Driving while intoxicated (DWI) and driving under the influence (DUI) in Utah is certainly no joke. In the event you are pulled over and are charged, you should be aware of your rights. You must be knowledgeable of the officer’s conduct and the appropriate steps that need to be taken. In most states, DUI is considered a lesser offense to DWI. A DUI charge implies that a driver is unfit to handle a motor vehicle as a result of illegal drug use as opposed to alcohol. Nevertheless, both are serious offenses, and it is important to hire an attorney that is specialized to handle your case. With a DWI charge, you may face more serious consequences, but qualified attorneys that have experience in these cases may be able to reduce the charge to a DUI. More importantly, it is imperative to hire a lawyer that specializes in DWI/DUI cases because other attorneys may not have experience in this field. Locating an experienced lawyer in Utah is a pivotal first step, and failing to do so can have irreversible consequences. When searching for a DWI/DUI lawyer, a background check is a necessary step. You need to know whether or not a lawyer is reputable, his or her caseload history, years of experience handling DWI/DUI cases, and success rates. If you have hired a local Utah attorney to handle your other affairs, he or she can refer you to the best representatives available. If you consented to a breathalyzer test and had blood alcohol content (BAC) reading of at least .05 percent, your lawyer may have to take more drastic measures. A Utah DWI lawyer might decide that the evidence the arresting officer submitted was not substantial, and he or she may choose to have the tools analyzed for accuracy and malfunctions. If you have an illness such as diabetes or are taking prescription medications for health reasons, a lawyer may be able to discredit breathalyzer test results. If this is a first time offense, rather than claiming innocence, a Utah DWI lawyer may encourage you to plead guilty and work towards reducing the charge to a DUI. Overall, every detail provided to your attorney can impact the outcome of your case. Therefore, accurate and honest accounts are imperative. Whether you are guilty or innocent of charges, courts are expected to protect your civil rights. Utah DUI LawsDiving under the influence (DUI), also referred to as driving while intoxicated (DWI) in some states, is a serious offense across the United States. Under Utah’s DUI laws, anyone in physical control of a vehicle while having a blood alcohol concentration (BAC) of 0.05% or higher has committed a DUI offense. Utah’s DUI statutes also make it illegal to operate a vehicle while under the influence of any drug that prohibits the offender from safely operating a vehicle. Brief overview of Utah’s DUI lawsUtah Code section 41-6a-502 & 41-6a-503: Driving Under the Influence of Alcohol, Drugs, or a Combination of Both. Operating (or being in physical control of) a vehicle within Utah if the offender: Utah DUI PenaltiesA first or second DUI offense is generally a Class B misdemeanor. However, if the offender falls under any of the classifications below then the offense is a Class A misdemeanor: Third degree felony if: Revoked or Suspended Drivers LicenseIf the offender is 21 years old or older at the time of the DUI offense, then the offender’s license will be suspended for 120 days. If the offender has a prior DUI conviction within the last 10 years then the offender’s drivers license will be revoked for two years. If the offender is between 19 and 21 years old then their license will be suspended until the offender turns 21 or for a period of one year, whichever is longer. First-Offense DUI in UtahIn Utah, it’s illegal to drive or be in actual physical control of a vehicle while under the influence of alcohol or drugs. Generally, you can be convicted of DUI if you drive: Felony DUIsUtah’s felony DUI law imposes stiffer penalties for certain DUI offenses. A DUI is a third-degree felony when the offender drives under the influence: Administrative Penalties“Administrative penalties” are those imposed by the Utah Driver License Division (DLD). These penalties are triggered by a DUI arrest (as opposed to a conviction in court). For a first DUI, the administrative penalties include: At the time of your arrest, the officer will confiscate your driver license and issue a citation that serves as a temporary license for 29 days. If you don’t request a hearing within 10 days of the arrest, you forfeit your right to challenge the above administrative suspensions. And if you are later convicted in criminal court of DUI, the DLD will suspend your license for an additional 120 days. Aggravating Factors In Utah DUIYou’re on your way home from a friend’s birthday party, and all of a sudden you see flashing lights behind you. You might have only had a few drinks, but your BAC is just a little too high and you end up getting a DUI. While this is certainly not an ideal situation, it actually could be much worse. In the state of Utah, a typical DUI can turn into what’s known as an aggravated DUI if there are certain elements at play. A few of these factors are discussed below, and can turn a bad situation even worse. Multiple DUIs on your recordIn Utah, getting a single DUI is considered a misdemeanor, and can include penalties and the suspension of your license. To discourage people from driving under the influence, each DUI comes with an increasingly harsher punishment. If you are getting arrested for a DUI, and it’s your third one within the last ten years, the state will turn your offense from a misdemeanor into a felony. A felony conviction automatically brings jail time into the equation, and also includes hefty fines. Young passengers in the carThere’s no question that driving under the influence poses a danger to you and all of those around you on the road. However, if you are convicted of a DUI and you had a minor in the car while you were driving, your penalties will be more severe. Each state is different when it comes to setting the age at which passengers must be, but for Utah specifically, anyone in the car under the age of 16 will cause law enforcement to handle the situation as an aggravated offense. Excessive blood alcohol concentrationFor you to be considered safe to drive, your blood alcohol concentration must be below .08. Anything at or over that level will earn you a DUI. However, if you have been drinking an exorbitant amount, and your BAC tests at .16 or higher, you will be charged with what is known as an enhanced penalty DUI. This basically means that your blood alcohol level was so high, it is considered to be an aggravated situation. Because you were so severely impaired while driving, your consequences will be much higher. Crashing your vehicle or injuring othersNaturally, driving under the influence is taken very seriously and measures are put in place to ensure you don’t repeat the same mistake. Yet if you are driving while drunk and you injure another person or cause serious property damage with your vehicle, your fines and license suspension will increase exponentially. Instead of being a danger only to yourself, you are now a danger to others, and you will be penalized as such. If the damage or harm is severe enough, you might even face jail time. Judicial ProceduresIn Utah, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts are required to order the installation and monitoring of an interlock device for any driver whose BAC levels are .05% or higher, even if a first offense. License Revocation, Fines and Jail• First Offense – Misdemeanor: minimum $700 fine plus surcharge, not less than 48 consecutive hours in jail OR 48 hours compensatory service work program OR electronically monitored house arrest, 120 days license suspension, drug and/or alcohol assessment and screening and possible education or treatment as required, and will become alcohol restricted driver for 2 years (driving with any measurable amount of alcohol in the system will be an offense). Possible ignition interlock restriction required as a condition of probation for a time period determined by the courts (3 years if under 21 years old). Reasons for Suspension or RevocationToo many traffic violations, an alcohol offense, and certain criminal convictions are just some of the reasons that your license may be suspended or revoked in Utah. Utah operates a points-based system for determining when your driver’s license should be suspended. Points are assessed against your license for each traffic violation, and your license may be suspended when you accrue a certain number of points. DUI LawyerWhen you need a local DUI attorney, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Utah DUI Attorney Salt Lake first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
Determining If A Title 2 Firearm Is On The NFA Registry Non-Compete Employment Agreement Attorneys In Salt Lake City Utah How Much Can I Make And Still File Chapter 7? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-dui-attorney-salt-lake/
0 Comments
Things you need to know – “A lot of things are out of your control — and that’s okay.” Attorneys understand how important the adoption process is to those who have been waiting so long to become a family. Therefore, they also understand how frustrating it can be when it seems like there are so many parts of the adoption process that are out of your hands, like your wait time, legal scheduling, birth parent relationships and more. Accepting this lack of control early on will make the adoption process easier on all involved and allow your adoption attorney to focus on what they can do to move the process along. You should know that – “You are putting yourself in the birth parent(s)’ emotionally-charged situation.” As much planning and preparation you do as prospective adoptive parents, there is always a risk involved when you’re working with prospective birth parents in such an emotionally-charged process. Many times, potential birth parents are dealing with other unstable aspects in their lives, and adding adoption into the mix can make everything more complicated. When you recognize the instability that many expectant parents are facing, you can better understand why some things in the adoption process go the way they do. Adoption is obviously a complicated process with many steps, and it can take time to complete your adoption. Expect a wait time when it comes to finding an adoption opportunity, receiving ICPC clearance, meeting minimum residency requirements for the child before an adoption finalization, etc. Patience can be hard but can also be the most helpful thing for a positive adoption experience. “Even the most secure adoption has some degree of legal risk.” If you need a birth certificate quickly for things like a passport, please let your attorney know as soon as possible. Otherwise, a birth certificate can take a good deal of time to make its way to you. When you are in a court in front of the judge during your adoption finalization, you and your guests still need to dress appropriately. This means no shorts, no flip-flops, etc. While an adoption finalization can be a quick event that you