fabricate claims or seeking double payment. There are two important elements that the government must meet in each case: knowledge and intent. The absence of these elements can be fatal to the government’s case. First, to be guilty of fraud you must know that the claims you are submitting are fraudulent or otherwise unlawful. This can result from falsifying medical records yourself or knowing someone else has done so. This provision protects someone who has made an honest mistake from prosecution. This mistake could have occurred in the claims process or within the medical records. In addition to knowledge, the government must also show you had the intent to defraud these federal programs. This concept is similar to having knowledge of fraudulent documentation, but there is an important difference. There are other reasons besides fraud that a person could be motivated to alter records. If a person alters medical records to avoid being fired for breaching a company policy, they may not be guilty of healthcare fraud. Unfortunately for them, there are other criminal statutes that likely apply. Possible Penalties Of Federal Medicare Or Medicaid FraudThere are multiple federal statutes that provide potential criminal liability for healthcare fraud. These penalties differ depending on the specific allegations. The two statutes most commonly used in Medicare and Medicaid fraud prosecutions include: Collateral ConsequencesWhen it comes to accusations of Medicare or Medicaid fraud, it is understandable if a potential prison sentence dominates your thoughts. It is important to understand that there can also be collateral consequences for a conviction. These consequences typically center around professional licenses. Doctors, surgeons, and nurses all require a license to practice their chosen profession. The governing bodies that govern these licenses are typically state agencies, and they have a keen interest in allegations of fraud. If you are convicted or plead guilty to a fraud charge, the odds of you losing your medical or nursing license forever are strong. This aspect of fraud charges is one strong reason why plea bargains are not always in your best interest. While the courts and prosecutors can promise that you will avoid prison or face limited penalties with a guilty plea, they have no power over state regulatory bodies. Your best chance to keep your medical license is to beat the charges against you. Common Defenses Of Medicare & Medicaid Fraud In UtahThere is no guarantee that an accusation of healthcare fraud will result in your conviction. Your attorney could play a major role in this determination by crafting an appropriate defense. The best defense in your case will depend on the facts involved. For some, actively proving an affirmative defense makes sense. In other cases, relying on the federal government’s lack of evidence is enough. Some of the common defenses for Medicare or Medicaid fraud charges include: Personalized plan structuresMedicare Advantage offers different plan types for your personal situation. For example, if you have a chronic health condition, an SNP Advantage plan can help with your medical costs. If you prefer provider freedom, a PPO or PFFS plan may be more of what you’re looking for. Cost-saving opportunitiesResearch Trusted Source has shown that you can save money on laboratory services and medical equipment by switching to a Medicare Advantage plan. In addition, some Advantage plans have no costs for certain premiums or deductibles. Another advantage of choosing Medicare Advantage is that there’s a yearly maximum out-of-pocket amount. Coordinated medical careMany Medicare Advantage plans are offered under structures that take advantage of coordinated medical care. This means that any providers you visit will be in communication with each other to provide you with coordinated, effective medical care. Limited service providersIf you choose one of the more popular Medicare Advantage plan types, such as an HMO plan, you may be limited in the providers you can see. You may even face higher fees if you choose to an out-of-network provider with these plans. Other plan types do give you more provider freedom, though those plans may be limited and costly. Medicare Defense Lawyer In UtahWhen you need legal help for medicare defense, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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What Is The Final Stage Of Divorce? Does The Automatic Stay Stop A Garnishment? Publishing A Notice To Creditors In Probate Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/medicare-defense-lawyer/ Perhaps one of the most devastating consequences of being convicted of a sex crime in Utah is being required to register with your local police department or sheriff’s station and put on the sex offender registry pursuant. If you are convicted of a sex crime in Utah, you will likely be required to register under the sex offender registry pursuant to Penal Code Section 290. This is a lifetime requirement. That means while living in Utah, you must register as a sex offender for the rest of your life unless and until you receive legal relief from this requirement. Being labeled a sex offender could impact your entire life. Your reputation in the community will be tarnished and you may find it difficult to find and maintain employment. You may be required to stay away from certain areas, such as schools and parks, and you could