Criminal Defense
What are my "Miranda" rights?
What are my "Miranda" rights?
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Legal Insights & Resources
Practical legal guides and articles from the attorneys at Hepworth Legal.
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Business Law Criminal Defense Defamation Estate Planning General General Legal Real Estate
General
Utah Court of Appeals Upholds Noncompete Agreements but Reverses on Tortious Interference Claim
Utah Court of Appeals Upholds Noncompete Agreements but Reverses on Tortious Interference Claim
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Estate Planning
What assets are not disposed of by a will in Utah?
Not all assets pass through a will in Utah. Learn which types of property bypass probate and how to plan your estate accordingly.
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Estate Planning
My dad's will does not appear to say what I actually think he would have wanted, can I challenge the will?
If you believe a loved one's will doesn't reflect their true intentions, you may be able to challenge it in Utah court. Learn about the legal grounds.
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Estate Planning
Do I Really Need to Hire an Attorney to Draft a Will?
Can you write your own will in Utah? Learn why hiring an attorney to draft your will helps avoid costly mistakes and ensures your wishes are honored.
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Defamation
Defamation in the Workplace: Legal Recourse and Prevention
Workplace defamation can damage careers and morale. Learn about your legal rights, recourse options, and strategies to prevent defamation at work.
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General Legal
Invasion of Privacy Under Utah and Federal Law
A comprehensive guide to the four types of invasion of privacy claims in Utah, including intrusion upon seclusion, appropriation, public disclosure of private facts, and false light.
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Defamation
Libel, Slander, and Defamation: Understanding the Differences
In a world where information spreads faster than ever, understanding the legalities surrounding the words we use is crucial.
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Defamation
Defamation and Public Figures: A Legal Perspective
Defamation law serves as a crucial check on the spread of false information, but when it comes to public figures, the legal landscape becomes particularly...
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Defamation
The Role of Evidence in Proving Defamation
Learn what types of evidence are needed to prove a defamation claim, including written statements, witness testimony, and documentation of damages.
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Defamation
Defamation Law: Recent Changes and Legal Updates
Defamation Law: Recent Changes and Legal Updates
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Defamation
Navigating Defamation in Utah
Navigating Defamation in Utah
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General
Navigating New Territories: The End of Non-Compete Clauses and What It Means for the Workforce
In a significant shift in labor law, the Federal Trade Commission (FTC) has introduced a new rule that marks the end of non-compete clauses for most American...
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Defamation
Celebrity Defamation Cases: Lessons and Legal Insights from Johnny Depp vs. Amber Heard
Hepworth Legal, with its broad expertise spanning from personal injury to defamation law, stands at the forefront of providing nuanced legal insights.
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Defamation
How to Report and Respond to Defamation
A practical guide to recognizing defamation, documenting evidence, and taking legal action to protect your reputation under Utah law.
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Defamation
Online Defamation: Legal Strategies for Handling False Accusations
Defamation in the digital age is a complex issue, evolving with the rise of social media and online platforms.
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Defamation
Avoiding Defamation: Tips for Businesses and Individuals
Defamation claims can significantly impact a business or individual's reputation and financial stability.
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Defamation
What to Expect if You’re Being Sued for Defamation and Common Defamation Defenses
Being sued for defamation can be overwhelming. Learn what to expect, common defenses available, and how to protect yourself in Utah court.
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Criminal Defense
What Is a Plea in Abeyance and Do I Qualify?
Understand how a plea in abeyance works in Utah criminal law, what conditions you must meet, and which charges are not eligible for this resolution.
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Defamation
The Impact of Social Media on Defamation Cases
In the digital age, social media has become a central hub for personal expression, news dissemination, and public discourse.
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Defamation
Defamation vs. Freedom of Speech: Where is the Line?
In the bustling marketplace of ideas, the line between defamation and freedom of speech often seems as thin as a tightrope.
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Defamation
Sued for Defamation: How to Prepare Your Defense
Being accused of defamation can be an overwhelming experience.
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Defamation
What Constitutes 'Being Sued for Defamation'? Understanding Legal Implications
In the era of instant communication and social media, the term "defamation" is thrown around more frequently than ever.