already know meets all the requirements for approval, it’s still important to dress in an appropriate manner. If you have questions about your appearance during an adoption finalization, talk to your attorney or your adoption professional. Utah Adoption ProcessAdoption establishes a parent-child relationship between individuals who are not naturally related. In many cases, the process requires a natural parent to relinquish his or her right to the child being adopted, which is why legal adoption requires a court proceeding and adherence to strict procedures. Adoption attorneys ensure that several parties receive notification of your intent to adopt, including the child’s natural parents, any current guardian or custodian and any other person standing in loco parentis — serving a role similar to a parent in place of a parent. In many cases, including the adoption of a minor stepchild, the noncustodial parent must consent to the adoption. If the noncustodial parent refuses to consent, a trial may be necessary. If a trial occurs, adoption attorney must establish grounds for the termination of the noncustodial parent’s rights. Grounds for termination of parental rights • Abandonment What Are The Responsibilities And Duties Of An Adoption Attorney?The role of an adoption attorney includes filing the appropriate paperwork to begin, continue, and finish the placement process. Another duty or responsibility of an adoption attorney is to appear with you during adoption proceedings. Your adoption attorney should also help you with completely understanding your state’s specific adoption laws. This is something you’ll want to look for when you begin your adoption attorney search– someone who knows the applicable regulations and laws and how they will apply and affect you. What are adoption attorneys’ fees?Attorney adoption fees vary by state, experience, and time frame. It all really depends on which adoption attorney you choose. It can range from a few hundred dollars to a few thousand. There isn’t one set rate, so it is important to consider multiple adoption attorneys before you settle on one. Remember that you don’t have to work with the first adoption attorney you come across. Explore your options so that you can be confident and comfortable in your final decision. How do you find an adoption attorney?There are many methods available for finding an adoption attorney that is best for your specific situation. You should of course call Ascent Law LLC who has adoption attorneys who regularly appear in the Utah Courts doing adoptions on a regular basis. Indeed, we do adoptions all the time. We have rapid access to legal resources in other states and countries and to each other for ideas and strategies. We can be trusted to apply all of this to their clients during their family building journey. Adoption lawyers at Ascent Law understand how important the adoption process is to those who have been waiting so long to become a family. Therefore, they also understand how frustrating it can be when it seems like there are so many parts of the adoption process that are out of your hands, like your wait time, legal scheduling, birth parent relationships and more. Accepting this lack of control early on will make the adoption process easier on all involved and allow your adoption attorney to focus on what they can do to move the process along. As much planning and preparation you do as prospective adoptive parents, there is always a risk involved when you’re working with prospective birth parents in such an emotionally-charged process. Many times, potential birth parents are dealing with other unstable aspects in their lives, and adding adoption into the mix can make everything more complicated. When you recognize the instability that many expectant parents are facing, you can better understand why some things in the adoption process go the way they do. Adoption is obviously a complicated process with many steps, and it can take time to complete your adoption. Expect a wait time when it comes to finding an adoption opportunity, receiving ICPC clearance, meeting minimum residency requirements for the child before an adoption finalization, etc. Patience can be hard but can also be the most helpful thing for a positive adoption experience. Your adoption agency and adoption attorney are there to help you through all possible complications of your adoption journey, but they can’t do that properly without all of the information they need. Make sure your agency and attorney are aware of any life changes, like a change of address or family composition, as soon as possible. Tell your agency or attorney if the birth parents tell you something that you think could even have a chance of being important. Always tell your agency or attorney everything, even your dark or embarrassing secrets. The more they know the more secure and stable they can try to make your adoption plan. Your attorney doesn’t like surprises. Unfortunately, no adoption can be completely free of legal risk. Birth parent situations and adoption laws can be complicated, so your attorney can not assure you that a certain adoption opportunity is 100 percent legally safe. Your adoption professionals will do everything they can to reduce this legal risk to be as miniscule as possible. Your adoption finalization requires certain steps to be met. If you’re not updating those requirements as needed, you could delay your adoption’s finalization. This is one of the most important steps to making sure an adoption is completed as quickly as possible. For adoptive families, it can be frustrating to have a baby placed with them but be unable to return home to their normal life. Attorneys and adoption agencies understand how frustrating this can be, and they do all they can to expedite this process. Trust that your attorney is doing everything they can to complete the ICPC process as quickly as possible. If you need a birth certificate quickly for things like a passport, please let your attorney know as soon as possible. Otherwise, a birth certificate can take a good deal of time to make its way to you. When you are in a court in front of the judge during your adoption finalization, you and your guests still need to dress appropriately. This means no shorts, no flip-flops, etc. While an adoption finalization can be a quick event that you already know meets all the requirements for approval, it’s still important to dress in an appropriate manner. If you have questions about your appearance during an adoption finalization, talk to your attorney or your adoption professional. Adoption LawyerWhen you need legal help from adoption attorneys in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Utah Adoptions Attorney first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
Assumption Of Environmental Liability Through Foreclosure Determining If A Title 2 Firearm Is On The NFA Registry What Is The Difference Between Chapter 13 and Chapter 7? Non-Compete Employment Agreement Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-adoptions-attorney/ A non-compete agreement is a contract between an employee and an employer in which the employee agrees not to enter into competition with the employer during or after employment. These legal contracts prevent employees from entering into markets or professions considered to be in direct competition with the employer. A non-compete agreement is a contract that prohibits an employee from working for or becoming a competitor for a certain period of time. Non-compete agreements are enforced when a relationship between an employer and employee ends and the employer wishes to prevent the employee from competing against them in their next position, whether working for a competitor in the same market or starting up another business in the same field (and recruiting the company’s workers to leave with them). Consultants and independent contractors who terminate their relationships with companies often are subject to non-compete clauses to avoid competition after the separation. Employers also may seek non-compete agreements to protect themselves against former employees revealing secrets or sensitive information about operations, clients, customers, formulas, pricing, strategy, salary, methods and practices, ideas, future products, or public relations and marketing plans. How a Non-compete Agreement WorksNon-compete agreements overall should be both fair and equitable for all parties. They require certain information in order to be considered enforceable: A non-compete agreement is typically in effect for a certain period of time after employment ends. Non-compete agreements usually are considered legally binding as long as they have reasonable limitations, such as clear, realistic regions where employees may or may not work, or an exact amount of time that must pass before an employee may commence work in the field again. However, the validity of non-compete agreements varies by state. An example of a non-compete agreement might involve a company that is one of only two or three such companies in a market that offers a specific product or service. The company may ask salespeople to sign a non-compete agreement because they don’t want those salespeople going to a direct competitor and trying to take their client list with them. Another example might include a software company that doesn’t want its developers going to a competitor where they can share detailed knowledge about products being developed. Utah Non-Compete Lawyer• Protects a company’s trade secrets: Non-compete agreements can prevent employees from taking sensitive information to a competitor. Many Industries Use Non-Compete AgreementsNon-compete agreements are common in the media. A television station may have legitimate concerns that a popular meteorologist may siphon viewers away if they began working for a rival station in the same area. In most jurisdictions, this would be considered a reasonable cause to sign a non-compete agreement. Legality of Non-compete AgreementsNon-compete agreements are not legal in every state. Not only are non-competes unenforceable in the state, but it’s illegal for an employer to even ask employees to sign one. An employer that asks employees to sign non-compete agreements that can’t be enforced may really be trying to trick those employees into thinking that they can’t go work for a competitor. This gives the employer an edge over other employers that are obeying the law. Most states allow non-compete agreements. Even in these states, however, a non-compete agreement is only enforceable if it is reasonable. If an agreement is so restrictive that an employee can’t make a living, a court might not enforce it. Generally, courts look at several factors when deciding whether to enforce a non-compete: • What geographical area does the contract cover? A contract is more likely to be enforced if it is limited to competitors in the immediate area, rather than applying statewide or even nationwide. Should You Sign a Non-Compete?Unless you work in a state that prohibits non-compete agreements, your employer can require you to sign one as a condition of employment. In other words, if you want the job, you will