Arnold & Wadsworth
Arnold & Wadsworth provides value and quality. We are a general litigation firm that is also open to the public. At Arnold & Wadsworth we understand that each client is unique and has special needs for their situation, which require personal attention. With over 35 years of trial practice and litigation experience, Arnold & Wadsworth brings big firm expertise to you at affordable rates.
When you hire Arnold & Wadsworth and become part of our family, you can be sure that your case will be handled with efficiency and professionalism. Arnold & Wadsworth has the goal of spending quality time with clients to assess the individual needs of our clients during the consultation stage and after the case is over.
The criminal defense lawyers at Arnold & Wadsworth offer a free consultation to people facing Robbery Charges, or any other criminal charges in the State of Utah. With offices in Salt Lake City and Ogden Utah the Robbery Defense attorneys at our firm can give you an honest professional opinion and direction about your case. Below is an explanation of a recent Utah Court of Appeals case that involved a Robbery conviction under Utah Law.
This case is titled State v. Ring. The Defendant in this case is first arguing that there is insufficient evidence to convict him of the crime of Robbery in the State of Utah. The standard for an insufficiency of evidence is as follows as defined by the Utah Court of Appeals:
“When evaluating a challenge to the sufficiency of the evidence, appellate courts “review the evidence and all inferences which may reasonably be drawn from it in the light most favorable to the verdict of the jury.” State v. Shumway,
2002 UT 124, ¶ 15, 63 P.3d 94. “So long as there is some evidence, including reasonable inferences, from which findings of all the requisite elements of the crime can reasonably be made, our inquiry stops.” State v. Boyd,
2001 UT 30, ¶ 16, 25 P.3d 985. Generally, an appellate court “may not reassess credibility or reweigh the evidence, but must resolve conflicts in the evidence in favor of the jury verdict.” State v. Workman,
852 P.2d 981, 984 (Utah 1993).”
State v. Ring, 2013 UT App 98
The facts in this case included the Defendant punching the victim and then taking her cell phone. After taking her cell phone the Defendant tried to flee the store and was caught by two passers-by. These people were acting as good Samaritans to stop the Defendant. The Defendant tried to argue that he was not trying to permanently deprive the victim of her cell phone and that his only intent was to try to stop her from calling the police. The Utah Appellate court was not convinced and upheld his conviction looking at his actions as they relate to the Utah Statute for Robbery.
Robbery under Utah Statute is defined as follows:
(1) A person commits robbery if:
(a) the person unlawfully and intentionally takes or attempts to take personal property in the possession of another from his person, or immediate presence, against his will, by means of force or fear, and with a purpose or intent to deprive the person permanently or temporarily of the personal property; or
(b) the person intentionally or knowingly uses force or fear of immediate force against another in the course of committing a theft or wrongful appropriation.
Utah Code Ann. § 76-6-301 (West)
If you are facing similar charges you need the help of a criminal defense lawyer. Call Arnold & Wadsworth today for a free consultation.
At Arnold & Wadsworth our criminal defense lawyers offer a free consultation concerning all criminal cases whether in Salt Lake City or any other area in Utah. The criminal defense lawyers at Arnold & Wadsworth have the experience you need in order to be successful and protect your rights. Your rights and life are too important for you to not have a criminal defense lawyer represent you. Call today for a free consultation (801) 475-0123.
Recent Criminal Case | Utah Criminal Defense
In State v. Ali the Utah Appellate court upheld two convictions against Ali; distributing or arranging to distribute a controlled substance,a first degree felony, and and one count of providing false information to a peace officer with the intent of leading the officer to believe that the person providing the information is another actual person, a class A misdemeanor.
A person commits a class A misdemeanor if,with the intent of leading a peace officer to believe that the person is another actual person, he gives the name, birth date, or address of another person to a peace officer acting in the lawful discharge of the peace officer’s official duties.
The class A misdemeanor and felony were upheld by the Utah Court of Appeals. Mr. Ali tried to argue in regards to the felony that the undercover officer could not have identified him according to his testimony. Mr. Ali argued as one part of his argument that because of the different races it was unlikely that he could actually be identified. There is some case law to support this position but the Appellate court upheld the conviction.