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Defamation
Utah Defamation 101
This article is intended as a brief overview of the nuts and bolts of defamation law in Utah.
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Business Law
Utah Business Entity Formation: Why and How to Incorporate
Learn why incorporating your Utah business protects your personal assets, the differences between LLCs, partnerships, and corporations, and how an attorney can help.
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General
Utah Court Affirms Unequal Division of Marital Home Equity and Debt in Short Marriage
In a recent opinion, the Utah Court of Appeals upheld a trial court's decision to award one spouse 95.5% of the equity in the parties' marital home and divide...
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Real Estate
The Ugly Reality of the Eviction Hearing
What Utah tenants can expect at an eviction hearing, why paying rent is the critical factor, and how an attorney can help protect your rights and dignity.
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Defamation
Defamation & the Internet - Navigating Jurisdiction
Online defamation crosses state lines. Learn how Utah courts handle internet defamation jurisdiction and what it means for your case.
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Defamation
Defamation and the Statute of Limitations
Utah's statute of limitations for defamation is only one year. Learn when the clock starts, how multiple statements are treated, and why acting quickly is critical.
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Estate Planning
Wills vs. Living Wills: What's the Difference?
Understand the critical differences between a Will and a Living Will in Utah, why you need both, and how they protect you and your family.
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Defamation
Defamation of Character in Utah: Know Your Legal Rights
In a world where the internet has amplified our ability to communicate, the risk of damaging someone's reputation through false statements has never been hig...
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Real Estate
13 Important Lease Clauses to Include When Creating a Lease Agreement
A comprehensive guide for Utah landlords and tenants covering the essential lease provisions that protect both parties, from eviction terms to pet policies.
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Defamation
Defamation Lawsuit: A Step-by-Step Legal Guide
In today's digital age, where information spreads faster than ever, the risk of defamation has significantly increased.
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General Legal
Understanding Mediation and Arbitration
Learn the key differences between mediation and arbitration in Utah civil cases, how each process works, and when alternative dispute resolution may be right for you.
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General
The Legal Definitions of "Insurrection" and "Rebellion" and Their Historical Context in the United States
Understanding Insurrection and Rebellion In the fabric of American history, terms like "insurrection" and "rebellion" carry profound legal and historical...
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General
Do You Need to Update Your Estate Plan in 2023? Here's What Changed That Could Impact You
If you implemented an estate plan more than a year ago, or don't yet have one in place, it may be time to revisit your situation.
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General
Estate Planning Trust Options for Married Couples
Estate Planning Trust Options for Married Couples
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General
Utah Man's Conviction Reversed After Prosecutors Use Refusal to Provide Phone Passcode Against Him
The Utah Supreme Court recently upheld an appeals court ruling that reversed Alfonso Valdez's conviction. Valdez was arrested for assaulting his ex-girlfriend.
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Criminal Defense
Steps of a Criminal Case in Utah
Understanding the steps of a criminal case in Utah, from arrest and booking through arraignment, trial, and sentencing.
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Criminal Defense
Don't Talk to the Police
Why you should exercise your right to remain silent during police encounters and how speaking without an attorney can hurt your case.
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Criminal Defense
Top 5 Defenses Against a DUI Charge
Learn the most common legal defenses against DUI charges in Utah, from challenging the traffic stop to questioning breathalyzer accuracy.
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Criminal Defense
Where can I find a simple overview of Utah DUI Laws?
A comprehensive overview of Utah DUI laws, including BAC limits, penalties for first and repeat offenses, and what to expect after an arrest.
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General
Divorce 101: Navigating the Legal Maze Like a Pro
Divorce, an often complicated and emotional journey, can seem daunting.
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General
From Love to Law: A Hypothetical Walkthrough of Jane and Robert's Divorce
Navigating through a divorce can be a challenge, even in the most amicable circumstances.
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General
Navigating the Waters of Divorce: A Hypothetical Journey of John and Mary
Divorce, while difficult, can be navigated with understanding and patience.
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General
Tackling the Toughest Battles: A Hypothetical Case Study on Child Custody in Divorce
In the world of divorce, child custody can often be the most complex and emotional battleground.