have to sign the non-compete agreement. However, that doesn’t mean you should sign whatever is put in front of you. If you’re asked to sign a non-compete that seems unreasonable, based on the factors discussed above, you can try to negotiate something less restrictive. And, if you have real concerns about your ability to earn a living after leaving your employer, you might want to show the non-compete agreement to a lawyer and find out whether it will be enforced in your state. A lawyer can also help you try to negotiate a less burdensome agreement. In the modern corporate environment, many companies utilize non-compete agreements, which prevent employees from entering into competition with their former employer after their employment is terminated. While these agreements are fairly commonplace, many non-competes are not valid or enforceable, due to overly strict burdens inflicted upon the former employee. In instances where non-compete agreements are found to be valid and enforceable, you as a former employee could be subject to a number of legal actions, ranging from a simple injunction to severe monetary penalties. Legal Ramifications of Violating a Non-Compete AgreementGenerally, if you violate a valid and enforceable non-compete agreement, it is likely that your employer will file a lawsuit against you. This lawsuit could seek compensation for money damages and actual losses suffered by your employer, could simply seek to enforce the non-compete agreement by filing an injunction against you (a court order directing you to honor the non-compete agreement), or could seek both money damages and an injunction simultaneously. In very rare cases, the court may prevent you from working for a competitor for the duration specified in the non-compete. Non-competes can be difficult to navigate and it can be difficult to tell whether an agreement is actually enforceable or not. Because the damages for violating a non-compete agreement could potentially be very severe, it is highly advised that you seek professional legal counsel if you suspect you may be in violation of one. In some industries, it’s common for employers to request that their employees sign a non-compete contract. Essentially, a non-compete contract is a legal agreement that prevents an employee from working for his or her employer’s competitors after leaving the business. While it’s true that an employer cannot force you to sign one of these agreements, he or she may be able to fire you for not signing or may decide not to hire you if you are a new employee. In most cases, courts will not uphold non-compete agreements because many are not legally enforceable. In a dispute involving a non-compete contract, the court will usually try to determine if the terms of the contract are reasonable. If your employer presents you with a non-compete agreement and you decide to sign the contract, you are promising not to compete against your employer once your employment ends. In addition to preventing you from signing an employment contract with a competitor of your former employer, non-compete clauses can prevent you from: Defeating a Non-Compete ContractIn some cases, it may be possible for you to defeat a non-compete contract. For instance, if you are able to prove that accepting your new job doesn’t actually violate the terms of the agreement, you should be able to accept your new position and your former employer won’t be able to stop you. Make sure to carefully read the terms of your non-compete contract so that you understand its limits. The terms of the agreement may be more flexible than you think. Another way to defeat a non-compete contract is to show that your employer has behaved illegally or unethically towards their clients. In general, an employer will not want these matters raised in a court case, so they may void your non-compete agreement if you have proof of these behaviors. Showing that the agreement is not related to a legitimate business interest is the most effective way of getting out of a non-compete contract. The goal of any non-compete agreement is to protect trade secrets. If you can show that your former role did not require you to access trade secrets, you should be able to accept employment with any company that you wish. Business Non-Compete LawyersWhen you need legal help from a business attorney on an issue of non-compete agreements, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Non-Compete Employment Agreement first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
Best Property Division Divorce Attorney Assumption Of Environmental Liability Through Foreclosure Cannabis Law Policy And Expungement Can You File A Hardship On A Garnishment? Determining If A Title 2 Firearm Is On The NFA Registry Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/non-compete-employment-agreement/ What are Title 2 Firearms – Title II weapons, or NFA firearms, are designations of certain weapons under the United States National Firearms Act (NFA). A MAC-10 with a silencer. The silencer is treated as a Title II weapon or NFA firearm itself; the firearm to which the silencer is attached maintains its separate legal status as Title I or Title II. If a silencer is integral to a Title II weapon, such as an SBR, the entire weapon only counts as a single Title II item. Title 2 Firearms are legal in almost every state. Most all 6 categories above are allowed in just about all states within the Continental United States. A few states restrict machinegun ownership, others may restrict short barreled shotguns (SBSs) or suppressors, etc… The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), which enforces federal firearms law, refers to such weapons as “NFA firearms”. NFA firearms include machine guns, short-barreled rifles and shotguns, heavy weapons, explosive ordnance, silencers and “any other weapon” (AOW), such as disguised or improvised firearms. Explosive devices such as bombs or grenades are regulated as NFA firearms (destructive devices). National Firearms ActThe NFA was originally enacted in 1934. Similar to the current NFA, the original Act imposed a tax on the making and transfer of firearms defined by the Act, as well as a special (occupational) tax on persons and entities engaged in the business of importing, manufacturing, and dealing in NFA firearms. The law also required the registration of all NFA firearms with the Secretary of the Treasury. Firearms subject to the 1934 Act included shotguns and rifles having barrels less than 18 inches in length, certain firearms described as “any other weapons,” machineguns, and firearm mufflers and silencers. Machine Gun LawA machine gun, as defined in the NFA, is “Any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manual reloading, by a single function of the trigger.” The NFA term machine gun refers to all firearms capable of full automatic fire and includes true machine guns, submachine guns, and machine pistols. The frame or receiver of a machine gun, and any combination of parts intended to make a machine gun, is legally defined as a machine gun. For example, according to the ATF, “A Glock conversion switch is a part designed and intended for use in converting a semi-automatic Glock pistol into a machine gun; therefore, it is a “machine gun” as defined in 26 U.S.C. 5845(b).” Open-bolt firearms made after 1982 are considered machine guns due to ease of conversion. Parts that can be used to convert a semi-automatic firearm to fully automatic capability are regulated as machine guns and must be registered and tax paid under the NFA. The U.S. military issued kits T17 and T18 to convert the M1 carbine to an M2, capable of fully automatic fire; these kits are legally “machine guns”. Short-barreled shotgun lawA short-barreled shotgun (SBS) is defined as: Destructive device lawThere are two categories of destructive devices (DDs): Fireworks are non-weapon explosive ordnance.Flare launchers are normally exempt as they are signaling devices, not weapons; however, possession of a flare launcher and anti-personnel ammunition for it puts it in the DD category as it is then considered to be a weapon. Silencer LawThe legal term silencer, also known as a “suppressor”, is defined as “any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts … intended for use in assembling or fabricating a firearm silencer.” Any other weapon“Any other weapon” is a “catch-all” category. An AOW as defined as “any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive,” other than a handgun with a rifled barrel”. This umbrella definition includes many improvised firearms (“zip guns”) and disguised firearms. Examples include wallet guns, cane guns, knife guns and pen guns. AOW is a complex and often misunderstood category of NFA firearms. Less obvious examples of AOW devices include: Short-barreled shotguns manufactured without a shoulder stock (less than 26″ overall length) They are smooth-bore handguns which fire shot shells, not shotguns, which must be designed to be fired from the shoulder. Pistols with a second vertical grip lawMany pistols feature a rail below the barrel, commonly used to mount a laser or flashlight. Attaching a vertical grip to this rail constitutes the manufacturing of an AOW firearm, as it is “no longer designed to be held and fired by the use of a single hand.” It is therefore illegal to place an aftermarket vertical fore grip on any pistol without first registering it as an AOW. Failure to do so is a felony punishable by up to 10 years in prison. However, if the receiver was originally manufactured to accept either a long or short barrel and a removal buttstock and fore grip and it can be assembled either as a rifle or a pistol, according to ATF rule 2011-4 it is not considered an NFA weapon as long as it is only assembled as a pistol without a buttstock or as a rifle with a barrel at least 16 inches long. A vertical foregrip MAY be added to a pistol as long as the Overall Length (OAL) is greater than 26″, regardless of barrel length, and providing the weapon remains unconcealed. An AR-15 pistol with an overall length of 26″ or longer may have a vertical fore grip installed, as long as no buttstock is installed in conjunction with a shorter than 16″ barrel. The Sig Sauer Pistol Braces (SBS and SBX) are commonly found on these AR-15 style pistols with vertical fore grips since they are not considered buttstocks. The ATF does not consider a weapon in this configuration to be an AOW, but instead classifies it as a ‘Firearm’ which does not require any tax stamp or additional registration. However, placement of a pistol grip on these weapons does cause them to be considered an AOW (as a pistol with a vertical fore grip not intended to be fired only with one hand.) Firearms having combination rifle and shotgun barrels, more than 12 inches but less than 18 inches long from which only a single discharge can be made from either barrel without manual reloading these are designed to be fired from the shoulder. Utah law on Spud GunsThese may potentially be classified as AOWs because they have a large bore and an unrifled barrel. One of the frequently asked questions on the BATF website FAQs is: “How do I obtain a classification from