Utah Recent Legal Answers from Lawyers

Yes, a subpoena is an order from the court directing you to appear. If you don't they can issue a warrant for your arrest. However, if he is your husband you can assert spousal priviledge and you do not have to testify against him. You should contact the prosecutor's office that is pursing the case and inform them that you intend to invoke your spousal priviledge. ... Read More

Your son is not a felon.  His prior felony was reduced to a Misdemeanor.  He should always report that he is not a felon.     Your son should inquire about an expungement if 5 years have passed.    When potential employers run a background check, will it show the felony plea or will it show the misdemeanor?   when non lawyers read a background report or court docket they will think it is a felony but upon more discerned reading it will state that it has been reduced to a Misdemeanor.  Always a problem with lay people reading background reports and jumping to conclusions.  You have to explain this sometimes.  Or get it expunged so most people will not see it.... Read More

You have asked this question on multiple forums. You need to contact an attorney and get help if you would like to fight your ticket. It sounds like you likely do not have a defense because you volunteered the paraphernalia. An officer can always ask you and if you choose to "cooperate" that is essentially you waiving your rights. I would be happy to set up a time to do an actual consultation, but as another attorney told you already going around asking the same question over and over isn't going to net you different answers. ... Read More

No one has authority over any of your father's property until a court admits his Will to probate (proving) and appoints an executor or, if there is none, makes a determination of heirship and appoints an administrator to settle his estate. Hire a probate lawyer who practices in the county in which your father lived and died.... Read More

There are two or three questions here.   First, is he entitled to live in the home rent free for 90 days or any other period of time?  No.   Second, how long after the court appoints an executor or successor does that person have to sell the home before the mortgage lender can foreclose?  Federal law allows six months.   Third, can the sibling set a 90 day deadline for a prospective buyer to obtain financing?  No.  The sibling does not even have the right to demand an accounting until many months (usually over a year) have passed or to ask the court to replace the executor until an even longer period (say, two years) has passed without the sibling having received a distribution (one quarter of the net sale proceeds of the home).  This is usually the same period which must pass before the sibling can bring a suit for partition, forcing a buy out or sale.... Read More

It is harder to get a first time offender program when you  have a prior theft.  Sometimes if the prior theft was a juvenile offense, I tell them that it should not be counted because it was a juvenile offense and really, the current offense, is their first adult criminal justice interaction. ... Read More

If your mother-in-law is still alive, she may be able to grant you a deed transferring the property on her death subject to the reverse mortgage.  If not, there may be a way for you to be reimbursed for the many payments you have made.  Contact an elder lawyer.  You can find one near you on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

Never plead guilty until you have a chance to review the evidence against you with a lawyer.  In the meantime, he should not speak to anyone about what did or did not happen.  Criminal Mischief is a property crime: destroying the property of another person.  Criminal Mischief is considered to be a crime with a victim, i.e. the proetry owner.  In Utah, Criminal Mischief can be charged as a crime of Domestic Violence, where the victim of the crime is a Cohabitant of the person.  A Cohabitant is someone with whom you have lived, married, had children, or been in a consensual sexual relationship. He needs an attorney.  At his first hearing, the judge can appoint him a public defender if he cannot afford an attorney.  It would be wise for him to consult with some attonreys before then.... Read More

It is largely up to you whether to maintain going to school or not at this point. The advantage of keeping a lawful nonimmigrant status is that there is more chance of avoiding a notice to appear (NTA) in the immigration court if the application fails. On the other hand, the principal inquiry of USCIS in the case like yours is whether the marriage is bona fide. As you are married to a US citizen, the continuing maintenance of legal status is generally not relevant to the adjudication.  Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

If she can prove that she was the actual beneficial owner of the side by side and that it was titled in his name for some reason of convenience, she may be able to recover it, but she will have a steep hill to climb.  Her paymetns could represent (a) a gift to him; (b) a loan to him (which he will cliam to hve repaid, if not in cash than in services); or (c) peyment for use of the vehicle or for something she owed him.  Did she purchase the entire thing, or just make the downpayment?  If the former, it is more likely that a judge/jury would believe that she was the actual owner.... Read More

It depends on what they charge her with.  If there are not allegations of bodily harm or use of a weapon, it might be charged as a class B misdemeanor.  Class B Misdemeanors carry a maximum snetence of 6 months in jail.  However, upon jail time is rare for a person with no criminal history being convicted of theoir first class B Misdemeanor.  If fighting the case is not possible, a good attonrey should be able to resolve the case in a favorable manner.  As a victim, you also have the right to be represented by counsel.  You don't have to speak with the prosecutor or the cops.  Anything you say to them will be used against your Fiance.  Hire an Attorney ASAP.... Read More

As a victim or alleged victim, you have the right to be represented by your own attorney.  It woudl be wise to hire an attorney who knows how to represent victims and work with a prosecutor to get a case like this dismissed.  If the prosecutor thinks they can prove the case, they often won't drop it even if the victim wants the caser to be dropped.... Read More

You have the right to ask the cour tto dismiss your petition.  The Judge might still keep the next hearing and have you ask to dismiss the petition at that hearing.  The Judge will just want to know if you no longer have a reasonable fear; their fear is generally that they dismiss an order and then someone gets hurt.  But they have to dismiss it if you ask.... Read More

Currently this preference category has a backlog of approximately 4-5 years for natives of any country other than Mexico and the Philippines. You can begin by filing the I-130 petition for alien relative with appropriate documentation which includes a copy of your permanent residence card, proof of your son’s birth, and proof that you were either married to his mother at the time of his birth or that he was legitimated by you before he turned the age of 18. After filing with USCIS, you will receive a receipt and then hear nothing from the agency for a long time until it reaches and adjudicates your petition. Assuming that it is approved, USCIS will transfer the approved petition to the National Visa Center, which acts as a halfway house between USCIS and the American consulates and embassies. The Center will then begin requesting other documents to prepare an interview for your son. When the priority date is current, the consulate or embassy should invite him for an interview, and if he passes, give him the appropriate documentation to enter the US as a permanent resident. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More