Currently Utah DUI law is found in Utah Code 41-6a-501 et seq. Throughout the code relating to DUI there are certain words that have very specific definitions in how they relate to the DUI statute. Below is a list of those important words and their definitions: “Assessment” – if someone is convicted of a DUI, the code requires the judge…
As a Utah Divorce Attorney, we handle many cases each year involving Domestic Violence as part of the divorce, custody dispute, separation, or other legal action. In some instances one spouse has been physically abused by the other and has sustained serious injuries throughout the marriage. Other cases we have handled involve an out of control spouse who never was physically abusive but…
We speak with many people each week who are just beginning the divorce process who are concerned with their custody rights but have not yet thought to ask themselves one very simple question, “What will be in the best interests of my children?” May we suggest when it comes to custody, parent time, child support, child health care, and anything…
A Plea in Abeyance in Utah is a certain plea agreement in which the court holds a guilty or no contest plea “in abeyance” for an agreed period of time, (typically at least 12 months), and assuming certain probationary terms are met during that time, the Defendant is not convicted of the crime. This means the court accepts your guilty…
Generally speaking, in Utah, attorney’s fees may be awarded only cases involving a contract or statute which calls for such fees. When it comes to divorce, the statute which governs the award of attorney fees is Utah Code Ann. 30-3-3. This statute conditions an award of attorney fees upon the sole discretion of the court. Essentially, this means you might…
Speak with a Tooele County Utah Criminal Defense Attorney today at our law office. Located just west of the Salt Lake Valley, Tooele and its surrounding areas cover a large portion of the western Utah desert. When charged with a crime in this area, it is important to have representation from a team of lawyers with experience in the local Tooele…
The United States Supreme Court ruled this week in Maryland v. King that police were not prohibited, under the constitution, from taking DNA samples from arrestees without a warrant. The court was divided 5-4 with Justice Kennedy giving the majority opinion. Justice Kennedy essentially explains that gathering DNA evidence from an individual arrested for a serious crime is simply a…
A person who gets arrested for DUI in Utah is considered to have given implied consent to a chemical test to determine the blood alcohol content. Many people have no idea that the state has unilaterally applied implied consent to every single resident in and passerby of Utah. Even less people know you have right to (1) receive the results…
If you are convicted of a felony in Utah, and in many cases a class A misdemeanor, the court may require you to meet with adult probation and parole, which is the entity responsible for supervising your probation. Before AP&P will take responsibility for your probation, you will be required to fill out a questionnaire. Below is an example of…
Cox v. Cox In Cox v. Cox, 285 P.3d 791 (Utah App. 2012), the issue of modifying child support and alimony payments was raised. In that case the husband and wife entered into a settlement agreement that husband would pay wife $3,000/month for ten years as a “property settlement” which was intended to included child support as part of that…