ATF for my “potato gun?” It is not known at present if the BATF has actually classified any potato gun as an AOW. Such a classification would require the manufacturer to either pay the $200 manufacturing tax, surrender the weapon to the BATF, or destroy it. Restrictions on Utah firearmsThe ownership of Title II weapons is not illegal, but is heavily regulated at both the State and Federal level. Numerous federal restrictions are imposed on the ownership of NFA firearms, including an extensive background check initiated by the applicant’s local police department or Sheriff’s office. In most states, certification of the local background check is discretionary (“May-Certify”), meaning the law enforcement agency charged with initiating the background check may deny certification of the background check either arbitrarily or for reasons unrelated to the information obtained from the background check, or refuse to accept applications to start the background check process. Some states have passed “Shall-Certify” legislation requiring local law enforcement agencies to process and certify applications for those who pass the initial background check. A few states completely outlaw private citizens from obtaining NFA Title II weapons (“No-Certify”). Of NFA firearms (silencers, machine guns, short barrel rifles, short barrel shotguns, any other weapon (AOW) and destructive devices) machineguns are the most restricted. Since 19 May 1986, no new machineguns can be registered for private ownership. Transferring ownership of an NFA weapon – All NFA weapons regardless of category (machineguns, silencers, etc.) are controlled during their transfership from one person/entity to another. These weapons transfer to another entity on what is called ATF tax forms. Each ownership transfer MUST be approved by the ATF before the transfer takes place. This approval takes sometimes many months. Generally individual transfership is approved in 3-4 months, dealer to dealer in 3-4 weeks. When the ATF approves the transfer, they cancel a tax stamp and this is why you sometimes hear some say class 3 stamps. Transfers from/to individuals require a onetime $200 tax stamp to be paid for EACH transfer (AOWs require just a $5 stamp). These are considered tax paid transfers and usually are on ATF form 4s. Dealers can transfer to other dealers using a tax free Form 3. If a person buys a NFA item from someone outside his/her domicile (home) state, the weapon must be transferred 1st to a SOT holder within the buyer’s state. Similar to a Title 1 firearm transaction. It must go to a FFL/SOT dealer in the buyer’s state before going to the buyer. State laws on NFA firearmsA few states, such as New York, Delaware and California, prohibit ownership of all or certain types of Title II weapons and devices. Most states allow legal ownership if the owner has complied with the federal registration and taxation requirements. A few states only allow possession of NFA firearms on the ATF Curios and Relics List, again only if the owner has complied with all federal requirements. Gun Trust LawyerWhen you need a gun lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Determining If A Title 2 Firearm Is On The NFA Registry first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
Does Filing Bankruptcy Clear All Debt? Best Property Division Divorce Attorney Assumption Of Environmental Liability Trhough Foreclosure Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/determining-if-a-title-2-firearm-is-on-the-nfa-registry/ Financial institutions that foreclose on commercial properties may find themselves liable should a site require an environmental cleanup, a problem made worse by the financial crisis. Experts say smaller financial institutions; including mid-market firms, often lack the deep pockets of their larger counterparts should such a liability arise. Under the U.S. Comprehensive Environmental Response, Compensation and Liability Act, better known as the Superfund law, owners or operators of properties containing hazardous materials are required to dispose of them or provide for their treatment. The 1996 Asset, Conservation, Lender Liability and Deposit Insurance Protection Act amended CERCLA, providing a secured creditor exemption eliminating owner/operator liability for lenders provided they do not “participate in the management of the facility.” “As long as banks avoid participating in the management of the foreclosed property, they are pretty well protected from liability.” While the 1996 amendment grants some protection for lenders, “there is still confusion on how to navigate this exemption and what is considered participating in the management of the on-site operations as well as other liabilities or costs a lender may face.” Lenders can minimize their risks associated with contaminated properties by exercising caution in conducting their due diligence, drafting loan documents, and managing properties serving as loan collateral. The federal Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) imposes broad liability on owners and operators of a facility at which hazardous substances were disposed of, persons who transported hazardous waste to the facility, or persons who generated the hazardous waste. CERCLA is a strict liability statute, which means that parties can be held responsible for the cleanup regardless of fault. A lender who holds a security interest in property generally is exempt from liability for environmental contamination on the property as long as it does not participate in the management of the facility and does not add to or make the contamination worse. A “security interest” includes having a right under a mortgage, deed of trust, assignment, judgment lien, security agreement, factoring agreement, lease, or any other right to secure the repayment of money. Minimizing Financial Risks for Environmental ContaminationLenders face several types of risks involving loans secured by contaminated property. First, the costs of remediating contaminated property and complying with environmental laws may impact a borrower’s ability to repay its loan, as well as the value of the collateral for the loan. Second, environmental contamination may impact a lender’s decision to foreclose on property if it will be difficult to resell because of actual or perceived contamination. Third, lenders who do foreclose on contaminated property to protect their security interest must be careful not to accidentally become an “operator” of the property and assume liability for the contamination. Lenders can take several steps to avoid inadvertently assuming risks associated with environmental contamination: • Conduct Appropriate Environmental Due Diligence: An environmental due diligence review in the form of a Phase I and/or Phase II environmental site assessment can identify environmental risks associated with the property and help the lender evaluate the degree of any risk. The type and scope of the environmental site assessment will depend on the past, present, and future uses of the property and nature of the surrounding area. The inquiry is not necessarily whether the property has any recognized environmental conditions, but whether any such conditions could affect the intended use of the property, the borrower’s ability to repay the loan, or the lender’s ability to transfer the property if the lender acquires the property through foreclosure. A lender can rely on an environmental site assessment conducted by the borrower, but should be satisfied that it is sufficient for the lender’s purposes and should perform its own assessment if necessary. CERCLA Environmental Lender LiabilityLenders can maintain CERCLA exemption by following ownership / liability tests. The EPA Lender Liability Rule does not encourage controlling borrowers but rather it supports proper loan management. It may appear the EPA holds financial institutions responsible for the failings of others because lenders have attempted to be responsible in their dealings with developers on environmental issues. However, we must keep in mind that the EPA is responsible for defining and identifying responsible owners and operators in order to assign responsibility for environmental failures, which can have long-lasting and far-ranging effects. Indeed, the EPA has, on occasion, ruled that lenders have been too involved in the daily operation of a company and, therefore, have been given the responsibility for clean up. Ongoing daily involvement, even if initiated more recently than the violations, confers responsibility because it also suggests some knowledge or awareness of the failures. Lenders that have failed to conduct due diligence or which were not thorough in protecting their security interests have inherited huge environmental liabilities under CERCLA. There are, however, important and appropriate lender activities as an owner or operators which are shielded from CERCLA (1980) liability under the secured creditor exemption. The Lender’s Exemption provides that the term “owner” or “operator” specifically does not include a person, who “without participating in the management of a facility, holds indicia of ownership primarily to protect his security interest in the facility.” The stated purpose of the EPA Lender Liability Exemption is to define and specify the range of permissible activities a lender may conduct without exceeding the bounds of exemption. The EPA has defined three key and identifiable elements of activities which lenders may conduct without being deemed to have exceeded the bounds of CERCLA exemption. Those elements are: “indicia of ownership”; the requirement that ownership be held “primarily to protect security interest”; and, the prohibition of secured creditors from participating in the management of a facility. The key elements, all of which must be in place for the lender to avoid liability, are expanded for clarification: “Indicia of ownership” is defined by the EPA rule as “evidence of interests in real or personal property.” Qualifying indicia of ownership include a mortgage, deed of trust, legal or equitable title obtained through foreclosure, a guarantee of an obligation, an assignment, lien, pledge, or other right or form of encumbrance against the property. To avail itself of the exemption, a lender must prove it holds the indicia of ownership principally for the purpose of securing payment, or performance of a loan or other obligation. Lender Loan Management ProgramsThere are several tools and a number of procedures for the various phases of loan management which comprise an effective Lender Loan Management Program. At the inception of the loan transaction, a Transaction Screen Questionnaire (defined by the ASTM in protocol E1528-93) is used to determine if a Phase I Environmental Site Assessment will be necessary. It is rare that some form of in-depth evaluation is not required on commercial property. Furthermore, it is inaccurate and can be risky to view the Transaction Screen as a shortcut or substitute for a Phase 1 environmental site assessment because, performed according to ASTM protocol, there are many points where the screen leads directly to a full Phase 1 environmental site assessment. The