Utah Recent Legal Answers from Lawyers

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Utah Recent Legal Answers from Lawyers
Page 12 of lawyers' answers to legal questions about Utah.

Recent Legal Answers

Child psychologist - got subpoenaed for case over 2 years ago, happened at prior workplace...

Answered 8 years and 11 months ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You need to review your situation with a family lawyer who is experienced with litigation. There are various issues involved, and I understand your situation with the materials being held by your former employer. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.โ€จ David R. Hartwigโ€จ801-486-1715โ€จ... Read More
You need to review your situation with a family lawyer who is experienced with litigation. There are various issues involved, and I understand your... Read More

Does a police need evidence when charging someone with assault by prisoner?

Answered 8 years and 11 months ago by attorney Mr. Nathaniel D Shafer   |   2 Answers   |  Legal Topics: Criminal Law
Yes, they will need some form of evidence. It could be an eyewitness, a video recording, or some sort of injury, but, yes, they need evidence.
Yes, they will need some form of evidence. It could be an eyewitness, a video recording, or some sort of injury, but, yes, they need evidence.

Does a police need evidence when charging someone with assault by prisoner?

Answered 8 years and 11 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Law
Of course they need evidence. If they do not have evidence, at trial they will lose, and will have opened themselves up to a civil rights lawsuit. I believe that your real question is what constitutes evidence. Yes, testimony by other people is evidence.
Of course they need evidence. If they do not have evidence, at trial they will lose, and will have opened themselves up to a civil rights lawsuit. I... Read More

Custodial rights ?

Answered 9 years ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Okay, you don't ask any real question.
Okay, you don't ask any real question.

What can be done if my wife's car was impounded and I was arrested and the tow papers said it wasn't legalized in my state?

Answered 9 years ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Take in the proof of registration, and they will have to release the car, although you will probably have to pay the impoundment fees.
Take in the proof of registration, and they will have to release the car, although you will probably have to pay the impoundment fees.
You don't say whether there is a custody order in place or not. That would be a deciding factor, and if it does exist I'd have to review it and then talk with you about modifying it.
You don't say whether there is a custody order in place or not. That would be a deciding factor, and if it does exist I'd have to review it and then... Read More
I'm not 100% sure what you're asking, but if you want to avoid liability to some third party, such as a gardener, somebody who fell on the property, a mortgage lender, you can assign the liability to the property buyer, but that is only effective between you and the buyer, it won't affect the third party's rights against you.  In other words, the third party would still sue you and you would still have to pay, but you could recover your money from the buyer if (a) you contract for that right; and (b) the buyer has the money to pay.   If you're asking whether you can avoid liability to the buyer, the answer is that you can significantly limit your liability in your contract, but you can't completely avoid liability for anything.  For example, you can't avoid liability if you defraud the buyer into the transaction.... Read More
I'm not 100% sure what you're asking, but if you want to avoid liability to some third party, such as a gardener, somebody who fell on the property,... Read More

How hard is it to change child custody years after divorce?

Answered 9 years ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
That all depends on the facts and the other side. If you want new terms that are more specific and the other side agrees, then it would be fairly simple; if the other side disagrees, then there may be a fight. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.โ€จ David R. Hartwigโ€จ801-486-1715โ€จdrhlaw@ix.netcom.com... Read More
That all depends on the facts and the other side. If you want new terms that are more specific and the other side agrees, then it would be fairly... Read More

Fraud Marriage and annulments

Answered 9 years ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes, that could be a basis for an annulment. What you do to get moving forward is to get with an experienced family law attorney who has handled annulments.  I have done so. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.โ€จ David R. Hartwigโ€จ801-486-1715โ€จdrhlaw@ix.netcom.com... Read More
Yes, that could be a basis for an annulment. What you do to get moving forward is to get with an experienced family law attorney who has handled... Read More
From what you say, the best thing to do is file a paternity action to determine custody, parent-time, support obligations, and insurance coverage. Once you start that, and if the father gets insurance in place, you can end the State's involvement. If you want more details, go to http://www.hartwig-law.com/Family-Law/Paternity.shtml. David R. Hartwig 801-486-1715... Read More
From what you say, the best thing to do is file a paternity action to determine custody, parent-time, support obligations, and insurance coverage.... Read More

Can my boyfriend whom jive with wake up one and say get out

Answered 9 years ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family Law
In fact, he can. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.โ€จDavid R. Hartwigโ€จ801-486-1715โ€จdrhlaw@ix.netcom.com... Read More
In fact, he can. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour... Read More
I presume that you are talking about his Will. If that is the case, you can check with the court where he lived to see if he filed it there. You can also check to see if you can locate the attorney who prepared the Will. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.โ€จ David R. Hartwigโ€จ801-486-1715โ€จdrhlaw@ix.netcom.com... Read More
I presume that you are talking about his Will. If that is the case, you can check with the court where he lived to see if he filed it there. You can... Read More

what are my options when the builder of our new home won't fix the problems?

