There is an interesting trend happening nationally with regards to the divorce rate. As the economy has slowly been inching its way back from the recent recession, so too has the divorce rate continued to increase along with it. Many people incorrectly assume divorce goes up when a recession hits. Wile it is true financial problems are some of the…
Before you enter a guilty plea and/or accept a plea bargain, there are a few things you should be aware of. First, if you do not have a Salt Lake Criminal Defense Attorney representing you in the matter, you should seek one out at least to discuss the terms of your potential plea bargain. This can help you avoid pit…
The charge of interfering with an arresting officer, or resisting arrest, is an all too common charge in Utah that is often not justified. While many police officers do a great job of managing their conduct with suspects, some rotten apples are quick to lose their...
Anyone charged with a crime in Utah should be aware of all possible defenses to their charges. Unfortunately, some individuals faced with criminal charges never fully disclose relevant facts to their attorney and therefore all their possible defenses in a case are never explored. This is often the case when self defense might apply. The purpose of this post is…
An Equitable Division of Property In Utah divorce cases the trial court is tasked with dividing all marital property in an equitable manner. An equitable division means a fair division. This means that the court will consider each of the parties’ contributions to the marriage and their circumstances at the time of the divorce. Newmeyer v. Newmeyer, 745 P.2d 1276, 1278 (Utah 1987).…
The Rights of a Parent In Utah, the law recognizes the absolute rights of parents to have custody and control over their minor children absent a termination or suspension of parental rights. These rights are recognized by both the Utah and federal constitutions. Under both of those constitutions there must be a showing that a parent abandoned or neglected his…
Nearly every day we speak with clients with questions about whether or not a particular piece of evidence, they believe will help in their case, may be admissible in court. Often in both criminal cases and domestic matters such as divorce, a party may want to introduce character references believing that if the judge hears other people saying nice things…
There is a bill in the Utah House of Representatives, HB 276, which seeks to protect individuals carrying firearms from getting hit with a disorderly conduct charge. The current law is located in Utah Code 76-9-102. Representative Paul Ray is the chief sponsor of the bill and he proposes to alter the language of 76-9-102 to include the following language:…
There is criminal stalking and there is civil stalking. Criminal stalking can only be brought against a person by a prosecutor. Civil stalking can be brought against an alleged stalker by any person who is being stalked. The elements for proving stalking are the same whether it be criminal or civil. The stalker must have engaged in a course of…
Utah gun lobbyist, Clark Aposhian faced a difficult divorce battle. Like many other individuals in Utah. Mr. Aposhian is wrapped up numerous legal battles with an ex wife all stemming from allegations of abusive behavior. Mr. Aposhian was charged with multiple domestic violence related charges, had a civil stalking injunction filed against him, was wrapped up in a lengthy and…