technical term for that time when a facility undergoes a detailed audit in which all phases of environmental compliance are investigated is “multimedia environmental compliance audit.” Put simply, it means the auditor’s investigation will include all areas for which the potential of contamination exists: soil, air, and occasionally, employee safety and health. The Tenant Environmental Compliance Audit examines not only the paper trail, but chronicles the actual daily practices to minute detail. It is a comprehensive audit process which is important in that it detects noncompliance with numerous and varied regulations, many of which impose heavy fines and cleanup requirements. Is there a current Phase I Environmental Site Assessment (“Phase I”) of the property?One of the reasons most purchasers require a current Phase I is that they want to qualify for the statutory defenses to CERCLA liability that require a Phase I. While lenders ordinarily are protected from liability by the secured creditor exemption, which does not require a Phase I, it is still a good idea to evaluate the current environmental situation at the property. If there are buildings present on the property, do they contain asbestos-containing materials (ACMs)?If ACMs are present and people are using the building, the lender may need to ensure that any ACMs (often found in, by way of example, insulation and floor tiles) are maintained in good condition. Ordinarily, this is done through an operations and maintenance (O&M) plan. If the lender has no information whatsoever regarding ACMs in the building, but the structure was built before 1980, the lender should consider undertaking a limited ACM survey to determine whether ACMs are present. Lead-based paint (LBP) may raise similar issues. Is there unfinished construction on the property?Storm water runoff that violates the CWA can give rise to significant civil and, in certain cases, criminal liability. If the answer to this question is “yes”, the lender will need to assess the situation very carefully. To the extent possible, the lender should refrain from foreclosing on a property where storm water “best management practices” (BMPs) are not in place. Depending upon the circumstances, it may even be appropriate to contact government regulators pre-foreclosure to discuss the situation. Are there wetlands on the property?Wetlands are protected under the CWA. Where the property owner has defaulted on it’s financing, there is a heightened risk that the owner may not be taking the necessary steps to protect wetlands on the property. If there are wetlands and unfinished construction on the property, this issue is particularly important. This same issue exists if there are endangered or threatened species or critical habitat on the property. Is there pending or threatened environmental litigation related to the property?Depending upon the nature of such litigation, foreclosure could result in the lender being added as a defendant. In a worst case scenario, foreclosure could even make the lender the primary defendant. Is hazardous waste generated or stored at the facility?If so, the lender may be responsible for dealing with the disposal of such waste post-foreclosure. Improper disposal of hazardous waste can result in environmental liability. However, even proper disposal of hazardous waste can be costly and should be taken into account by the lender. Is the lender aware of any reportable environmental issues?Depending upon the circumstances, a property owner may be required to report certain issues (such as releases) to governmental authorities. Ordinarily, a lender does not have those obligations. However, a lender should be aware that foreclosure on the property arguably could trigger those obligations. Utah Environmental Law LawyerWhen you need legal help with environmental law and foreclosure law in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Assumption of Environmental Liability Through Foreclosure first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
Bankruptcy Attorneys Draper Utah Should I Get Divorced If My Spouse Wants To Swing? Best Property Division Divorce Attorney Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/assumption-of-environmental-liability-through-foreclosure/ Property division is an important part of any divorce process, whether you and your spouse have come to an amicable agreement or if you are litigating your case in court. What Goes Into The Property Division Process?Some aspects of the marriage that are taken into consideration when dividing property include: Familiarize Yourself With Your Finances Before You SplitNormally, one person in a household manages the finances. However, this arrangement can create a “power imbalance when it comes time to negotiate settlements.” Consider Mediating Your DivorceIt’s no secret that divorce can be expensive. In fact, the average cost of legal fees in a divorce is $15,000. One way to cut down on these expenses is to use a mediator. A mediator doesn’t work on behalf of any one party, just facilitates agreements. If you want to keep your divorce details behind closed doors while cutting costs, a mediator might be the best bet for both you and your bank account. When you call Ascent Law, we will help you work with mediation to save costs on your divorce. Don’t Forget About Beneficiary DesignationsDivorce attorneys note that many clients fail to remove former spouses from their beneficiary designations. If you fail to remove these designations, “those amounts may end up being paid out to a former spouse.” “Usually that’s not the result you want.” For best results, handle beneficiary designations and other tedious paperwork as soon as possible. Consider Your Income Before Asking for All the Deductible Items“If you file single and make more than $380,750, your personal exemption of $4,000 is not available.” In light of this fact, individuals might not want all the items they originally requested in a divorce. For best results, speak to a financial professional about your specific fiscal situation and options. Be Mindful of the Date When Initiating DivorceWhile you might be tempted to file as soon as possible, it’s important to note that property division is based on the date of marriage separation in some states. Typically, the court uses a formal date of separation (DOS) to determine property division and the value of certain assets. “If you are expecting a large increase in the value of a major asset upon a certain occasion, be mindful of that when you decide to initiate the divorce.” Design a Joint Parenting Arrangement WiselyUnlike claiming a child as a tax dependent, claiming head of household is not assignable. If you’re negotiating who will claim a child as a dependent, “You can include a provision that the right to claim the child is dependent on the parent being up to date on their support obligation.” Plan Finances for After the DivorceClients often neglect to consider how their financial planning can change after a divorce. “Your risk aversion may be very different than your former spouse [‘s] and you do not need to keep the same investment trajectory you had before the divorce.” If you don’t know where to begin, you might want to hire a financial advisor. Remember to think long term when planning finances after divorce. The Division of Property Can Be ComplexDividing assets and properties isn’t always a simple numerical transaction. “Negotiating the division of property is an art form all its own,” After the asset is identified as community property, separate property or both, figuring out the value can be tricky. “For instance, a bank account with cash in it is pretty easy to value — look at the balance,” said Nelson. “But a retirement account, a house or securities can have more complex issues.” Retirement Accounts Are Not Worth the Statement BalanceJust as it can be difficult to value assets, couples often struggle to determine the true value of their retirement accounts. One reason that retirement accounts pose problems is that deferred tax will have to be paid at some point. “If one of the parties will be liquidating a retirement account early, then the highest marginal tax rate and the early withdrawal penalty might need to be subtracted from the value of the account,” said Nelson, who went on to explain that the value of these assets is often drastically reduced as a result. “Even if the account is not going to be liquidated, the taxes which will be paid on the money at the time of retirement can be considered and a reduction of the overall value of the asset might [be], and very often is, appropriate.” Division of Property’ Depends on Where You LiveWhen a divorcing couples heads to court for a property dispute, state law is used to divide the property using one of two classifications: community property or equitable distribution. With community property, both spouses own income and assets equally, and items can be divided evenly. Additionally, individuals can keep separate property. Some States Are Better for Getting a DivorceAccording to the government research site InsideGov, the five states with the easiest and most lenient divorce laws are Alaska, South Dakota, Wyoming, Iowa and Washington. The ease of filing, fees and processing times are all considered as part of the rankings. If time and cost are of the essence, you might want to consider where you live before filing divorce papers. Be Mindful of the Worst States for DivorceBased off InsideGov’s data, the most difficult states to get a divorce include Arkansas, New Jersey, Rhode Island, South Carolina and Vermont. Arkansas takes the longest amount of time at 540 days. If you live in one of these states, you and your spouse might want to consider relocating to expedite the divorce process. When in Doubt, Seek a Professional — Or It May Cost YouCapital and a financial analyst who has helped many individuals dealing with divorce, advises clients to seek professional help at all costs. “A simple mistake that drops your credit score 40 points can cost you thousands on your next mortgage.” “Making a mistake separating accounts, renaming beneficiaries or not setting up life insurance properly can cost you hundreds of thousands and impact you for years.” Make Sure You Actually Implement the DivorceDespite their eagerness to be divorced, many people actually fail to complete all the steps needed to make their divorces legal. For the best results, clients should make sure all their bases are covered and check up on spouses to ensure they have completed the necessary steps. “You don’t want to find out that your ex-spouse never refinanced the house five years ago like he was supposed to and [it’s] now in foreclosure.” “By the time you find out about it, your credit will be destroyed for years.” Compromise Could Help YouUnfortunately, divorcing spouses often refrain from compromising out of spite. While you might be tempted to fight every battle that comes your way, agreeing to compromises could save you a lot of headaches and money on legal fees when going through a divorce. As an added bonus, your decision to compromise could encourage your spouse to do the same. Factors Affecting Property DivisionIf you and your spouse cannot amicably divide assets and debts, the court will do it for you. In most cases, it is better that you come to an agreement on the fair and equitable distribution of property. While the court will come to a fair and equitable distribution, you may not get an asset that you want. Debts are considered in much the same way, but do have some additional parameters: Marital vs. Non-marital Property How Utah Courts Divide Property In DivorcesWhat makes equitable distribution in Utah so confusing and unpredictable is that judges in the state almost never rely on some fixed and definitive rules when it comes to dividing property in a divorce. Instead, judges in Utah enjoy discretion to take into account all factors and circumstances of each marriage before issuing a Judgement of Divorce. But in no way does it mean that judges in Utah have freedom to divide marital property however they see fit. Courts still consider a variety of factors in equitable distribution such as: Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Best Property Division Divorce Attorney first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