lose your professional license if you are a doctor, lawyer or other licensed professional. That is why it is so important to hire an experienced sex offender attorney to help you relieve your requirement to register and clear your name. If you face allegations of a sexual assault or another sex crime, your freedom is on the line. You likely have more questions than answers right now, wondering things like how to beat a sexual assault charge or how to beat a false rape accusation. Sex crimes charges are frightening, and a conviction will change your life forever by branding you as a sex offender. As you think about your future and begin identifying your legal options, it is important to remember one thing: It is possible to beat a sex crime charge. There are many components to a successful defense, but the following are the keys you need to consider. • Hire An Attorney With Experience: You only get one chance to defeat these damaging charges, and you cannot afford to leave that chance in the hands of an attorney who is figuring things out as he or she goes along. We have experience taking these cases to trial and achieving the best possible outcome for people facing charges such as sexual battery, pornography possession and sexual exploitation. • Do Not Talk About Your Case With Anyone Before You Talk To Your Attorney: You have nothing to gain by trying to go out and defend your reputation on your own, confronting accusers or even cooperating with a police investigation. Even if you have done nothing wrong, there are significant risks to speaking without counsel present. • Do Not Wait For Charges: If your charges were a surprise, that is okay; a lawyer can help you. But if you believe you are under investigation or someone has accused you of a crime, do not wait for charges to be filed to get in touch with us. The sooner you have us working on your case, the sooner we can gather evidence, pursue a dismissal, negotiate a plea or prepare for a possible trial. Many sex offenses fall under state jurisdictions, but several offenses are also covered by federal law. Offenses often fall into categories such as abuse, molestation, or exploitation of a minor, sexual conduct with a minor, indecent exposure or lewd acts, and sexual assault. Attempted offenses are also prosecuted. Also, failing to register as a sex offender and violating Sex Offender Registration statutes are prosecuted as sex offenses. According to the US Department of Justice, sex offenders must register if convicted of any of the following offenses: • Having or receiving child pornography Sex Offender Registration and Other Legal ConsequencesConvicted sex offenders face legal consequences such as jail or prison time and/or fines, depending on jurisdictional sentencing guidelines and the judge’s decision. Convicted sex offenders may also be required to register in national or jurisdictional databases. The length of time a person remains on a registry can vary by jurisdiction, crime, and sentencing requirements, and can range from a default minimum of 5 years to life. Sex offender registries make much of an offender’s personal information available to the public, though some information is prohibited from public availability. Prohibited information includes the victim’s identity, references to arrests not resulting in conviction, and the sex offender’s Social Security number and passport and immigration document numbers. Sex Offense AppealsA person convicted of a sex crime can appeal the verdict or the sentence and have a higher court consider whether any errors occurred at trial or in sentencing that entitle the convicted person to a new trial, dismissal of the case, or a different sentence. A person, who is convicted of a crime, including a sex crime, can appeal the conviction or sentence. By filing an appeal, the convicted person asks an appellate court to review and overturn the judge or jury’s decision. A defendant who files an appeal is referred to as “the appellant” in the appeal process. An appeal is not a second trial. Appellants do not get to present witnesses and evidence and try to convince the appellate court judges that they are not guilty or should have been found not guilty. Winning an appeal on any of these grounds is an uphill battle, and most convictions are affirmed. But it is worthwhile to consult an experienced appellate attorney to review a conviction because, in some cases, errors do occur or the evidence is legally not strong enough to support the finding of guilt, and the decision is reversed. If an appellate court reverses the conviction, the appellant may get a new trial or the case may be dismissed. Sex crimes can include a broad range of criminal convictions, from very serious offenses, such as rape, sexual battery, child molestation, child pornography, and child enticement, to less serious offenses involving teen sexing, prostitution, and statutory rape. Like other criminal convictions, sex crimes can result in a jail or prison sentence, fines, and/or probation. Sex crimes also can result in lifetime mandatory sex offender registration. Criminal Appeals ProcessOn appeal, defendants are limited to presenting issues that were raised at trial. That means the appellant can argue on appeal only about issues that were presented at the trial. For example, if a defendant or defendant’s counsel argued unsuccessfully at trial that a witness’s identification should not be admitted because a police