If you are facing a criminal charge in Utah take advantage of our free consultation. We will give you an honest opinion of your case and the possible outcomes. This includes the negative and positive about your case. We will provide you with a road map on how we will represent you and the best way to get a favorable outcome. Call today for a free consultation.
Arnold & Wadsworth has the criminal defense lawyers needed to help you win your drug related case. As you approach these serious charges you need to make sure you partner with a criminal defense firm that will protect your constitutional rights. We have a team of criminal defense lawyers that can aggressively help you with your case. Our team of criminal defense lawyers will take the time necessary to help you understand Utah law and your charges. Our drug lawyers will review the evidence and give you their honest opinion in order to help you understand your options and defense to your case.
Evidence | Criminal Defense Lawyers
Drug charges are very serious. Being convicted of drug related charges can affect every aspect of your life including your job, and marriage. We want to make sure that you get the aggressive criminal defense you deserve. The criminal defense lawyers at Arnold & Wadsworth will file the necessary motions to make sure your rights are protected. At Arnold & Wadsworth we have more than one attorney that will review your case and help plan your defense. This is a service that our defense attorneys do not charge extra for.
With offices in Salt Lake City and Ogden, Utah the criminal defense lawyers at Arnold & Wadsworth offer a free consultation in order to earn your business. Call (801) 475-0123 today to set up a time to talk to one of our experienced criminal defense lawyers.
Kim Kardashian left the court house yesterday without a divorce settlement. Even though she is pregnant her divorce has not been made final. The issue with her divorce is between what she is seeking and what Kris Humphries is seeking. Mr. Humphries is seeking an annulment while Kim Kardashian is seeking a divorce. In Utah, an annulment constitutes that the marriage never occurred. Usually an annulment is sought on the basis of fraud. According to numerous reports Kris Humphries is seeking a annulment based on fraud. The specifics of Kris Humphries fraud claims have not been disclosed but if the court were to reach this conclusion certain findings would be disclosed and we would know the specifics of what could or was proven.
From numerous reports it seems that Kim Kardashian wants the divorce to be final. This may be because of the pregnancy. In Utah if you are going through a divorce and are pregnant with another person’s baby other than your spouse you may be able to be granted a bifurcated divorce. A bifurcated divorce would divorce you at that point in time, but would reserve all other issues for further court proceedings. I have been surprised in this divorce that Kim Kardashian has not sought a bifurcated divorce. It may be true that if she tried Mr. Humphries would try and block it by stating he is still seeking an annulment.
In Utah an annulment is controlled by certain factors under the law. The specific Utah law that it falls under is Utah Code Annotated 30-3-17.1. Under this code fraud would become a factor.
Kim Kardashian Divorce and Pregnancy
Arnold & Wadsworth has divorce lawyers in its Salt Lake City Utah office that are here to navigate and protect you through the divorce process in Utah. The divorce courts in Salt Lake City can be confusing and intimidating but the divorce attorneys at Arnold & Wadsworth will make sure that your rights are protected and argued. Divorce in Utah will control the rest of your life as it pertains to your schedule, money, and children. You must make sure that you get the best possible outcome in your divorce. You will need to be educated on the divorce process and law in Salt Lake City and what the possible outcomes could be in order for you to make the correct decisions while you proceed through the divorce process.
Divorce Steps in Utah
There are several steps in Utah concerning your divorce. The first step is to file a Complaint for Divorce. This will be filed with the courts in Salt Lake County if that is where your residence is. The next step would be for the other person to file an Answer to the Divorce Complaint. The Answer to the Divorce Complaint will also need to be filed in the court where the Divorce Complaint was filed. The next step is a motion for temporary orders. You will then have a hearing at the Salt Lake City Divorce Courts where custody, and money issues will be decided on a temporary basis. After temporary orders you will attend mediation concerning your divorce. This is a great opportunity in your Salt Lake City Divorce to find out the arguments of the other side. If mediation is not successful then Trial would be the next step in your divorce. Most cases settle at mediation but the divorce lawyers at Arnold & Wadsworth are prepared to go to Trial if necessary and have been successful at the trial stage in the divorce courts in Salt Lake City, Utah.
Call today for a free consultation at (801) 475-0123.