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General
Custody Evaluations
Child Custody This is the first in a series of blog posts on custody evaluations.
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General
Property Condition Disclosure
Real estate transactions are complex and involve many legal considerations.
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General
What is Seller Disclosure Fraud?
In its simplest form, Seller disclosure fraud happens when a seller lies about the condition of their home in order to entice buyers to purchase the property.
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General
Stalking - How does the law define it?
Under Utah law, stalking is considered a criminal offense. There are two ways that a person may be found guilty of this crime.
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General
1031 Exchange: Start to Finish
A 1031 exchange is a powerful tool that allows investors to defer paying capital gains taxes on the sale of an investment property by reinvesting the proceeds...
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General
I'm buying a home should I get title insurance or not?
I'm buying a home, but I don't want to pay for title insurance. Should I get it or not?
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General
Trademark Infringement Cases
There have been several trademark infringement cases in Utah involving small businesses. Here are a few examples: Legacy Flooring v.
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General
How To File A Patent Application?
Applying for a patent can be a complex and time-consuming process, but generally, the following steps are involved.
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General
Navigating "Seller Disclosure Fraud" and what to do about It.
If you've ever bought or sold a home, you are likely familiar with a very important document called the "Seller's Property Condition Disclosures." If you...
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General
Patent Infringement Cases
Individual inventors can face significant challenges when it comes to protecting their patents and enforcing their rights, as they may lack the resources and...
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General
Post-issuance challenges to a patent.
Received a letter threatening a patent infringement lawsuit? Or worse, being sued for alleged infringement?
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General
The military romance scam.
One of the most prevalent scams that have been sweeping the internet for the past few years is the "romance scam." This scam involves creating a fake identity...
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General
Trademark : State vs Federal
Why Should You Register Your Trademark with the USPTO? A trademark protects a distinctive word, phrase, or symbol that indicates your services or products.
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General
What is a patent?
A patent is a legal document granting an inventor the exclusive right to make, use, and sell an invention for a certain period of time, typically 20 years from...
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General
What is a trademark?
A trademark is a symbol, word, phrase, design, or combination thereof that is used to identify and distinguish the goods or services of one party from those of...
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General
What to Do if a Boundary Line Is in Dispute?
What to do if a Boundary Line is in Dispute?
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General
Adoption and the Reunification Journey
Many Utah-born children are adopted each year.
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General
Utah is in a Drought: How Can I Report Water Wasting?
According to the National Integrated Drought Information System, specifically, the July 24, 2018, U.S.
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Defamation
The First Amendment Right to Freedom of Speech and its Limitations
The First Amendment of the United States Constitution states that "Congress shall make no law… abridging the freedom of speech".
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General
Both of My Parents Passed Away: What Should I Do Now?
My Dad passed away years ago. Now my mom has passed away too. What should I do with everything they left behind?
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General
Can a 5-mph Car Crash Cause Permanent Injury?
Some car accidents are catastrophic; others are relatively minor by comparison.
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General
Default Judgments
#_ftn1) Jim slid his rent payment under his apartment manager's office before he left.
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General
Does COVID-19 Prevent Me from Evicting My Tenants?
There has been a lot of confusing information circulating related to the Coronavirus and the restrictions put in place by local, state, and federal...
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General
How Do I Get A Traffic Ticket Off My Record?
Traffic tickets, like speeding, can really mess up your day.
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General
How Much Time Do I Have to Sue?
Were you injured in a car accident? Did your neighbor's dog bite you? Maybe your employer discriminated against you and now you're out of a job.
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General
Implementing an employee handbook
#_ftn1) that your business has an employee handbook that contains at least the following things: - Anti-Discrimination Policies, - Compensation Information, -...
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General
Fireworks in Utah: A Friendly Reminder
The 4th of July is right around the corner and it is time for America to celebrate.
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General
One Crucial Reason Young Families Should Have a Will
We tend to associate the concept of an individual's "last Will and Testament" with the looming prospect of their nearing death.
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General
What happens if I don't know where my spouse is to serve them documents?
In order to get a divorce, you have to personally serve your spouse with the Petition for Divorce.
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General
What is Hearsay?