officer pressured the witness to identify the defendant, then the defendant can raise the same argument on appeal and ask the appellate court to review the trial judge’s ruling on that evidence. However, a defendant cannot argue in the appeal that he should have been able to present evidence that eyewitness identifications are unreliable if he did not ask the trial judge to allow him to present that kind of evidence. Common issues raised on appeal include• rulings by the trial court to allow or not allow certain evidence to be presented Even if an appellant is able to show that an error occurred at trial, the conviction will not be overturned unless the error impacts a “substantial right” of the defendant, such as the right to confront a witness who testified against the defendant. For example, even if the court finds that the prosecutor made some inappropriate remarks during closing argument that unfairly prejudiced the defendant, if there was enough evidence to prove the defendant was guilty, the verdict is not likely to be overturned. The rationale is that defendants are entitled to fair trials but not perfect trials. Lawyers call these errors “harmless errors,” because although they were mistakes, their impact was minor when compared with other, counterbalancing evidence of guilt What if a defendant has a claim about evidence that should have been presented at trial, but was not? In that situation, a person convicted of a crime can file a “writ of habeas corpus.” A person who files a writ of habeas corpus is referred to as the “petitioner” in the habeas proceeding, which also is called a “post-conviction proceeding.” A petitioner can present many issues in the habeas proceeding that cannot be raised in an appeal, because a habeas proceeding is not limited to a review of arguments made during the trial. In fact, the main function of a habeas proceeding is to address issues that, for certain reasons were not addressed during the trial. For instance, in a habeas proceeding, a court can address new evidence that was not presented during the trial because it was not available to the defendant and defendant’s counsel or because they did not know the evidence existed. In a habeas proceeding, the petitioner files a petition for writ of habeas corpus with the trial court. If the court grants the petition, the defendant may be entitled to a new trial. If the court denies the petition, the petitioner can appeal the denial. The appeal of the habeas decision is separate from an appeal of the criminal conviction. Sex Offender RegistrationFor many people, the most dire consequence of a sex crime conviction is sex offender registration. Registered offenders must make personal information, including their names, photos, and addresses, available to law enforcement agents, who may make the information available to the public, often via the Internet. Being a registered sex offender makes it difficult to find work or housing, among other things. A defendant can appeal a sentence that includes an order to register as a sex offender. To win this appeal, the defendant must show that the order to register was not required or permitted by the law governing his case. If the appeal is successful, the defendant will not have to register or can be removed from the sex offender registry if already registered. Sealing or Expunging a Criminal RecordIn many states, if you are convicted of a less serious crime and then have no arrests or criminal convictions for a number of years, you may be able to expunge (destroy) or seal (hide) your criminal record. Once your record is expunged or sealed, you can honestly answer “no” if you are asked if you have been convicted of a crime. However, whether it is possible to seal or expunge a conviction for a sex crime varies from state to state and most states have restrictions against expunging or sealing criminal records of violent sex crimes and sex crimes against children. Despite all of these restrictions, registered sex offenders are allowed to experience some freedoms. This is opposed to how their existence would be if they were still incarcerated. The difference can be very significant. For example, sex offenders allowed to: What Sex Offenders Can’t DoThe list of prohibited activities for registered sex offenders is very long and comprehensive. Sex offender registration means that a person has been deemed to be a potential danger to others. Some of the things that a registered sex offender isn’t allowed to do include: Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Utah Sex Offender Attorney first appeared on Michael Anderson.
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Can You Settle A Debt After Garnishment? What Is A Private Placement Exemption? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-sex-offender-attorney/ A divorce decree is the final step in the court proceeding for your divorce. It contains important information about the court’s decision. A divorce decree is not the same thing as a divorce certificate, and the two documents have different purposes. The divorce certificate is issued by your state for record-keeping purposes, as opposed to the divorce decree, meaning a final, enforceable order by the court that you and your spouse must follow. It resolves all of the issues that were part of your divorce. When Is a Divorce Decree Issued In Kearns, UtahA divorce case can drag on for months (and even years in some cases!), so finally getting to the end of the process is a long-awaited step. After you have had your trial, or after you and your spouse have agreed on and submitted a settlement to the court, the court makes a final decision. If you have a trial, the judge weighs all of the evidence and testimony and makes decisions related to granting the divorce: custody, alimony, child support, and property division. All of these decisions are written out in the divorce decree. The decree is a binding legal court order that says what you and your spouse must do moving forward. If you settle your case, your settlement is submitted to the court in writing or it is spoken into the record at the courtroom. The judge then reviews what you have agreed on and decides if it is fair and in accordance with the law. If so, the court issues a decree that includes all the terms of your settlement. This becomes a binding court order. When Is a Divorce Final?Your divorce is final on the day the court signs the decree. You normally will receive it a few days later, since it is sent to your attorney, who will then send you a copy. You are legally divorced as of the date the decree is signed. This means you become a single person on that date because your marriage is legally over. What Is a Divorce Certificate?A divorce decree is the complete court order ending your marriage, with all the details about how property is divided, how you will share time with your children, and what, if any, child support is granted. It also states why the marriage is being dissolved. If there are any problems in the future with your ex not following the court order, you will refer to the decree, since it states what each is required to do. If there is noncompliance, you can go back to court to enforce the terms of the decree. Complications and Income DisparitiesIn some cases, a husband may unnecessarily complicate a divorce action, thereby requiring the wife to incur additional attorney fees. For example, the husband purposefully undervalues assets or hides income to impact property division and spousal support. A judge may award the wife attorney fees because she incurred additional costs that would not have been necessary had the husband not engaged in bad faith and wrongdoing. Income disparities are another factor a judge may take into account when considering a wife’s motion for payment of attorney’s fees and costs. For example, if a wife has little to no income or assets or if she stayed at home to raise a family while her husband worked, she likely does not have the money to hire an attorney. A judge may order her husband to pay her attorney fees so that she is guaranteed sound legal representation during the divorce process. Access to PropertyIn every divorce, your marital assets—the property that you and your spouse acquired during the marriage are distributed as equally as possible. Because of this, the judge can order that the husband pay the wife’s attorney fees as an advance on the amount of property she will receive in an equitable distribution of assets. When considering a motion to request payment of attorneys’ fees, a judge may consider the totality of a wife’s income vs. assets and expenses, the complexity of the case, and the attorney’s fees already incurred. In most cases, if a wife has access to property or income, a judge is not likely to order the husband to pay for her attorney fees. If a wife has the ability to pay an attorney for advice, a judge typically leaves that financial obligation to her and does not place it on the husband unless there are other factors to influence that decision, such as a gross disparity in assets or whether the husband has been hiding assets or otherwise unnecessarily prolonging the process. Also, the court does not award the payment of attorney fees and costs in a divorce action entirely on gender. If a wife earns more income than her husband, has access to greater assets, or unnecessarily complicates the divorce action, a judge could order that the wife pay the husband’s costs for the divorce. A divorce proceeding can be expensive, especially if the parties do not agree on issues such as child support, alimony, custody, and property division. Each divorce action is unique, and divorce laws vary by state. A judge considers a motion for attorney fees and costs based on the facts in the case and the state’s specific divorce laws. Benefits of Filing For Divorce First?Many divorce attorneys argue that there really is no advantage to filing for dissolution (divorce) first, however, we believe that it depends on your individual circumstances. In general, there are certain financial and legal benefits to being the first to file for divorce. Filing For Divorce In Kearns, UtahKearns, Utah is a “no-fault” divorce state. This means that the only reason you need to file for divorce is “irreconcilable differences.” You must live in Kearns, Utah to file for a divorce there, and the divorce must be filed in the county in which you or your spouse lives. The Rules for Alimony In Kearns, UtahThe rules for alimony or spousal support vary slightly depending upon the state in which the couple lives. However, as a general matter, alimony can be ordered to be paid by either spouse. This means a wife could pay alimony to her ex-husband or vice versa. Whether or not alimony will be ordered from one spouse to another depends on the ability of each spouse to provide himself with a standard of living similar to