Bankruptcy Attorneys Draper Utah American Fork Utah Divorce Attorney Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/best-property-division-divorce-attorney/ Real estate can be a complicated business; there are so many details and wrinkles you have to smooth out before you can actually move into a new home. From hiring an agent, to finding that perfect dream home, not to mention the process of financing and making an offer to purchase, finally getting to the contract stage can be time-consuming and complex. But when you do make a formal offer to buy the home you want to buy, you will end up reading and filling out a lot of paperwork specifying the terms and conditions of your offer. Aside from obvious items like the address and purchase price of the property, here are some more nuanced items you should be sure to include in your real estate purchase contract. In legalese, these are called contingencies that are written in to your real estate contract. A residential real estate purchase agreement is a binding contract between a seller and buyer for the ownership transfer of real property. The agreement outlines the terms, such as the sales price and any contingencies leading up to the closing date. Duties of a Real Estate LawyerHowever, real estate transactions often represent the most expensive transaction that a person makes. Spending the extra funds to ensure that the job is done right is often a prudent choice. Real estate lawyers help in the following ways when you are purchasing or selling a home: • Reviewing Liens: A real estate lawyer often conducts a title search on a property to determine if there are any encumbrances against it or anything that is clouding the title. This search helps clarify whether the seller has the legal right to sell the property and whether there is anything that may block the sale. For example, the seller may be required to pay off a lien or judgment before selling the home. A real estate lawyer can also secure proof that the judgment or lien has been satisfied. • Recording: Property law is full of cases involving properties that were purchased but no deed was ever recorded, creating legal nightmares for buyers. A real estate lawyer can ensure that the deed is properly filed and recorded. If a deed is not properly recorded, the buyer may not be considered the legal owner. His or her income and estate taxes may be levied. Types of Real Estate ContractsThere are several types of real estate contracts, and it is important to know that contracts are necessary for real estate deals. A contract is a legally enforceable document between two or more people. The contract consists of an offer, acceptance, consideration, legal capacity, and legality of purpose. Real Estate Purchase Contract Or Purchase AgreementA purchase agreement is the most common type of real estate agreement. This contract specifies the details regarding the sale of property. It will include the address of the property, the price, names of both parties, signatures of both parties, and the closing date. Real Estate Assignment ContractA Real Estate Assignment Contract is used in a wholesale investment purchase. This could include distressed properties that are secured and then assigned to another buyer. There are certain terms added to this type of contract, as the term “assigns” is the common word used to differentiate it as an assignment contract. Real Estate Lease AgreementThis is a contract that binds an owner and a renter to the property. Therefore, the proper owner (referred to as a landlord) enters into an agreement with a tenant (the lessee) to reside in the home at a specified monthly rate. Additional items to be included in this agreement include payment of utilities and the security deposit. It’s important to ensure important items are mentioned in the lease agreement to prevent future legal disputes. Power of Attorney For Real EstateWhile a Power of Attorney is generally not used in a real estate contract, such documents could be used in situations if a party is unable to sign the contract, i.e. party is not physically in the country to sign, or has a mental disability. In this case, the party can hire another party to act as the power of attorney to sign on his or her behalf. This type of contract can also be beneficial if you are the property owner of several investment (rental) properties or if you are carrying for an older parent or family member who might not have the ability to sign the contract. Real Estate Lawyer Requirements: First of all, they help you protect yourself. When you’re signing contracts, you want to know just what you’re getting yourself into. Unless you have a legal background, you’ll likely need professional assistance from an attorney. Additionally, an attorney can be a great source of advice. They can help with negotiations, getting a better deal, and closing the property with ease. This is often much-needed peace of mind since they can provide more legal insight than your real estate agent. Real Estate Contract LawyerWhen you need legal help with a real estate contract (or REPC) in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Real Estate Agreement Lawyer first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
Bankruptcy Attorneys Draper Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/real-estate-agreement-lawyer/ Bankruptcy is a legal process in a specialized federal court to help individuals and businesses get rid of debt or repay debts under the protection of the bankruptcy court. All bankruptcy cases are filed in federal bankruptcy court in the area where you live or where your business is located. There are two main categories of bankruptcy: “liquidation” and “reorganization.” Liquidation bankruptcy (also called Chapter 7 bankruptcy) is usually used by individuals (and sometimes by businesses) whose expenses are greater than their income, and who cannot pay their debts. One of the main purposes of liquidation bankruptcy is to wipe out certain debt and give you a fresh start. In an individual liquidation bankruptcy, the court will discharge certain debts that you owe, which means that the debts do not have to be paid. In exchange for the discharge, though, your nonexempt property (if any) may be sold, and the money used to pay your creditors. Reorganization bankruptcy can be used only if you have sufficient income to pay most of your debts over a period of time. There are several types of reorganization bankruptcies, but Chapter 13 is the type most commonly used by individuals or consumers. In Chapter 13 bankruptcy, you keep all of your property, but you must make monthly payments over three to five years to repay all or some of your debts. Reorganization bankruptcy requires that you file a repayment plan that has to get approved by the bankruptcy court. Once you have filed bankruptcy, your creditors cannot go after your assets by garnishing your wages, repossessing your car, foreclosing on your house, or cutting off your utility services. This is called the “automatic stay.” At the end of the bankruptcy process, all of your debts are discharged or wiped out, except those debts that cannot be discharged in bankruptcy, such as child support, spousal support, student loans (except under extraordinary circumstances), and most tax debts. Bankruptcy LawBankruptcy laws focus on helping individuals solve and repay their debts after they have suffered heavy losses. In Utah, there were bankruptcy laws as early as 1800. However, the first voluntary bankruptcy laws were allowed through the Acts of 1841 and in 1867. These laws along with the Bankruptcy Act in 1898 also called the Nelson Act are what our modern debtor/creditor relation system are based on. It is common to hear that a person in a bad financial situation may “declare bankruptcy. Bankruptcy law is not always the first career path that law students think of, but it can be quite exciting and fulfilling. Where Do Bankruptcy Laws Come From?Federal bankruptcy laws, which govern nearly all bankruptcy proceedings, are statutory laws outlined in Title 11 of the United States Code. Because one code governs all bankruptcy proceedings in the country, this area of law tends to be very uniform and precise. In fact, many bankruptcy attorneys find this area of practice enjoyable for that very reason – often the answer they are searching for is outlined directly in the code itself. In particular, there are three common types of bankruptcy proceedings. Chapter 7 of the Code applies to individual petitions, while Chapter 11 proceedings are filed by businesses. Finally, Chapter 13 proceedings govern wage earners; petitions under this chapter ask the court for more time to allow a debtor to pay off his or her debts while earning a steady income. What Do Bankruptcy Lawyers Do?Bankruptcy lawyers may work on behalf of debtors (the individuals or businesses who owe the debt) or creditors (the individuals or entities to whom a debt is owed). In a bankruptcy proceeding, the ultimate goal is to benefit both the debtor and the creditors, by allowing creditors to become satisfied while still allowing debtors a fresh start financially. Bankruptcy lawyers on both sides of the equation work to facilitate this goal. On a typical day, a lawyer working on a bankruptcy case may draft motions and proceedings to be filed in court, as well as draft responses to motions and other filings. Bankruptcy lawyers engage in and review discovery documents, and hold meetings with clients and adversaries to discuss how best to move forward. Motions filed in bankruptcy cases will be set to be heard by the court, and lawyers will have to be prepared to argue them. However, junior attorneys in bankruptcy firms may not always get to court to argue these motions – that practice is often left up to the more experienced attorneys. Because of the variety of tasks performed by a bankruptcy lawyer, a variety of skills are needed as well. Bankruptcy lawyers must have a strong understanding of the Bankruptcy Code, as well as excellent legal research and writing skills. Lawyers in this field must be prepared to communicate with clients, as well as negotiate with adversaries in pending proceedings, so strong “people skills” are a must. Finally, litigation skills are a necessity, even though newer attorneys may not argue in court right off the bat. Bankruptcy lawyers should be ready to argue motions filed in court at any time; a full understanding of the filings involved, as well as well-practiced speaking skills, are a must in this field. How Can Law Students Prepare For A Career In Bankruptcy Law? Draper Utah Advantages and Disadvantages to BankruptcyDeclaring bankruptcy allows individuals or businesses that are unable to pay their debts to resolve their financial difficulties and start rebuilding their credit. Filing for bankruptcy has many advantages and disadvantages, depending on your situation. • Bankruptcy can be embarrassing. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Bankruptcy Attorneys Draper Utah first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