You've probably heard the word "hearsay" tossed around in conversations with your friends or perhaps from the characters of your favorite legal drama.
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General
Winter Driving Car Accidents
What Are My Legal Rights After a Winter Driving Car Accident in Utah?
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General
Repossession Deficiency Defense
<u></u> Have you or a loved one had a boat, vehicle, RV, or similar item repossessed?
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General
3 Important Reasons to Complete a Utah Advance Health Care Directive
You have probably heard of an Advance Health Care Directive (AHCD), perhaps at a doctor's office, hospital, or from a family member who has recently completed...
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General
A survey shows that my neighbor's fence is on my property, but they won't move it. What can I do about it?
John and Anne are neighbors.
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General
Alimony – Until Cohabitation Do We Part.
What do alimony and cohabitation have in common? Until death or cohabitation do we part.
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General
Can I challenge a will based on undue influence?
Many people create a will in an effort to help their family and loved ones navigate their estate after they die.
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General
Can I get in trouble for reporting sexual harassment or discrimination in the workplace?
If you have been discriminated against or sexually harassed at your Utah workplace, you may be wondering if you will get in trouble for reporting it.
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General
Can I get my marriage annulled?
Many people are unclear about the real differences between a divorce and an annulment, and which is the best option for them.
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General
Divorce is final, now what?
Whether it was a quick and uncontested divorce or a fiercely litigated one with multiple battles spanning many months or even years, the Judge has just signed...
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General
Do the police need a warrant to use their dog to sniff at my front door?
Drug Dog Search Drug-sniffing dogs have been around for decades, and we all have seen and possibly had some experience with them.
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General
"Doctor Shopping" is not a person...it's a crime.
WHAT IS DOCTOR SHOPPING?
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General
Does a dog really get "one free bite" before his owner is in trouble?
Dog Bites and Dog Injuries Have you been injured as a result of a dog bite or dog aggression?
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General
Does cohabitation terminate alimony?
Cohabitation and Termination of Alimony Alimony in Utah can be terminated by the paying spouse establishing that their former spouse is cohabitating with...
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General
Does my Utah Employer Have to Accommodate my Religious Beliefs?
If your Utah employer has asked you to do something that you think violates your religious beliefs, you may be wondering if you have any legal protection.
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General
Fatal Shooting Cases Involving Police Officers
Criminal and Civil Consequences in Whenever a fatal shooting involving a police officer occurs, the district attorney will consider whether criminal charges...
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General
"Guilty Plea" vs "No Contest Plea" in a criminal case.
When a defendant is charged with a criminal offense, he or she must generally choose to plead either guilty or not guilty to the offense.
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General
How can I get a temporary restraining order in Utah?
The Fourteenth Amendments of the United States Constitution protects every individual's right to Due Process.
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General
High School Mock Trial Participation
Each year Utah Law Related Education hosts a mock trial program for middle school and high school students in the state of Utah.
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General
How does a court determine the best interests of the child?
Best Interests of the Child - The Standard by Which Custody is Measured One of the greatest unknowns in a divorce proceeding is child custody.
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General
How does my criminal record hurt my job hunt?
We all make mistakes. Sometimes these mistakes are minor and we can go on with life like nothing happened.
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General
How does supervised visitation work in Utah?
Supervised Visitation Here at Hepworth & Associates, parents don't come first, the children do.
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General
How is Alimony Determined in Utah?
Alimony, perhaps the most universally hated and feared word in divorce proceedings. Neither party likes to discuss alimony.
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General
I think my spouse is hiding assets in our divorce
Hiding Assets in Divorce Dividing assets in a divorce can be a grueling and emotional task.
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General
I love my fiance, but should I get a prenup anyway?
Should I get a Prenup? You found the love of your life and decide you want to get married. Before you take the plunge, think about the future.
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General
I want to see my grandchildren but the parents won't let me
Grandparent Visitation Rights Under Utah Code Ann. 30-5-2, grandparents have a right to petition the court for visitation with their grandchildren.
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General
I want to sue someone in small claims court, do I need a lawyer to help me?
Should I Go It Alone?
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General
Ignorance of the law - No Excuses?
