Utah Recent Legal Answers from Lawyers

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Utah Recent Legal Answers from Lawyers
Get legal advice from Utah lawyers. Read answers to recent Utah questions.

Recent Legal Answers

If your employer is willing to sponsor your green card, you can become an LPR. Keep in mind that applying for GC through employment based route does take a long time to process, so it is recommend to start the process as soon as possible.  This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship. For initial consultation, call at 480-467-3188 or email at admin@cronuslaw.com.... Read More
If your employer is willing to sponsor your green card, you can become an LPR. Keep in mind that applying for GC through employment based route does... Read More

Can I move my fiancรฉe out of Venezuela before petitioning to sponsor her?

Answered a year and 7 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Immigration
Venezuelans are processing their visas at the US Consulate in Columbia. Does she have a Venezuelan passport? I charge a very reasonable flat fee for fiancé cases. Moving to another country for the reason you stated makes sense and the US State Department would see it that way most likely. But if they don't they would just make her process at the US Consulate in Columbia. They ... Read More
Venezuelans are processing their visas at the US Consulate in Columbia. Does she have a Venezuelan passport? I charge a very reasonable flat fee for... Read More

Injury due to auto accident in a company vehicle

Answered 3 years and 3 months ago by William Melton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Automobile Accidents
Hi James, First, when did your accident occur? You need to file a workmans comp claim. These are a special category of auto accidents. You have two different claims here. Your employers workmans comp is responsible for paying and then the other driver's car is also responsible. The time to file a workmans comp claim is much shorter than a traditianal personal injury claim. You absolutely should file a claim. If you don't you will end up waiving any claim against your employer and possibly the other driver. Let's see you start hurting or have issues a year or so down the road, there won't be anything you can do about it. Contact an attorney to assist you asap. ... Read More
Hi James, First, when did your accident occur? You need to file a workmans comp claim. These are a special category of auto accidents. You have two... Read More

Chinese scholar seeking an EB1A green card.

Answered 3 years and 5 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Education Law
Your friend should engage the services of an immigration lawyer for advice and representation. Counsel in any state can handle your friend's employment based immicase. 
Your friend should engage the services of an immigration lawyer for advice and representation. Counsel in any state can handle your friend's... Read More

How can I get a copy of traffic cam video footage to prove I was innocent of a citation?

Answered 3 years and 6 months ago by William Melton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Traffic Violations
If you're referring to the cameras on the street lights, they do not record. They are live feed only. If you have been cited for reckless driving you need to consult an attorney. Reckless driving is a class B misdemeanor. Not only will it go on your criminal record, but it will substantially raise your car insurance. I've even some some insurance companies drop drivers for it. Contact an attorney asap.... Read More
If you're referring to the cameras on the street lights, they do not record. They are live feed only. If you have been cited for reckless driving you... Read More

Should my wife talk to prosecutors

Answered 3 years and 6 months ago by William Melton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
You need to be very careful how you handle this. If there is still a restraining order on you (likely a Jail Release Agreement) you cannot talk to her. You can and will be charged with additional charges if you do. You also cannot have someone else speak to her. You need to contact an attorney to discuss your case. These cases can become very serious very quickly. ... Read More
You need to be very careful how you handle this. If there is still a restraining order on you (likely a Jail Release Agreement) you cannot talk to... Read More

Sexting

Answered 3 years and 7 months ago by William Melton (Unclaimed Profile)   |   1 Answer
First thing is you need to stop sexting. Even if you delete them off your phone they can still be recovered. At 17 neither of you can consent to sex and both of your are creating child pornography. You can be in serious trouble for that. If nobody has found out reported then you likley won't get in trouble, but stop doing it immediately. ... Read More
First thing is you need to stop sexting. Even if you delete them off your phone they can still be recovered. At 17 neither of you can consent to sex... Read More
As a Ukraine humanitarian parolee, the parolee status allows you to remain in the US, but unfortunately does not allow you to work. You will have to wait until you receive the EAD. I note that USCIS will expedite an employment authorization request for among other reasons severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure: (1) to timely file the benefit request; or (2) to timely respond to any requests for additional evidence; and for emergencies and urgent humanitarian reasons. You can generally request expedited processing by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) or by asking Emma after you have obtained a receipt notice.  (You can access Emma by typing "Ask Emma" on the internet). The USCIS Contact Center will not be able to refer the expedite request to the appropriate office without a receipt number. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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
As a Ukraine humanitarian parolee, the parolee status allows you to remain in the US, but unfortunately does not allow you to work. You will have to... Read More

Firearm rights clarification.