that enjoyed during the course of the marriage. In other words, if one spouse either doesn’t work or makes significantly less money than the other, the wealthier spouse may have to provide maintenance/support money to the less-wealthy spouse. An alimony order may be either temporary or permanent, which means that the alimony could have to be paid indefinitely after a divorce or on a limited basis. Remarriage and Alimony in Kearns, UtahWhen a couple gets divorced in Kearns, Utah the court will sometimes order one spouse to pay the other “alimony,” or payments of financial support. When the spouse who receives alimony payments (the “supported spouse”) gets remarried, however, he or she may no longer need financial support. Also, the spouse paying alimony (the “paying spouse”) will likely want to end alimony payments once the ex has a new spouse in the picture. In Kearns, alimony, also called “spousal support” usually takes the form of monthly payments from one ex-spouse to the other; either for a specific period of time or until certain events occur. Alimony may also be paid in a lump sum, by a transfer of property, or by direct payment of other expenses (such as a mortgage). Courts will award alimony to provide monetary assistance to a low-earning or unemployed spouse, based on each spouse’s financial circumstances. Many types of alimony or short term and have a clear end date. Some couples spell out a date upon which alimony will end in their marital settlement agreement and/or court order. If there is no mention of a termination of alimony in a settlement agreement or final court order, then alimony may continue until the death of either party. Impact of Remarriage on Alimony in Kearns, UtahIn Kearns, the obligation to pay alimony automatically ends when the supported spouse gets remarried. Even if the paying spouse voluntarily continues to pay alimony after the other spouse gets remarried, there is no legal obligation to continue paying alimony. If the supported spouse’s remarriage is annulled (because the remarriage was void due to the new spouse’s bigamy, coercion, insanity, and so on), the court can decide whether alimony should begin again, based on what is fair to both spouses. If your agreement states specifically that alimony will continue to be paid regardless of whether the supported spouse gets remarried, you will not be able to modify or end alimony. Also, if your agreement provides for alimony in a lump sum or transfer of property, the supported spouse’s remarriage will have no effect on the alimony agreement. Termination or Modification of Alimony in Kearns, UtahWhen a supported spouse gets remarried, alimony ends. However, if a supported spouse is simply living with someone else, or has an increase in income, the paying spouse needs a court order to lower or end alimony payments. If you are paying alimony and your ex-spouse is living with someone else or has increased income, you should ask your ex-spouse to agree to lower or end alimony by agreement. You can sign an agreement and file it with your divorce court to modify or terminate alimony. If you would like to modify or terminate alimony, but your ex-spouse won’t agree, you should file a motion to modify or terminate alimony with the court that granted your divorce. You’ll need to state how circumstances have changed and why that warrants a modification or termination of alimony. For example, your spouse’s increase in income, your spouse’s lowered needs, or your spouse’s living with another person in a romantic relationship may all qualify as a “change in circumstances” that the court can use to lower or end your alimony payments. Impact of Cohabitation on AlimonyUnder Utah law, there is a rebuttable presumption that alimony can be lowered, and possibly ended, when the supported spouse is cohabiting with a person of the opposite sex. The rebuttable presumption means that the court will presume alimony should be reduced or terminated unless the supported spouse can prove a continuing need for alimony payments after he or she begins living with someone of the opposite sex. If the supported spouse will not agree to lower or end alimony, the paying spouse can file a motion asking the court to order the change. The court won’t consider the income of the person with whom the supported spouse is living when deciding whether to lower or end alimony, only the supported spouse’s new financial circumstances. Cohabitation is more than a roommate relationship; it usually requires a personal romantic relationship. However, if the supported spouse is living in a roommate situation, the court may still decide that his or her need for support has decreased, and may still modify alimony. If you have additional questions, consult with a Kearns family law attorney. Kearns UT Divorce LawyerWhen you need to get divorced in Kearns, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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What Are The Drawbacks Of Private Financing? What Is The Best Way To Get Divorced? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/divorce-kearns/ If you’ve been arrested for DUI (Driving Under the Influence), DWI (Driving While Intoxicated), or any other drunk driving-related offense, you should seek the legal advice of a DUI lawyer. A good DUI lawyer can help minimize or avoid severe penalties and consequences often associated with DUI. Knowing when to contact or hire a DUI attorney can make the difference between going to jail, losing your license, and getting a non-guilty or reduced plea verdict. Why You Need a DUI LawyerA DUI arrest is a serious matter. If you’ve been arrested for driving under the influence, there’s a good chance you’ll face jail time, have your license suspended, and/or pay hefty fines not to mention the potential hardships you may encounter at work, with your future career prospects, and personal relationships. In addition, if someone died as a result of your drunk driving, you will potentially have to deal with severe psychological issues as well. While some legal matters may be handled alone, a DUI arrest warrants the legal advice of a qualified DUI attorney or someone who knows how to handle the intricacies of your DUI case. And not just any criminal defense attorney will do. Because DUI laws are highly centralized and specific, DUI cases are best handled by experienced DUI attorneys or someone with specialized knowledge in this area, including knowledge of traffic laws, motor vehicle laws, and ignition interlock devices. Moreover, a good DUI attorney may challenge certain aspects of your DUI charge based on his or her specialized knowledge of breathalyzers, blood test, and chemical testing procedures. Therefore, you need a good DUI lawyer who can help guide you through the often confusing word of DUI. What to Look for in a DUI LawyerQualified DUI lawyers handle a variety of cases involving DUI arrests, DWI, and other drunk driving-related offenses. When looking for a DUI lawyer, you should concentrate on the lawyer’s expertise, skill level, commitment, and location or area served. For example, an experienced DUI attorney may help: How to Find a DUI LawyerThere are numerous ways to find a DUI lawyer. Referrals from friends and family or online research may be a good start. However, not all websites are the same and unless you live in the same county as your friend or relative or have unlimited hours to spend online, you may wish to find a local DUI lawyer using one of several quality-assured lawyer directories. Questions to Ask a DUI LawyerBefore selecting a DUI lawyer, you should feel comfortable enough to speak with him or her concerning all aspects of your DUI or drunk-driving related charge. Below are some of the questions you should ask before hiring a DUI attorney. DUI Lawyer FeesThe cost of fighting a DUI charge will vary and depends on a number of factors. First, not all DUI attorneys are the same, and a good DUI lawyer will probably cost more than an average DUI lawyer. Second, DUI fees will likely vary according to geography, or where you live. Third, DUI charges are case specific and the fees will vary based on the amount of work needed to represent your case (for example, a first-offender vs. habitual offender). In all cases, it is wise to consult with a variety of DUI attorneys in your area to find one you feel comfortable with in representing you and get a sense of the cost involved in fighting your case. Hire a DUI Lawyer to Help with Your CaseDUI defense is highly technical and depends heavily on the facts of the individual situation. A qualified local DUI attorney can provide invaluable assistance by reviewing your case and advising you on your options moving forward. What to Say to the JudgeAt sentencing, the judge will ask if you have anything you’d like to say regarding your case. Staying silent is one strategy, but it will neither hurt nor help your argument. Speaking up can change the game, but only if you say the right things. Apologize To The JudgeAll judges want to hear you be remorseful for what you did. Making excuses is intolerable and may make things worse. Never express being sorry for getting caught but instead, let the judge know that you are willing to take responsibility for your actions. Give Some BackgroundA trustworthy DUI attorney will give the judge some background information on you before or during the court proceeding. However, when you’re asked to speak, gently and carefully expound on the facts. For example, if you have a drug or alcohol problem, admit it and tell the judge you’re working to get it under control. Expose the Positives of the SituationWhile it may seem very difficult to think of any positives regarding being arrested for a DUI, it’s possible with a little forethought and strategy. Touch base on what you learned from your experience and talk about how you’ll refrain from making the mistake again. Complete Sentencing Requirements Before Being SentencedIf you think the judge will require drug or alcohol treatment classes as a part of your DUI sentence, take it upon yourself to sign up and complete those classes on your own. Be sure to tell about your participation during court. Not only does this reflect very positively upon you, but it may also encourage the judge to lighten your legal load. Promise to Act More ResponsiblyBy promising the court that you will never commit the crime again, you appear remorseful. If the message is delivered with sincerity (and especially if it’s your first offense), the judge may reduce your sentence as a result. However, it’s important to keep your promise. Whatever you say to the judge is recorded and if you get arrested for the same thing again, your promises may be disregarded or viewed as an empty plea. Most importantly, always be genuine when speaking to a judge. Don’t fake your emotions and never appear to be above the law. It’s okay to be