"BUT I DIDN'T KNOW IT WAS AGAINST THE LAW" Everyone has heard the term "ignorance is no excuse." In fact, most people have probably used it at one time or...
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General
Important Change to Utah's Employment Law
Critical Business Update—Important Change to Utah's Employment Law The Utah legislature has passed new legislation this year that affects agreements between...
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General
I don't have a will, so what happens to my property when I die under Utah's Intestacy Laws?
Sam is married to Kayla and they have two children together. Sam never executes a will, and at his death, all of his property and assets are valued at $500,000.
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General
Is anyone legally "at fault" in my Utah divorce?
When a marriage is ending, many people look for someone to blame, but does fault really matter legally? Not in Utah.
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General
Is it legal to practice law in Utah without a license?
In order to practice law within the United States, either in state courts or in federal courts, an attorney must have a license to practice law in that...
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General
Is Smoking Cigarettes Illegal, Even if It's Allowed? What About E-Cigs?
There's no question that smoking cigarettes is on the decline – and everyone agrees that's probably a good thing. Smoking is unhealthy. It just is.
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General
My ex is behind on child support - can I withhold visitation?
You are the parent of a great kid, and both you and the other parent love that kid more than anything.
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General
My Ex Moved out of the Country and I Need to Collect Child Support: What do I do?
You've got the kids. The Ex went to London. Or Guatemala. Or Timbuktu. What does it matter? The Ex is gone. Like gone gone. Another country gone.
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General
My land in Utah is "landlocked," what can I do to get access? Obtain an Easement by Necessity.
Suppose that Jane owns a large piece of land in Utah. She decides to divide up her land and sell a smaller portion of the land to Rick.
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General
My spouse cheated on me, and now I'm thinking about a divorce.
My Spouse Cheated on Me. You notice your spouse is absent for long periods of time.
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General
Posting About Your Car Accident On Social Media
Can I post about my car accident on social media? Car accidents in Utah can be extremely traumatic and frustrating.
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General
Powdered Alcohol in Utah?
Upcoming Legislative Actions—Will the Sale of Powdered Alcohol be Banned from Utah?
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General
Recognizing a common law marriage after the relationship ends
A "common law" marriage is a relationship recognized as a marriage by law, between two people who never actually got married.
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General
Serving the Divorce Petition
In order to get a divorce, you have to personally serve your spouse with the Petition for Divorce.
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General
Should I Waive Uninsured Motorist Insurance in Utah?
<u></u> If you have purchased or renewed your car insurance in Utah recently, you may have been shocked at the initial quote from the insurance company and...
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General
Slip and Fall Accidents
Did a slip and fall injury ruin your day out with your family? Everyone enjoys spending time out and about with their family and friends.
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General
Statute of Limitations for a Utah Car Accident
If you have been injured in a car crash in Utah, you may be wondering how long you have to file your lawsuit, or if too much time has passed since the car...
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General
The Civil Side of Identity Theft
Each year almost thirty million Americans are victims of identity theft.
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General
The Divorce Process
Going through a divorce can be an emotionally difficult process, add on to this the complexities of the legal system and the process may start to seem...
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General
The Sister Wives & Utah's Anti-Bigamy Law
On January 21, 2016, the 10th Circuit Court of Appeals is set to hear arguments on Utah's bigamy law forbidding cohabitation.
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General
Thirteen Important lease clauses to include when creating a lease agreement.
What provisions/clauses should be in a lease? Renting property to another person can be an intimidating prospect.
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General
Utah's Divorce Rate
Want the best chance of making your marriage work? Get married in Utah. According to the U.S.
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General
Victims of Employment Discrimination
Have you experienced discrimination in your workplace based on your gender, race, national origin, religious beliefs, sexual orientation, disability, or age?
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General
We moved from a community property state to Utah and my spouse died, now what?
Amy and John were married in California. While living in California, they opened a bank account and deposited community property funds into the account.
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General
What are the police allowed to do during a normal traffic stop?
The vast majority of us have been pulled over by law enforcement for one reason or another.
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General
What are Utah's Texting and Driving Laws?
If you have driven on a freeway in Utah lately, you may have noticed some of the humorous messages reminding you to pay attention to the road.
