The Utah Uniform Fine and Bail Schedule is a guide to help judges determine the appropriate fines and bail amounts to be set in any particular case. It sets standards so there are less disparities between judges sentences from one court to the next. The guide is published each year by the administrative office of the courts. It is very…
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A Parent’s Motion for Joinder
If you are the parent of a child in Utah and your child becomes the subject of a legal dispute, you may find yourself needing to file a motion for joinder. This type of motion is necessary when you are not included in a certain legal action but your rights of custody etc. may be impacted and you need to…
When to Hire a Utah Divorce Lawyer
The question of when it makes sense to hire a Utah Divorce Lawyer is best answered after understanding your personal set of circumstances. In helping you make this decision, you should consider contacting a family law attorney in Salt Lake City as soon as possible to discuss what your goals are in the divorce. Some people hire divorce attorneys very…
The Enhanceable Offense
Most criminal statutes in Utah list the elements that constitute the criminal offense and then classify it into one or more of 7 different categories or levels of criminal activity ranging from a capital offense to an infraction. In between these levels are felonies and misdemeanors which are the most common charges people face when being cited for criminal activity.…
Does Marijuana Cause People to Be Violent?
A county sheriff in Minnesota went on the record claiming that there is a clear correlation between violent acts and marijuana. He backs up his statement by arguing that 54% of those individuals books into his jail are under the influence of marijuana. He states that around 40,000 people a year are booked into his jail and more than half…
Odor of Marijuana Negates Need for Warrant in Utah
Is there really any privacy in a vehicle these days? Does the constitutional prohibition to unreasonable searches and seizures even apply to cars driven in Utah. One can answer these questions with an emphatic “NO!” because of Utah’s laws regarding vehicle searches and the odor of marijuana. Basically, if you get pulled over and a law enforcement officer smells marijuana,…
Motions for Contempt in Utah Divorce Cases
From the beginning of a contested divorce case in Utah the chances are that one or both parties will not like what the other party is doing. The court gets involved to establish some ground rules and puts in place temporary orders and then ultimately a final divorce decree. The order governs the parties’ actions. Although a party may not…
Challenging a Supported Finding by DCFS of Abuse or Neglect in Utah
Authority of the Department of Child and Family Services DCFS has the authority to address specific categories of conduct against minors, including abuse and neglect. Utah Code 62A-4a-103. and 62A-4a-105(1)(f). DCFS also has the authority to investigate reports of abuse or neglect to determine whether they are “supported, unsupported, or without merit.” Utah Code 62A-4a-409(3). DCFS acts on this authority…
90 Day Waiting Period Becomes More Concrete in Utah
What is the Utah 90 Day Waiting Period? Utah has an interesting law. It requires that divorcing couples wait 90 days before the divorce can become final. Up until this year the 90 day waiting period was kind of a suggestion, not really a hard and fast rule. In fact, parties would file a motion to waive the 90 day…
Utah County Deputy Sheriff Dies in Plane Crash
Over the weekend a Utah County Deputy Sheriff died in a plane crash. Sgt. Jay Dee Lessley was the sole occupant of an experimental plane that he was testing. This morning at the Fourth District Court in Provo the Sheriffs deputies were sullen as they relayed the news to attorneys. This comes just days after a Draper City police officer…