nervous or confused about the process. Can I Beat a DUI If I Was over the Limit?First, you must have the courage to stand up and fight for yourself and not just hang your head and plead guilty. Second, you must use the tools available to you to fight the charges. The tools include not only a toolbox of legal defenses but the skill and knowledge to use the facts of your case to illuminate where reasonable doubt exists or to even prove innocence. Yes, you can beat a DUI charge, regardless of your test results and the legal limit. Legal motions, objections, and arguments are a great way to beat a DUI. Your case should be analyzed from the very beginning for legal flaws, which have nothing to do with whether you were over the legal limit. There are strict rules controlling how a DUI case is to be handled in court, and, if the rules are broken, a judge can dismiss your case. From the time of arrest, the clock starts running. The officers must process you through the system and release you or bring you before a judge. If they do not do this correctly, you may be able to beat the case. Another legal clock starts running after you have been arraigned or advised of the charges against you, and you have pleaded not guilty. If you have been released on bail or your own recognizance the prosecutor has 45 days to take you to trial, or the case should be dismissed. Many times, the District Attorney cannot get their case together in time, and they are forced to ask the judge to dismiss the charges. At other times, the case can be dismissed when the evidence of your alleged wrongdoing is suppressed or thrown out. Defense attorneys can file motions to request that judges suppress evidence when it is improperly obtained. For example, if the cops make an illegal profile stop of someone without the proper reasonable suspicion, the judge can find that the cops’ behavior was inappropriate. In such a case, the judge should grant the defense attorney’s request to throw out the observations of field sobriety tests and the breath or blood test. When this type of motion is granted, the prosecutor does not have the evidence to prove guilt beyond a reasonable doubt. At that point, the case should be dismissed. Trial is another great time to beat your DUI, even if your test result shows you as being over the legal limit. Your defense attorney is “at home” in a courtroom setting; the cops are not. The cops want to be out in the field making arrests, not in the courtroom being looked at under the microscope of cross-examination. When you question the cop about how he/she actually performed their investigation compared to how they were supposed to have done so, the cops lose credibility. The cop’s loss of credibility has nothing to do with the defendant or their alcohol level. When the officer loses credibility, defendants beat a DUI charge. During trial, a good defense attorney will be able to prevent unreliable or irrelevant testimony from getting to the jury. Prosecutors often try to get the ugly evidence of a chemical test result in front of the jury. This chemical test evidence is very technical and usually requires that several witnesses testify to properly lay a foundation for the result. Prosecutors are often unable to prove that the chemical tests given are reliable or trustworthy. If the test is not deemed trustworthy, a judge will not let a jury hear the evidence. With no chemical test result in evidence, you can beat the DUI. Even if the breath or blood tests are shown to the jury, the evidence still needs to be explained. A chemical test that is given an hour or so after the actual driving took place does not tell anyone what the actual alcohol level was at the time of driving. The district attorney needs to prove that a person was driving, and that at the time they were driving, they were over the legal limit. The proper functioning of the breath or blood testing equipment is another area where a lot of DUI cases are won. The breath or blood testing machines that are used (such as the Breathalyzer) have strict regulations controlling how and when they are maintained, calibrated, and checked for accuracy. The technicians maintaining these machines may not be properly trained, or the city or county may not have the money to pay for proper maintenance or repairs. If the testing equipment does not work properly, the results may not be relied upon. If the proper maintenance protocols are not followed, you can beat your DUI irrespective of alcohol level. Many people wrongly think that because they were arrested, they are guilty. This is simply not true, and many people are pleasantly surprised to find out that even though they were told that their alcohol level was over the legal limit, in reality, it was not, and they are not guilty. What to Do if You Are Stopped while under the Influence Pull over: Pull over at a safe place. Officers begin making observations immediately when they suspect that someone has been drinking and is driving. Anything a person does goes into the report. Be safe, pull over in a safe spot, and turn off the engine. DUI LawyerWhen you need legal help for a DUI in 84602, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post DUI 84602 first appeared on Michael Anderson.
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Can A Lawyer Stop Wage Garnishment? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/dui-84602/ |
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