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General
What can I expect in divorce mediation?
If you are a party to a contested divorce, Utah law requires you to attend a mandatory divorce mediation session.
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General
What does a "misdemeanor crime" mean in Utah?
IT'S JUST A MISDEMEANOR Perhaps one of the most common questions when discussing criminal charges with someone is, "It's just a misdemeanor, do I need an...
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General
What happens to gifts after a broken engagement?
Gifts Given During An Engagement During the course of any relationship, gifts are freely given and received; but when an engaged couple breakup before...
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General
What happens when I get into a crash with an uninsured driver?
<u>What Should I Do if I am Hit by an Uninsured Driver in Utah?</u> If you have been involved in a car accident with a driver in Utah who doesn't have car...
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General
What is an intentionally defective grantor trust?
An Intentionally Defective Grantor Trust (IGDT) is an estate planning tool often used by estate tax planners who are attempting to freeze the value of an asset...
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General
What is hearsay evidence & why does it matter to me in court?
If a hearing for a Civil Protective Order (CPO) is granted, the District Court will give both sides the opportunity to present evidence to support their case.
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General
What rights do I have to see my grandchildren after a divorce?
Grandparent Visitation The birth of a child is an incredibly exciting time for a family, especially for grandparents.
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General
What Should I Do if I am Cheated by a Contractor in Utah?
If you have heard recent news stories about crooked Utah contractors disappearing after taking money or performing shoddy work, you may be wondering what legal...
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General
What Should I Do If I Am Hit By A Stolen Car?
If you have seen the local news recently, you have probably heard about a car accident in downtown Salt Lake City caused by a teen drunk driver who had stolen...
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General
What should I do if I have been in an accident with a truck?
If you have been hurt in an accident with a tractor-trailer, big rig, or semi in Utah, you may be wondering what your rights are.
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General
When am I justified to use of Deadly Force?
WHEN IS THE USE OF DEADLY FORCE JUSTIFIED UNDER THE LAW?
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General
When Law Enforcement Goes Too Far
Let me start off by saying, as a former police officer, I know that not all police officers are the same.
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General
Who's your daddy? (An Introduction to Paternity in Utah)
Back in the days of Ozzie & Harriet, mom wore pearls while vacuuming, all problems were solved in under thirty minutes, and every nuclear family had two...
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General
I Was Fired But Not Paid
Can my boss not pay me and keep my last paycheck? Even if you are fired, your boss is required to pay you for every hour that you worked.
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General
I'm being stalked by my ex – what can I do to protect myself?
It can be an unsettling and frightening experience – or just a very annoying one – to be on the receiving end of unwanted attention.
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General
Increasing Parent Time
Increasing Parent Time
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General
Lost Wages After Car Crash
Lost Wages After Car Crash
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General
Miranda Rights Part 1
What are the Miranda Rights? The most common version that people are aware of is: You have the right to remain silent.
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General
Miranda Rights Part 2
Most people are familiar with the so-called Miranda Rights. You've heard them on TV and in movies. You have the right to remain silent.
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General
Moving with a Child After a Divorce
The Utah Legislature put into effect Utah Code 30-3-37 to provide guidelines that help parents handle when their co-parent decides to "relocate." The code...
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General
My Dog Bit the Mailman: Am I in Trouble?
Ding dong. The doorbell rings. The ears of your beloved pooch perk up in curiosity. Your dog, Fido, raises his head slowly and utters a low, rumbling growl.
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General
Protecting Your Professional License
Protecting Your Professional License
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General
The Officer Wants to Search My Car – Should I Let Them? Do I Have a Choice?
You've been pulled over and the officer says they can smell something funny in your car. They tell you it smells like marijuana.
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General
The role of insurance in your estate plan.
Many Americans are dangerously underinsured.
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General
Utah Adoption Fraud
THE PROBLEM If I was to tell you that a biological mother could lie, steal and cheat her way into placing her child for adoption, without the knowledge and...
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General
What is a "Preliminary Hearing" and Should I Waive My Right to One?
For criminal charges of Class A misdemeanors and higher (more serious), the person charged—the "Defendant"—has a right to what's called a Preliminary Hearing.