Answered 3 years and 9 months ago by William Melton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
The problem is there isn't a clear answer on this issue. By Utah law you should be fine, but whether you're a restricted person federally is a little less clear. The problem is the way the law is written even a plea held in abeyance can still be used as an enhancement against you and there is an argument that means it wasn't really dismissed. It is a conviction still. I think you would have a good defense to any charges because you wouldn't "knowingly" be violating the law. The best advice is to contact Utah's BCI and ask them to do a background check to see if you're eligible. They should tell you yes and keep any documentation they give you. ... Read More
The problem is there isn't a clear answer on this issue. By Utah law you should be fine, but whether you're a restricted person federally is a little... Read More

can a police officer just come into my work get my info for another police officer to contact me the next day?

Answered 3 years and 9 months ago by William Melton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
Yes, they can. Do not speak to police without first consulting with an attorney. If you have police asking you questions, politely decline to answer any questions until you have consulted with an attorney. 
Yes, they can. Do not speak to police without first consulting with an attorney. If you have police asking you questions, politely decline to answer... Read More
A US citizen can sponsor their unmarried children under 21 as imediate relatives for their green cards. If over 21 years, it can still be done but the processing time is longer. You should retain counsel for representation to handle your case. 
A US citizen can sponsor their unmarried children under 21 as imediate relatives for their green cards. If over 21 years, it can still be done but... Read More

Can I get out of this somehow?

Answered 4 years and a month ago by William Melton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
You can be charged because until it ends up in the landfill it is still the state's property. However, it will likely be a mitigating factor. You should hire and attorney or if you cannot afford one, ask the court to appoint you an attorney right away. Theft charges, even minor ones, can have very serious repercussions on things like employment and housing. ... Read More
You can be charged because until it ends up in the landfill it is still the state's property. However, it will likely be a mitigating factor. You... Read More

I have 3 class B misdemeanors against me. What should I do?

Answered 4 years and 2 months ago by William Melton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
It is up to the judge if you go to jail. It is unlikely that you'll get sent to jail, but you need to contact an attorney to review the details of your case. They will be able to assist you and get you the best possible outcome. If you cannot afford an attorney the cour will appoint one for you. ... Read More
It is up to the judge if you go to jail. It is unlikely that you'll get sent to jail, but you need to contact an attorney to review the details of... Read More

Can a Russia woman and her son get a visa for three years to come to the USA

Answered 4 years and 2 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Immigration
A Russian woman and her son can apply at the US consulate in Russia for tourist visas, and once issued, can travel to the United States to visit and to tour the country. These are usually given for a period of three months. In order to obtain the visas, the Russian woman would have to provide evidence of financial proof that she has enough money to cover both her and her child living expenses and travel expenses while in the United States for the duration of her visit. In order to qualify to get the visas, she would have to provide evidence that would convince the US consulate that she is motivated to return to Russia. This would usually be evidence of a job or evidence of property ownership.      ... Read More
A Russian woman and her son can apply at the US consulate in Russia for tourist visas, and once issued, can travel to the United States to visit and... Read More

Does my Mother need an attorney?

Answered 4 years and 2 months ago by attorney Jacob Spencer Gunter   |   1 Answer   |  Legal Topics: Criminal Law
The big picture is her estate and assets past her insurance policies may be at stake.  Thus any admission during this dld hearing could be used against her.   If she wants to defend this matter and keep her license.  She should hire an attorney.   I did one of these hearings in 2021.  Provocriminaldefense.com Jake gunter... Read More
The big picture is her estate and assets past her insurance policies may be at stake.  Thus any admission during this dld hearing could be used... Read More
You clearly cannot license patented technology because you didn't obtain a patent.  if there is any licensable intellectual property here, it is your know-how, expertise in making and using the invention that is not contained in your abandoned patent application.  Also any improvements, enhancements or refinements you made to the invention (whether or not resuced to practice in a later prototype). I recommend you engage an intellectual property law attorney to assist you in licensing discussions with the other party.  The interested party clearly thinks there is something that is exclusive to you in this technology and it may take an intellectual property professional to discern what exactly that is and how to monetize it for you.... Read More
You clearly cannot license patented technology because you didn't obtain a patent.  if there is any licensable intellectual property here, it is... Read More

