Utah Q&A by Practice Area

Show More Practice Areas »

Lawyers, Answer Questions  & Get Points Log In
Utah Questions & Answers
1 Answer | Asked in Criminal Law for Utah on
Q: I plead no contest to attempted sexual abuse of a child. Can I get my record expunged?

This was after having the first trial be dismissed due to prosecutorial misconduct. I did have to be on the registry for 10 years, that is over. Attempted sexual abuse of a child isn't on the list of charges unable to be expunged. Also is there a law about giving the same prosecutor the case... Read more »

Mike Branum
Mike Branum answered on Oct 7, 2021

I cannot foresee a circumstance where you can get a conviction for sexual abuse of a child expunged. If you need further confirmation, I would schedule a consultation with a criminal attorney who specializes in sex crimes (there are a number in SLC). Attempt just gives the Court the discretion to... Read more »

1 Answer | Asked in Child Custody and Family Law for Utah on
Q: If my dad refused to sign the renewal of my guardianship in Wyoming does that mean he revoked his legal rights to me?

Before I turned 18 my parents gained full legal guardianship of me as have Autism. They recently divorced around the same time a renewal of the guardianship was due. My father refused to sign it and I just want to know if that revoked all of his legal rights of being my father? My father was very... Read more »

Mike Branum
Mike Branum answered on Sep 30, 2021

First of all, I hope you are now surrounded by people who love and care for you the way your father SHOULD have loved and cared for you.

As to your question, it depends on whether you remain under your mother's guardianship or not. If you ARE, you should encourage your mother to file...
Read more »

1 Answer | Asked in Family Law for Utah on
Q: My ex is staying that I own her child care and medical expenses from 2017 to 2019. They never said anything until now

She has never given me a bill or documentation to say other wise. She just sent me a message and the amount and dates and said I need to give her the money. Can I refuse to pay

Mike Branum
Mike Branum answered on Sep 28, 2021

It depends on what is in the court Order. Most of the time parties have 30 days after an expense is incurred to provide notice to the party who is supposed to reimburse them. The reimbursing party then has 30 days to pay. If you have received notice of the bills, it is unlikely she can force you to... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Can a mobile home park agent force me to pay another $50? If the late fee including rent was 450 but he ran my card 400?

My card then declined that attempt due to a fraud prevention. Me not knowing the total i owed was $450 saw the charge he just attempted to do for $400. I then went and got a cashiers check, which is another accepted way to pay rent, for $400. I turned it in 2 hours after later. After he received my... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Sep 28, 2021

Charging your credit card in this case sounds like a collection of amounts due, not a communication of amounts due. I don't have any doubt that in court your mobile park agent could get a judgment that you haven't paid the amount agreed upon in your agreement. If the email communication... Read more »

1 Answer | Asked in Bankruptcy and Animal / Dog Law for Utah on
Q: I got a puppy and can't make the payments , I included seller in bankruptcy can he take her back?

I was supposed to pay 2 payments and haven't been able to. I am filling bankruptcy and included the seller. Can he come and get her like he is threatening to do?

Timothy Denison
Timothy Denison answered on Sep 25, 2021

No. Not if you’ve actually filed bankruptcy. Until you file, yes.

2 Answers | Asked in Divorce, Family Law, Immigration Law and Adoption for Utah on
Q: Is there a US citizen requirement for adopting a stepchild?

I am a non-US citizen. My partner is an American biological father. His daughter is 6. Can I adopt his daughter after marrying him?

Jason F. Barnes
Jason F. Barnes answered on Sep 21, 2021

Great question. We have some answers. Give us a call 801-546-3874 and ask to speak with Attorney Jason Barnes.

View More Answers

1 Answer | Asked in Employment Law, Personal Injury and Communications Law for Utah on
Q: (Utah) I was terminated due to attendance at my job, and my boss contacted my cohabitates to inform them.

For background, I cohabitate(d) with my girlfriend and her parents. With my termination, this supervisor notified my girlfriend’s parents before I had the opportunity to repose & break the news myself (this is in the span of less than 24 hours.) This has resulted in my displacement from their... Read more »

Michael Lewis Eisner
Michael Lewis Eisner answered on Sep 21, 2021

You should consult with an attorney in Utah. Each state has different laws regarding communications with others. If someone says or writes something false, the publisher can be held liable for damages caused by the defamation of character (libel or slander). Many states also allow a cause of... Read more »

1 Answer | Asked in Civil Litigation, Collections, Landlord - Tenant and Small Claims for Utah on
Q: What kind of lawyer do I need to look for? Where do I start with everything in general? How can this all happen?

evictions case from 2013, started receiving notices for the first time towards end of July 2021, all 3 summons were signed by 1 of 3 defendants but another defendant was not informed (to the best of my knowledge) garnished wages for a total amount between now 2 defendants unknown how much each will... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 21, 2021

A Utah attorney could advise best, but your post remains open for two weeks. You present a number of issues to sort out, and it's possible you might benefit from an attorney who has insight into a number of the different areas (such as L-T) you describe. In terms of your immediate needs, a... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: after a landlord serves a written note of leaving how long do they have to file in court
Kenneth Prigmore
Kenneth Prigmore answered on Sep 15, 2021

The answer to your question depends on why they are giving you notice to leave. For example, a notice to "Pay or Quit" due to failure to pay your rent may be only 3 days long. After that, they can file the lawsuit to start the eviction process.

