Parental Alienation occurs when a child rejects a parent or expresses unjustified hatred toward a parent, not as a result of anything the alienated parent has actually done, but as a result of the other parent’s negative influence on the child. Unfortunately, as Utah Divorce Attorneys we can tell you this happens often when couples are wrapped up in lengthy custody disputes.…
What Assets Can Be Seized? One of the most serious consequences that accompanies a federal drug charge is the broad discretion law enforcement has to seize the assets of someone who is arrested for a federal drug crime. The following assets are subject to seizure by the federal government if they can reasonably be linked to a suspect’s involvement with…
In the recent case State v. Maughan, 2013 UT 37, the Utah Supreme Court clarified the standard that applies to binding over a defendant for trial at a preliminary hearing. A preliminary hearing is a “probable cause” hearing. At that hearing the State has the burden to prove that there is enough evidence to support the court forcing the defendant to…
It is the officially the first of July today which means many of the new laws passed by the state legislature earlier this year take effect. While there are some laws passed that will affect very few individuals, there are a number that are noteworthy and all or many of us should be aware of. In fact, many states across…
A Grand County Criminal Defense Lawyer at Salcido Law Firm can represent you in any charge you me be facing in Moab and the surrounding areas. Grand County is a beautiful area located in the eastern part of the state that stretches to the Colorado boarder. This location receives thousands of tourists every year. Moab is a huge draw for…
The Utah Court of Appeals recently addressed whether the actions of store employees who detain and search an individual suspected of retail theft can be attributed to the government for purposes of challenging the search and seizure under the Fourth Amendment of the United States. In Orem City v. Santos, Elba Santos was charged with stealing from Costco. While Santos was…
In Utah, it is unlawful for a person to be Carrying a Dangerous Weapon While Under the Influence of Alcohol or Drugs. Many people are not aware of this law and these charges can be more common that perhaps most people realize. Here, the question often becomes what is...
A person might be charged with Dealing in Material Harmful to a Minor, Utah Code Ann. 76-10-1206, if they know or believe a person is a minor, or fail to determine the age of the person, and they intentionally do any of the following: Provides or distributes to the minor any harmful material. Performs or direct to be performed anything before the…
Personal Jurisdiction refers to the court’s power or ability to order a person to something or refrain from doing something. A Utah court must have personal jurisdiction over all the parties involved in a divorce in order to enter an order on any issue other than the state of the marriage. While the court can declare a marriage terminated and enter…
Physical Custody and Legal Custody There are two types of custody in Utah: physical and legal. Physical custody is a little bit easier to understand for most people than legal custody, and even the statutes relating to legal custody are a bit vague. The Utah Code defines legal custody as follows: The sharing of the rights, privileges, duties, and powers…