Salt Lake City Estate Planning Law Firm Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/bankruptcy-attorneys-draper-utah/ The area of family law is composed of the legal relationships between family members. These relationships can include those of parents, children, spouses, domestic partners, and guardians. Issues involving family law can include: marriage, divorce, child custody, child support, adoption, reproductive rights, paternity, and domestic violence. Family law encompasses the rules, regulations, and court procedures that involve the family unit. As such, it is not uncommon for cases that are heard in family court to be very personal and emotional. Family law attorneys help their clients file for divorce or separation, child custody and visitation, child support, and alimony. Experienced lawyers also assist their clients in establishing paternity, obtaining domestic violence restraining orders, property division, debt allocation, and parenting plans. Family law attorney is a person who deals with all the matters of families. No matter if it is a matter of marriage, divorce, child custody, property, ownership, etc. The Family-law attorney deals with all such matters. A Family-law attorney is out of the zone of the criminal justice system and works only under civil law. Whenever a person gets a problem in family matters, no matter how severe the condition is, a Family-law attorney is hired, not a criminal lawyer. A Family-law attorney has the massive responsibility of getting justice for his clients. Do You Need A Family-Law Attorney?The first step to finding out the best Family-law attorney during your research is to determine why you and whether you need a Family-law attorney or not. By identifying this, you will be able to know the specialized area of Family-law attorney for which you need services. One you will recognize this; you will be able to narrow down your Family-law attorney research only to those who deal with problems that you are facing. Decide the Right VenueThis is also an important step to keep in mind because every country and state has its laws under which it works. It is therefore important that the person who is filing the case chose the right venue of the claim. The venue must be the one in which both the member of the party is present. In another case, it will be difficult to follow the example if the laws have huge differences. Another benefit of doing this is that the Family-law attorney you will choose will know the court and the judges of that place. It will be easy for him to evaluate the situation and also will have an idea that how to handle the case before the authorities. Do Some Family Law ResearchQuick research about the Family-law attorney you are going to choose for your case will be of great help as it will provide you with all the background knowledge of the lawyer. You can search for the official website of the Family-law attorney and see how his work is going on and how active he is participating in different cases. Moreover, you can also go through social media account of your chosen Family-law attorney, as it is also helpful in understanding that person. Other than this, you can see the press releases about that person or meet someone of his organization to know well about him and his working attitude. This point is of great importance, so never neglect or miss it. Narrow Down Your ChoicesAfter all the above efforts gave, you will be now able to narrow down the search of your Family-law attorney. You might have 10 Family-law attorneys on your list in the start, but after the above evaluation, you might be left with only 2 or 3. Now, you can choose the best one out of these very easily. You may consider the minor factors for this. For instance, you can choose the Family-law attorney who is nearest to you, who is more understanding and comfortable for you. By looking into these small details, you are now able to get the best option out of the entire Family-law attorney in your surroundings. After doing this, you can even call your chosen Family-law attorney to get consultation on phone or either request to have a personal meeting in which you can get in-person consultation. You can ask them about simple preliminary questions about their career and ambitions. In this way, you can evaluate them on a personal level and get to know how seriously they will carry out your case and how determined they are for their profession. Call A Family Lawyer Near You TodayYou can call your selected Family-law attorney and ask for a meeting for which you will get an appointment. Some Family-law attorney charges for even early meetings, but if you are sure that you will select that Family-law attorney, then there is no harm in paying the fee. Some charge on the hour basis and some charge collectively for the whole day, so you can ask them about it and know about their charges so that you may go with preparation. During this phone call, you must ask your Family-law attorney that what things you need to take with you for the first appointment. Gather Your Documents for First MeetingIf your Family-law attorney does not tell you about the documents that you have to carry with you for the first meeting, then you can decide it on your own. You can find out about the essentials by searching online. Now, after finding out about the essential documents to be carried with you, take out copies of all of them. You may have to go to other Family-law attorney also, so make sure you keep more than one copy with you. Also, leave the original documents back home so that you may not lose them in any case. They must be kept safe and only taken outside when you need them at any cost. As much as it is important to make the list of things the Family-law attorney could ask you, you have also to make a list of questions that you need to ask your chosen Family-law attorney. These questions are both general and specific to the case for which you are going to hire that Family-law attorney. Make sure you ask questions and feel satisfied with the answers of the Family-law attorney because if you do not feel comfortable and hopeful about the future proceedings of the case after visiting your Family-law attorney, then you might not have a good chance to carry on with such Family-law attorney. You can ask the Family-law attorney about how much he will charge you, how much time he will give to the case, when he is expecting the case will be resolved, how tough it would be for him, etc. These questions might look very simple, but they are the way in which one can evaluate a Family-law attorney about his skills, professionalism, and ability to win the case for you. Top Family-law attorneyNow after you are done with all the essential work, that is, you have met your Family-law attorney and asked every question you wanted, the next step you have to take is to schedule out your future meetings with him. Now as you will be satisfied and comfortable with your Family-law attorney, you can make a flexible plan for your meetings because you know that you will be working with him for a long time so compromise will be made and a proper plan will be constructed. It is not easy, but you can make it off your Family-law attorney is determined enough. Also, you must be very strong in your plans so that the Family-law attorney may not get relaxed at any point. So, you have to enforce regular meetings with the Family-law attorney. Reasons You Need a Family Law AttorneyHere are a few reasons why choosing a qualified family law attorney is the right decision: The fees charged by a Family Lawyer can vary dramatically depending on how experienced the Lawyer is, the complexity of the case and whether they charge an hourly rate or a fixed fee. However, they should provide you with an estimation of the expected fees from the outset. There are many areas of Family Law that a Family Lawyer or Solicitor may specialize in, the main areas of focus being divorce, children matters and the cost of each matter can vary depending on the complexity of the individual case and the amount of work the Lawyer is ultimately instructed to complete. To assess the cost of an hourly rate case will require the client and the Lawyer to discuss the circumstances in detail and estimate how much work the matter will require. Once this has been established, the Lawyer should be able to provide an accurate estimate of fees, though this will still only be estimation. A fixed fee service is where the Lawyer provides a quote before any of the work starts, and this price is guaranteed not to change. Some clients prefer this as it means they know exactly where they stand right from the start. Regardless of whether a Family Lawyer is charging a fixed fee or an hourly rate, they should discuss the fees with their client right at the point of initial engagement In most Family Law matters, there are likely to be additional costs that will need to be paid alongside the legal fees. It’s important to understand what these costs are so that you can budget accordingly. Things a Family Lawyer Can Do For You• Handling Divorce Issues: Undergoing a divorce is probably one of the most draining experiences that a family can face. Emotions may set in and make it impossible for a couple to settle it calmly. In such a case, a family law attorney can act as a mediator, and assist them to approach the issue rationally and within the law. In other words, a competent family law attorney can assist couples in the process of divorcing to settle the matter fairly without necessarily going to court. Utah Family Law LawyersIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a family law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Family Attorneys Near Me first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