In December, 2012 the Utah Supreme Court overruled a wage exemption used by bankruptcy attorneys for decades. For years and years those that were due bonus money or wages that previously were not paid before filing of the bankruptcy could claim a 75% exemption. For example, if the debtor was owed a bonus or merely received a gratuitous bonus of $10,000 (after taxes) the debtor could keep $7,500 of the $10,000. Now, the entire amount is considered property of the bankruptcy estate and must be turned over to the trustee.
This recent ruling has only added to the fact that Utah is one of the least friendliest states in the country for those in need of a fresh start bankruptcy.
There are a lot of divorce lawyers in Salt Lake City to choose from. We offer a free consultation in order for our clients to allow us to earn their business. We pride ourselves in receiving referrals from past clients. At Arnold & Wadsworth our divorce lawyers have the legal experience needed to get you successful results. Whether your divorce issues include child custody, child support, parent time, legal custody, alimony, or a protective order, the divorce attorneys at Arnold & Wadsworth can help you navigate your case in order to get results you need. You will be educated on the legal issues you will be facing in your divorce in order for you to be able to make educated decisions that will be in the best interest of your divorce situation.
At the initial consultation we will answer all of your questions honestly. Our divorce attorneys will assess your situation and give you insightful ideas on how you can reach a better outcome in your case. For instance, or attorneys get questions about child support on a regular basis. We will run some preliminary numbers to give you some ideas on how much your child support may be. This will help you plan for the future and your divorce case.
One issue that always comes up when it comes to divorce is child custody. Custody of children in a divorce is always a very sensitive subject that must be taken with all seriousness when it comes to your divorce case. We will educate you with the tools you need to gain an advantage on how to approach your child custody situation. Give us a call today to set up a free consultation in our Salt Lake City or Ogden office.
When preparing for your bankruptcy filing, you may have some nonexempt property that will be subject to liquidation by the bankruptcy trustee.
What is the distinction between exempt and nonexempt property? Click here: http://arnoldwadsworth.com/bankruptcy/exemptions/
You may use the benefit of the exemptions even if you are using nonexempt property to obtain the exempt property. For example, if you have $10,000.00 in cash reserves under Utah law the trustee will take all of this money if you file bankruptcy because Utah does not have any cash exemption (which is absolutely ridiculous by the way), but you may take that entire $10,000.00 and purchase $10,000.00 of food storage with no problem.
Another hot bottom item that trustees like to hit on is wages and bonuses. In Utah, you may claim as exempt property 75% of any unpaid wages. The way this often comes up is where you are due a bonus check for a certain quarter of the year, but your employer hasn’t paid it yet. The problem is you usually are not “owed” the bonus and it is merely gratuitous in nature. This argument won’t get you anywhere though in practice. Regardless of whether you think you will get the bonus or not, you need to tell your attorney about it so it can properly be accounted for in your paperwork (if you don’t your trustee could use this as grounds to revoke your discharge and you don’t want that…I have never had this happen and I would hate to have this happen to a client). Basically, the result is you will have to take 25% of the net gain from the bonus and give it to the trustee.
Matt Wadsworth is a partner at Arnold & Wadsworth and serves debtors filing for Chapter 7 or 13 bankruptcy in Salt Lake City, Draper, South Jordan, Bountiful, Layton, Ogden.
What is the 341 Creditors’ meeting?
Under the bankruptcy code, the debtor is required to appear to attest to the veracity of the paperwork filed with the court system. The meeting is referred to as the “341 creditor meeting” because Section 341 of the Code is the provision in the Code requiring the meeting.
At this meeting you will bring a government issued ID along with your most recent paystub, if applicable.
The trustee will swear you in like you are giving testimony. Then, they trustee will ask you if you have read the bankruptcy information sheet, if you read over your paperwork and whether you listed all your debts and assets. If the trustee desires, they may ask for additional documentation on virtually any topic.
The trustee will give the floor to any creditors that want to ask you questions. Often, this is a great time for certain creditors to ask questions about any property you are surrendering in your bankruptcy. They may ask you whether the property is in good or poor condition and where the property is located.
Also, this is a good time to meet the creditor that you may be reaffirming a debt with and have the necessary documents signed and executed.
If you have questions about the 341 creditor meeting or any other bankruptcy questions be sure to call Matt Wadsworth at Arnold & Wadsworth. He practices law in the Ogden and Salt Lake City area and performed hundreds of bankruptcies. He also has represented many debtors in adversary proceedings. Call today for a free consultation.