Possible scam victim

Answered 4 years and 8 months ago by attorney Stephen Arnold Black   |   1 Answer
Very common scam. There is no teen. There is no Dad..its a scam to extort money out of fear the police will be notified. Dont text them and block their number. 
Very common scam. There is no teen. There is no Dad..its a scam to extort money out of fear the police will be notified. Dont text them and block... Read More

tah Code 41-6a-528 defines Reckless Driving

Answered 4 years and 8 months ago by attorney Jacob Spencer Gunter   |   1 Answer   |  Legal Topics: DUI/DWI
You will have some defenses to look at in our Reckless Driving charges.  What that civilian, non police officer, witness actually saw and reported will be a serious concern.  It does happen that the police officer doesn't witness the alleged conduct and later cites you.  But it opens up the case for more defenses than normal. Reckless Driving is a Class B Misdemeanor.  Carries 80 points on your Utah driver's license.  Jail up to 6 months and a bail schedule $690 fine.    See this article for more information:  https://provocriminaldefense.com/utah-traffic-ticket-defense/ https://www.provolawyers.com/2334-2/ Jake Gunter Provocriminaldefense.com... Read More
You will have some defenses to look at in our Reckless Driving charges.  What that civilian, non police officer, witness actually saw and... Read More

If someone gets in my face w aggressive demeanor can I defend myself without catching a case

Answered 4 years and 10 months ago by William Melton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
Yes you can. If you feel threatened you (words alone are usually not enough, they have to be threatening to do something or acting like they may come after you) can respond with reasonable force. Meaning if they push you then you can push back or throw a punch. What you can't do is respond with unreasonable force. (i.e. you can hit them with a bat if the push you). If you're in a place that you have every right to be (essentially any public place) you do not have a duty to retreat. Just remember that you do not have a self-defense argument if you're the aggressor. ... Read More
Yes you can. If you feel threatened you (words alone are usually not enough, they have to be threatening to do something or acting like they may come... Read More

Can I beat a charge when a traffic offense was not the right charge

Answered 4 years and 10 months ago by William Melton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Traffic Violations
The short answer is no. The prosecutor is the one who actually files charges. The case is initiated by the police officer's citation, but if there is anything incorrect on it the prosecutor will just file an Information (the official charging document) and cure the defect. 
The short answer is no. The prosecutor is the one who actually files charges. The case is initiated by the police officer's citation, but if there is... Read More
A US Citizen may petition a parent who has overstayed on a visitor visa for more than 25 years and the petitioned parent may file a green card application with the petition. 
A US Citizen may petition a parent who has overstayed on a visitor visa for more than 25 years and the petitioned parent may file a green card... Read More

Can I Sue if a Realtor is Relabeling a Pet Deposit as. Pet Fee

Answered 4 years and 11 months ago by attorney Bruce Robins   |   1 Answer
You are claiming that the landlord breached your contract, which was, according to you.,to allow your pet to stay in the building as long as you left a deposit, which would be returned if your pet caused no damage.  Assuming that the court believes your story (the notation on the payment will be helpful, but I don't know what evidence the landlord has on his/her side), and not the landlord's, you would be entitled to the return of your deposit, plus interest at whatever the Utah statutory rate is for the extra time the landlord kept it.  Unless Utah law is very different from the law in the states in which I practice, you have no right to punitive damages, and anyway a small claims court would probably not have the power to award any.  You also probably do not have the right to the interest you incurred on your loan, unless you informed the landlord at the time you contracted that you would suffer this damage if he/she breached, since this would be consequential damages which are not recoverable unless they were within the contemplation of the parties at the time of contracting.... Read More
You are claiming that the landlord breached your contract, which was, according to you.,to allow your pet to stay in the building as long as you left... Read More

My girlfriend has overstayed her student visa can I still marry her?

Answered 4 years and 11 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Immigration
A United States citizen can sponsor a foreign national who entered the United States with a valid visa, after marriage and can adjust status to a green card for that foreign spouse, despite the fact that she has overstayed her visa. Keep in mind if you go through the process, she should not leave the United States under any condition until she has obtained her green card.... Read More
A United States citizen can sponsor a foreign national who entered the United States with a valid visa, after marriage and can adjust status to a... Read More
if a search warrant was issued on your home, then there is probable cause to believe that he is involved in a conspiracy to have been involved, despite thatr he actually wasnt the one who pulled the heist..Every person involved in the conspiracy can be prosecuted for the underlying crime. Obviously this is just an opinion without knowing more facts.. Your son should retain an attorney immediately and if arrested he should invoke his right to remain silent. ... Read More
if a search warrant was issued on your home, then there is probable cause to believe that he is involved in a conspiracy to have been involved,... Read More

Can we get marry under the student Visa?

Answered 5 years ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Immigration
If you apply for a student visa telling the USCIS  that you intend to study but conceal your real intent which is to gain entry into the US to get married, then that is immigration fraud and is prohibited.
If you apply for a student visa telling the USCIS  that you intend to study but conceal your real intent which is to gain entry into the US to... Read More