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General
What is a traditional family?
What is a traditional family?
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General
Your Legal Rights After Hit and Run
If you have been involved in a hit and run car crash and the police have been unable to identify the driver of the vehicle that caused the crash, you may be...
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Criminal Defense
Do I Need a Lawyer for DUI Charges?
It's a fair question. To us, the answer is pretty clear: YES!
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Criminal Defense
Do I have a right to an attorney before a chemical test?
I've been arrested for DUI – do I have a right to an attorney before a chemical test?
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Criminal Defense
Questions to Ask When Hiring New Attorney
A good lawyer should respect you for asking these questions.
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Criminal Defense
Utah Amendment Drops the DUI BAC Level from .08 to .05
A recent Utah amendment drops the DUI BAC level from .08 to .05.
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Criminal Defense
What happens if I refuse the Breathalyzer?
REFUSING THE BREATHALIZER IN UTAH If you have been drinking alcohol the best advice to avoid a conviction for Driving Under the Influence (DUI) is to have a...
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Defamation
Sticks and stones hurt, but mean words hurt even worse!
Sticks and Stones and Defamation We've all heard the phrase, "sticks and stones may break my bones but words will never hurt me." That isn't the case when it...
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Criminal Defense
I was charged with my Second DUI, what happens now?
In order to be convicted of Driving Under the Influence in Utah, the prosecution must prove: (1) the person must have been "operating" or in "actual physical...
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Criminal Defense
DMV Hearing Request
If a police officer confiscates your driver's license as a result of a DUI charge, the Driver License Division allows you to request a hearing on whether or...
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Criminal Defense
Are DUI checkpoints a violation of my Fourth Amendment Rights?
DUI Checkpoints Generally, whenever a police officer stops your vehicle, it is considered a "seizure" under the Fourth Amendment of the U.S. Constitution.
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Criminal Defense
DUI? But I have a prescription for that! Not so fast...
Prescription drugs and DUI Even if you are taking a legally prescribed controlled substance, it is possible that you could be cited with "metabolite DUI" or...
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General
Oops...Did we seriously get married last night?
What is an annulment?
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General
Driving Privilege & the Points System
How does the "points" system work and how does it affect my driving privilege? Anyone that has a Utah driver's license should be aware of Utah's points system.
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Criminal Defense
Impaired Driving vs. DUI
Impaired Driving vs. DUI
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Criminal Defense
DUI - What is required before a blood draw is allowed?
No per se exception to the warrant requirement for a blood draw—what is required before a blood draw is allowed? Under the U.S.
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General
Marital Privilege vs. Spousal Privilege
Can I be forced to testify against my spouse? Can my spouse prevent me from testifying against them?
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General
Same-Sex Marriages in Utah
How Same-Sex Marriages came to be recognized in Utah In 2004, in response to the growing number of states recognizing same-sex marriages, the Utah Legislature...
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General
Utah Judicially Recognized Marriage Common Law Marriage
Creating a Marriage without a Wedding - If you have been in a serious relationship, and have been living with the other person, you may be able to have a court...
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Criminal Defense
Ignition Interlock Device
When is an ignition interlock device required for DUI charges?
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General
What is a Grand Jury?
I've heard a lot about the "Grand Jury" in the case down in Ferguson, but how does a grand jury actually work?
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Criminal Defense
When can an officer search my vehicle?
Under the Fourth Amendment, the U.S. Constitution guarantees that every person shall be free from unreasonable searches and seizures.
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General
Breach of Contract
Violating the terms of a contract is known as a breach of contract.
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General
Protecting Victims of Violent Crimes
When a violent crime occurs, the prosecutor represents the state during the criminal prosecution, the defense attorney or public defender represents the...
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General
How can I establish paternity?
In Utah, there are three ways to establish paternity: (1) a voluntary declaration of paternity; (2) an administrative paternity order; and (3) a judicial...
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General
Spousal Support & Alimony
If you are seeking spousal support, during the divorce process, spousal support should be included as a term of the divorce decree.
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General
What is the process for filing for divorce in Utah?
What is the process for filing for divorce in Utah?
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General
How do Utah Protective Orders work?
How do Utah Protective Orders work?
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