Is Filing Chapter 13 Worth It? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/family-attorneys-near-me/ A trust is a legal entity that holds title to and manages assets for an intended beneficiary. A Living trust is distinguishable from other trusts in that you, as the grantor, can make changes to the trust or revoke it entirely during your lifetime. You can also act as the initial trustee of your living trust. Living trusts are most often used to avoid the probate process that comes along with passing property through a will. Because assets are owned by the trust, and not by you, they pass by the terms of the trust upon your death, making probate unnecessary. Trusts are complicated documents and estate planning attorneys can help you navigate through the legal nuances. In order to pass through the trust and avoid probate, assets must be re-titled into the name of the trust. For instance, if you want to place your home in the trust, you must change the deed so that the trust is named as owner. Once the deed is changed, it should be recorded with the registrar of deeds, and is subject to the same fees as any real estate transaction. These fees vary by state. You can check with your local registrar of deeds for your state’s fees associated with a deed transfer. Whether or not you choose to hire an attorney to draft your living trust, you will be responsible for the expense of titling assets to the trust. A living trust is an estate planning document created during one’s lifetime. A revocable living trust goes into effect during one’s lifetime and provides a way to manage one’s assets during his/her lifetime and to dispose of assets after they pass away. There are many reasons a living trust is preferable to a last will and testament. For example, when you create a living trust, you can avoid the time and expense associated with probate. While the estate’s assets are in probate, they may be frozen – a living trust avoids this as well. Individuals also choose to make a living trust to minimize tax consequences and for privacy concerns. Types of Trusts In UtahA trust is a legal document that can be created during a person’s lifetime and survive the person’s death. A trust can also be created by a will and formed after death. Common types of trusts are outlined in this article. Once assets are put into the trust they belong to the trust itself (such as a bank account), not the trustee (person). They remain subject to the rules and instructions of the trust contract. In essence, a trust is a right to money or property, which is held in a “fiduciary” relationship by one person or bank for the benefit of another. The trustee is the one who holds title to the trust property, and the beneficiary is the person who receives the benefits of the trust. While there are a number of different types of trusts, the basic types are revocable and irrevocable. Revocable TrustsRevocable trusts are created during the lifetime of the trust-maker and can be altered, changed, modified or revoked entirely. Often called a living trust, these are trusts in which the trust-maker: Revocable trusts are extremely helpful in avoiding probate. If ownership of assets is transferred to a revocable trust during the lifetime of the trust-maker so that it is owned by the trust at the time of the trust-maker’s death, the assets will not be subject to probate. Although useful to avoid probate, a revocable trust is not an asset protection technique as assets transferred to the trust during the trust-maker’s lifetime will remain available to the trust-maker’s creditors. It does make it more somewhat more difficult for creditors to access these assets since the creditor must petition a court for an order to enable the creditor to get to the assets held in the trust. Typically, a revocable trust evolves into an irrevocable trust upon the death of the trust-maker. Irrevocable TrustAn irrevocable trust is one that cannot be altered, changed, modified or revoked after its creation. Once a property is transferred to an irrevocable trust, no one, including the trust maker, can take the property out of the trust. It is possible to purchase survivorship life insurance, the benefits of which can be held by an irrevocable trust. This type of survivorship life insurance can be used for estate tax planning purposes in large estates, however, survivorship life insurance held in an irrevocable trust can have serious negative consequences. Asset Protection TrustAn asset protection trust is a type of trust that is designed to protect a person’s assets from claims of future creditors. These types of trusts are often set up in countries outside of the United States, although the assets do not always need to be transferred to the foreign jurisdiction. The purpose of an asset protection trust is to insulate assets from creditor attack. These trusts are normally structured so that they are irrevocable for a term of years and so that the trust-maker is not a current beneficiary. An asset protection trust is normally structured so that the undistributed assets of the trust are returned to the trust-maker upon the termination of the trust provided there is no current risk of creditor attack, thus permitting the trust-maker to regain complete control over the formerly protected assets. Charitable TrustCharitable trusts are trusts which benefit a particular charity or the public in general. Typically charitable trusts are established as part of an estate plan to lower or avoid the imposition of estate and gift tax. A charitable remainder trust (CRT) funded during the grantor’s lifetime can be a financial planning tool, providing the trust-maker with valuable lifetime benefits. In addition to the financial benefits, there is the intangible benefit of rewarding the trust-maker’s altruism as charities usually immediately honor the donors who have named the charity as the beneficiary of a CRT. Constructive TrustA constructive trust is an implied trust. An implied trust is established by a court and is determined by certain facts and circumstances. The court may decide that, even though there was never a formal declaration of a trust, there was an intention on the part of the property owner that the property is used for a particular purpose or go to a particular person. While a person may take legal title to a property, equitable considerations sometimes require that the equitable title of such property really belongs to someone else. Special Needs TrustA special needs trust is one that is set up for a person who receives government benefits so as not to disqualify the beneficiary from such government benefits. This is completely legal and permitted under the Social Security rules provided that the disabled beneficiary cannot control the amount or the frequency of trust distributions and cannot revoke the trust. Ordinarily, when a person is receiving government benefits, an inheritance or receipt of a gift could reduce or eliminate the person’s eligibility for such benefits. By establishing a trust, which provides for luxuries or other benefits which otherwise could not be obtained by the beneficiary, the beneficiary can obtain the benefits from the trust without defeating his or her eligibility for government benefits. Usually, a special needs trust has a provision that terminates the trust in the event that it could be used to make the beneficiary ineligible for government benefits. Special needs have a specific legal definition and are defined as the requisites for maintaining the comfort and happiness of a disabled person when such requisites are not being provided by any public or private agency. Special needs can include medical and dental expenses, equipment, education, treatment, rehabilitation, eyeglasses, transportation (including vehicle purchase), maintenance, insurance (including payment of premiums of insurance on the life of the beneficiary), essential dietary needs, spending money, electronic and computer equipment, vacations, athletic contests, movies, trips, money with which to purchase gifts, payments for a companion, and other items to enhance self-esteem. The list is quite extensive. Parents of a disabled child can establish a special needs trust as part of their general estate plan and not worry that their child will be prevented from receiving benefits when they are not there to care for the child. Disabled persons who expect an inheritance or other large sum of money may establish a special needs trust themselves, provided that another person or entity is named as trustee. Spendthrift TrustA trust that is established for a beneficiary that does not allow the beneficiary to sell or pledge away interests in the trust is known as a spendthrift trust. It is protected from the beneficiaries’ creditors, until such time as the trust property is distributed out of the trust and given to the beneficiaries. Tax By-Pass TrustA tax by-pass trust is a type of trust that is created to allow one spouse to leave money to the other while limiting the amount of federal estate tax that would be payable on the death of the second spouse. While assets can pass to a spouse tax-free, when the surviving spouse dies, the remaining assets over and above the exempt limit would be taxable to the children of the couple, potentially at a rate of 55 percent. A tax by-pass trust avoids this situation and saves the children perhaps hundreds of thousands of dollars in federal taxes, depending upon the value of the estate. Totten TrustA Totten trust is one that is created during the lifetime of the grantor by depositing money into an account at a financial institution in his or her name as the trustee for another. This is a type of revocable trust in which the gift is not completed until the grantor’s death or an unequivocal act reflecting the gift during the grantor’s lifetime. An individual or an entity can be named as the beneficiary. Upon death, Totten trust assets avoid probate. A Totten trust is used primarily with accounts and securities in financial institutions such as savings accounts, bank accounts, and certificates of deposit. A Totten trust cannot be used with real property. It provides a safer method to pass assets on to family than using joint ownership. To create a Totten trust, the title on the account should include identifying language, such as “In Trust For,” “Payable on Death To,” “As Trustee For,” or the identifying initials for each, “IFF,” “POD,” “ATF.” If this language is not included, the beneficiary may not be identifiable. A Totten trust has been called a “poor man’s” trust because a written trust document is typically not involved and it often costs the trust maker nothing to establish How to Set Up a Trust• Creating the Trust Agreement: The grantor creates a trust agreement, which is a legal document that designates the grantor, the trustee, and the beneficiaries, and outlines how the trust assets are to be managed and distributed. Part of this step is deciding who you want to name as beneficiaries, how you want the trust income and assets distributed to them, and who you want to name as trustee (or trustees). Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Irrevocable Trust first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
Business And Corporate Agreement Lawyer Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/irrevocable-trust/ |
Probate LawyerProbate Lawyer in West Jordan Utah. If you need probate lawyer, trust attorney, inheritance counsel, living trust, last will and testament, call 801-676-5506 now for a free consultation. Archives
April 2023
Categories |