Answered 9 years ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer
Your options are controlled by the contract, deed, and other documents between the two of you concerning the purchase of the home. A detailed review of all of those documents is required to fully evaluate your situation, though you say "they" (presumably the builder) made repairs to the home. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.โ€จ David R. Hartwigโ€จ801-486-1715โ€จdrhlaw@ix.netcom.com... Read More
Your options are controlled by the contract, deed, and other documents between the two of you concerning the purchase of the home. A detailed review... Read More

Can father have supervised visitation if he molested my granddaughter and is in prison for 13 years?

Answered 9 years ago by Eric K Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If the court feels it appropriate, yes.
If the court feels it appropriate, yes.
These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.โ€จ David R. Hartwigโ€จ801-486-1715โ€จdrhlaw@ix.netcom.com... Read More
These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without... Read More

Temporary custody

Answered 9 years ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.โ€จ David R. Hartwigโ€จ801-486-1715โ€จdrhlaw@ix.netcom.com... Read More
These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without... Read More
These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.โ€จ David R. Hartwigโ€จ801-486-1715โ€จdrhlaw@ix.netcom.com... Read More
These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without... Read More
Already answered this
Already answered this

I am a pregnant minor, what can I do?

Answered 9 years ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family Law
A lot to any answer depends on your age, and your abilities.
A lot to any answer depends on your age, and your abilities.
I am sorry to hear of your problems. You can wait, and see what the HOA does, or you can be proactive and get moving forward. That is your choice. If you do want to move forward, hiring an attorney may be the best thing to do. The attorney can review the HOA agreement, look for coverage by the HOA insurer for your damages, and the like. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.โ€จ David R. Hartwigโ€จ801-486-1715โ€จdrhlaw@ix.netcom.com... Read More
I am sorry to hear of your problems. You can wait, and see what the HOA does, or you can be proactive and get moving forward. That is your choice. If... Read More

Where do I file for physical custody?

Answered 9 years ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You need to file a paternity action with the court to determine child support, child custody and visitation, healthcare, day care and the like. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.โ€จ David R. Hartwigโ€จ801-486-1715โ€จdrhlaw@ix.netcom.com... Read More
You need to file a paternity action with the court to determine child support, child custody and visitation, healthcare, day care and the like. These... Read More

How much does it cost to fight a DUI?

Answered 9 years ago by Brian K Wanerman (Unclaimed Profile)   |   49 Answers   |  Legal Topics: Criminal Law
It depends on how many "battles" you want your attorney to "fight" and the difficulties of each "battle." If, for instance, you want representation only at your arraignment, the cost should be fairly cheap. It will cost a lot more if you want him to challenge evidence, file motions or take the case to trial. Many attorneys also charge extra for fighting the automatic driver's license suspension by the DMV. It also depends on your history. It will probably cost less if this is your first offense than if you have previous DUI convictions. And it depends on the facts. The stronger the DA's evidence against you, the more it will cost to fight. In your case you said you had one drink but the officer said you were "drunk." If your blood did not test at an alcohol concentration of at least .08, then you cannot be charged with the "B count" in which impairment of your judgment is presumed. But, you can still be convicted of the "A count" if the prosecution can prove you were impaired by putting on additional evidence. (e.g. erratic driving, speeding, stumbling, slurred speech, "failing" field sobriety "tests",etc.) You should consult an attorney in your area who can give you advice tailored to your specific situation.... Read More
It depends on how many "battles" you want your attorney to "fight" and the difficulties of each "battle." If, for instance, you want representation... Read More

How much does it cost to fight a DUI?

Answered 9 years ago by Joshua Ussama Aldabbagh (Unclaimed Profile)   |   49 Answers   |  Legal Topics: Criminal Law
The price range will vary dramatically from attorney to attorney. I would recommend getting a price from several different lawyers before choosing one, and make sure the price you are quoted is certain, flat fee.
The price range will vary dramatically from attorney to attorney. I would recommend getting a price from several different lawyers before choosing... Read More
Generally speaking such a "deposit" is refundable. The only thing a landlord is supposed to charge is for a credit check and if you request, under Civil Code 1950.6, the landlord is supposed to give you a receipt for the out of pocket expenses and time spent and rate charged for the credit check. Generally speaking, it is not supposed to be over $30.00 per adult applicant. ... Read More
Generally speaking such a "deposit" is refundable. The only thing a landlord is supposed to charge is for a credit check and if you request, under... Read More
You stop it by getting with an experienced family law attorney to review the facts and represent your interests. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.โ€จ David R. Hartwigโ€จ801-486-1715โ€จdrhlaw@ix.netcom.com... Read More
You stop it by getting with an experienced family law attorney to review the facts and represent your interests. These are factual issues that we... Read More