If properly used, a living trust can provide a means to take care of you while you are still alive but incapacitated and unable to handle your own financial affairs, and avoid probate and provide for the efficient transfer of your assets to your heirs in a private manner that is not a matter of [...]
No. It is very common to start your case with a not guilty plea. The Court understands that it may be the only way for you to speak with the prosecutor and does not hold it against you.
A jury trial is a trial in front of a jury that is picked by the lawyers and the defendant, or the parties if it is a civil case. A bench trial is a trial where there is no jury, the judge makes the decision.
Contact the Bureau of Criminal Identification at 3888 West 5400 South, Salt Lake City, Utah 84118, 801-965-4445, www.bci.utah.gov.
Expungement eligibility and time frames vary depending on the type of crime. Some convictions may not be expunged, and others can be. In order to have your record expunged, you need to file paperwork with the Bureau of Criminal Identification pay a fee, take your paperwork to the prosecutor’s office, and file the papers with [...]
A plea in abeyance is a plea bargain which allows the Court to hold your plea of guilty or no contest without entering it onto your record. If you abide by the conditions of the deal during the “abeyance period,” the charges will be dropped or reduced as agreed in the deal with the prosecutor [...]
In a criminal case, one of the most important things a lawyer can do for you is make sure that your rights are protected. A lawyer can help you navigate through the criminal justice system. In addition, in serious cases, a lawyer identifies Constitutional issues, evidentiary issues, knows the rules of the Court when there [...]
The type of punishment for the crime. Misdemeanors have a maximum of 1 year in jail and a maximum fine of $2,500 plus surcharge (85%). Felonies include prison (not jail) and higher fines of up to $10,000 plus surcharge (85%).
You can take a class offered by the Utah Safety Council to remove 50 points from your license. More information can be obtained on their website at www.utahsafetycouncil.org.
Follow the instructions on your citation. Usually you are instructed to contact the Court not sooner than 5 days but not longer than 14 days after you receive the citation, to set up an initial appearance with the Court. When you call, you may be allowed to simply pay a fine depending on the type [...]
No. This is yet another method of self-help that is not permitted under Utah law and can actually subject you to liability to the tenant. In order to evict a tenant, even one who is delinquent in making their rental payments, you need to go through the eviction process, obtain a court order, and let [...]
No. Terminating the utility service to a rental unit is a method of self-help that is not permitted under Utah law and can actually subject you to liability to the tenant. In order to evict a tenant, even one who is delinquent in making their rental payments, you need to go through the eviction process, [...]
No. Locking out a tenant is a method of self-help that is not permitted under Utah law and can actually subject you to liability to the tenant. In order to evict a tenant, even one who is delinquent in making their rental payments, you need to go through the eviction process, obtain a court order [...]
No. The Telecommunications Act of 1996 provides protections for video antennas, including home satellite dishes that are less than one meter (39.37”) in diameter, TV antennas and wireless cable antennas, and prohibits most restrictions that may otherwise be imposed by a homeowners association that: (1) unreasonably delay or prevent installation, maintenance or use; (2) unreasonably [...]
Maybe. If your dog or other pet is really just a pet, even though you think of it as family, then depending upon the content of the governing documents, including the recorded CC&R’s and any rules or regulations promulgated by your homeowners association, your homeowners association may be able to restrict your ability to have [...]
If either one of a minor child’s parents are still living, the surviving parent retains legal custody of the minor child. However, if both of a minor child’s parents are dead, then it is necessary for the court to appoint a guardian for your minor child. You can designate your preference as to who will [...]
If properly used, either a living trust or a testamentary trust can help you effectively use the estate tax exclusions available to you and your spouse to minimize, and in some instances completely avoid, estate taxes and can provide a means of distributing your assets to your heirs over an extended period of time and [...]
A living trust is one that is established, funded and maintained while you are still alive. A testamentary trust is one that is established upon your death as part of the probate process.
The Utah State Legislature has been kind enough to make a will for you as set forth in the Utah Probate Code. Basically, your assets will pass to your surviving spouse and if you do not have a surviving spouse your assets will pass to your surviving children in equal shares. There are special provisions [...]
An EIN is the Employer Identification Number assigned to a business entity by the IRS. The EIN is essentially a federal tax identification number, and is something your company should have even if it does not have employees.
Each business entity registered with the Utah Division of Corporations is required to designate a registered agent who resides in Utah. The registered agent is the person who will receive official notices on behalf of the business entity such as annual renewal information from the Utah Division of Corporations, and the service of legal process [...]
The lesser of (i) three or (ii) the number of actual shareholders. For example, if your corporation has only one shareholder, you are only required by law to have one director, although you may choose to have more directors.
There are a number of limitations on the number and types of shareholders that can own stock in an S corporation. Most large companies do not qualify to be treated as S corporations but many small companies do qualify.
The designation of a corporation as an S corporation or a C corporation is relevant primarily for tax purposes, with S corporations taxed pursuant to subchapter S of the IRS Code, and C corporations taxed pursuant to subchapter C of the IRS Code. C corporations have to pay federal and state income taxes on all [...]
It depends upon the particular facts and circumstances surrounding your business operations and there are tax and non-tax factors to take into consideration. It is always a good idea to involve your accountant or other tax professional in this decision.
If there are no children, Utah law imposes a 90‑day waiting period, which begins to run the day after the Petition to Divorce is filed with the Court. Summit County will usually waive the waiting period. Wasatch County will not. If your divorce is completed via an agreement, you live in Summit County, and you [...]
Usually, the parties agree which of them should pay each of their joint debts. If they cannot agree, the Court will decide who pays which debt. However, the Decree (court ordered or agreed upon by the parties) is binding only between the parties. Creditors are not required to honor the apportionment of joint debts in [...]
In Utah, the law recognizes that spouses who works in the home and outside the home both contribute to the property acquired during the marriage, regardless of the income source. Utah requires an “equitable” (though not necessarily equal) division of such property, depending upon how long the marriage lasted, the age and health of the [...]
Either party may request and be granted alimony. Regardless of gender, alimony may be ordered on a temporary basis, pending trial, as well as for a period of time equal to the length of the marriage after entry of the Decree of Divorce. In determining alimony, the courts consider at least the following factors: The [...]
The courts, upon petition by either parent, may increase or decrease the child support obligation if significant changes in income or other circumstances have occurred since the entry of the Decree of Divorce. The court may review this every three years.