If you are on a month to month...
Read more »

1 Answer | Asked in DUI / DWI for Utah on
Q: What would happen in a non-compliance case for impaired driving?

I was ordered to do drug and alcohol assessment, but since then my life has been turned upside down and I ended up moving out of state. I never went to the assessment and they are trying to get in touch with me. I don’t know quite what to do

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Sep 3, 2021

Hire an attorney to help you and get the assessment asap

2 Answers | Asked in Landlord - Tenant for Utah on
Q: My landlord won't return deposit after agreeing to do so. However because I wouldn't allow him to bully me.
Mike Branum
Mike Branum answered on Sep 2, 2021

You should repost this question in landlord/tenant. This is neither a criminal law question nor a personal injury question.

Your recourse is likely going to be filing in small claims court against your landlord. You do not need an attorney to file in small claims. You DO need to have...
Read more »

View More Answers

1 Answer | Asked in Criminal Law for Utah on
Q: Where in the black law book does it tell .e about what I can do to get my sentenced stayed

I was sentenced to prison never turned myself in due to be not having anyone to provide for my children

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Sep 2, 2021

If you file an appeal you can request the sentence be stayed until the appeal is done. Ask your attorney.

1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Utah on
Q: Does the revised nonprofit corporation act take precedence over an HOA's bylaws and CCRs? Thank you!!
Lincoln W. Hobbs
Lincoln W. Hobbs answered on Aug 24, 2021

It depends upon the provision in question. Many portions of the nonprofit act provide, “unless the governing documents provided otherwise…”

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Utah on
Q: We are trying to end our lease a couple weeks early.

We provided written request to end the lease early and it was approved. We received a confirmation text from the property management company of new end date and a move out email with the new date.

One week following the confirmation from the PM co., we received an email from the landlord... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Aug 23, 2021

As I have not reviewed your lease or the text and email from the landlord's management company, I can't tell you how likely you are to win if you were to fight this out in court. The theory you suggest is valid and may be true. Your relationship with the landlord is based on your lease... Read more »

2 Answers | Asked in Arbitration / Mediation Law, Probate and Estate Planning for Utah on
Q: How do I get a tax id number on my family trust I'm trying to collect on a annuity and don't have the actual trust
Kenneth Prigmore
Kenneth Prigmore answered on Aug 23, 2021

Your best answer depends on a few things that an attorney would need to discuss with you. If you don't have a copy of the Trust, you need help proving your authority as the Trustee. If you are the creator of the Trust, you can always sign an updated version of the Trust. If you are an heir and... Read more »

View More Answers

1 Answer | Asked in Personal Injury, Medical Malpractice, Nursing Home Abuse and Wrongful Death for Utah on
Q: My friend had a tragic thing happen at a an assisted living center. Need advice.

My friends mother was staying at an assisted living center until this past February when she tragically passed away due to lack of oxygen from choking on some food she was eating for lunch. They did not check on her for 40-45 mins after lunch when they located her on the ground in her room. This... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 22, 2021

A Utah attorney could advise best, but your post remains open for three weeks. I'm very sorry for you and your friend's loss. You ask for someone to please advise. Your friend's best option would be to consider reaching out to attorneys to discuss in greater detail. Law firms that... Read more »

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Utah on
Q: My ex wife accessed my Facebook account tonight without permission. Will cops do anything?

Will this affect our custody agreement at all? Is she likely to be changed with anything?

Mike Branum
Mike Branum answered on Aug 17, 2021

Law enforcement is highly unlikely to be interested in taking your case to the prosecutor and, even if they did, the prosecutor is even less likely to be willing to press charges.

There is even less likelihood that the Court responsible for your family law matter would consider this grounds...
Read more »

2 Answers | Asked in Criminal Law, Real Estate Law and Agricultural Law for Utah on
Q: So my grandmother before she passed took me down to the bank and

Quick claimed 3.25 million dollars worth of property into my name and once she passed the her daughters my mom and aunt foraged another quick claim deed into there names and sold the properties and I need help to bring them to justice and get whatever I can out of it.

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Aug 13, 2021

This issue is a Probate/Real Estate issue. And it is called a Quit Claim Deed.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.