It is really as simple as this, in today’s world, you should expect anything you post online could potentially be used against you in a pending divorce or custody proceeding. This seems pretty straight forward yet we still get many clients on both sides of a divorce who fail to appreciate the role their social media posts can have on their…
As if we didn’t have enough laws on the books already, 352 new laws in Utah will become effective tomorrow, Tuesday May 13, 2014. Every year a new heap of laws take effect 60 days after the Utah State Legislature ends it’s annual term. Many others become effective at some other specifically stated time in the law. This time of year…
The Contempt Test A person can be held in contempt if he consistently refuses to follow the order of a court. Contempt must be proved by clear and convincing evidence supported by findings of fact. The findings of fact must prove that the defendant: Knew what was required of him, that is, he knew there was an order requiring him…
The Arizona Supreme Court recently ruled on a case involving its DUI metabolite statute, a statute which is very similar to Utah’s. In Arizona v. Harris, the Arizona Supreme Court addressed whether the presence of a drug metabolite in a driver’s blood that does not cause the driver to be impaired should be illegal given the Legislature’s intent to penalize impaired…
Judges Rule Based on the Evidence Presented Believe it or not, courts make mistakes. Judges, after all, are only human. Trials can be time consuming and can include hundreds of pages of evidence and hours of testimony given by witnesses. Judges who preside over such trials are expected to make a fair judgment based on all of the evidence. In…
Disability Can Lead to Divorce A spouse’s physical or mental disability can seriously affect a marriage. Many marriages end in divorce because of the strain and stress put on a marriage by the disability. In such situations the disabled spouse naturally wonders how he will make ends meet. On the other hand, the spouse who is not disabled is wondering…
What is a prosecutor’s duty to disclose evidence? In criminal cases the State has the burden to prove beyond a reasonable doubt that the defendant committed the crime being charged. The State can only satisfy its burden if it produces supporting evidence. Supporting evidence is gathered by the law enforcement agencies involved in the case. The collection of evidence gives…
Utah Code § 30-3-11.4 has governed when a parent must take the divorce orientation course for some time. Specifically, it requires the petitioner in a divorce action to take the divorce orientation course without 60 days of filing the divorce petition, and it requires the respondent to take the class within 30 days of filing his answer. The problem with…
Most people realize one of their fundamental constitutional rights under the U.S. Constitution includes a right to an attorney when charged with a crime. What some people may not realize is when such a right takes effect. This does not mean in most cases you are...
This week, Judge James Shumate, a Fifth District Court judge in St. George Utah retired. I have had the pleasure of representing many clients in his courtroom and I always found him to be a very reasonable and fair figure on the bench. Judge Shumate served in the Fifth District for more than 23 years. Prior to being appointed as…
