Understanding What Can and Cannot Be Expunged from Your Criminal Record in Utah

You’ve made a mistake (or two) that has left you with a Utah criminal record. Although you’ve been a conscientious and law-abiding citizen ever since, that record is preventing you from applying for certain jobs or professional licenses. Fortunately, it may be possible to have your record expunged. In other words, sealed or erased so that you can put the past behind you. The Utah Expungement Act governs the Read More

Taking Back Your Paycheck: Fighting Back Against Wage Garnishments

One method that creditors use to collect an unpaid debt from you is to garnish your wages. Depending on the circumstances and amount owed, you can lose up to 25% of your total paycheck. With some debts, such as child support, up to 60% can be taken. But no matter how much they have been allowed to seize, it’s money you can ill afford to lose. How the Garnishment Process Works Wage garnishment is used to satisfy Read More

6 Steps to Take to Fight Back Against Aggressive Bill Collectors

When illness strikes or jobs are lost, even the most financially responsible individuals can find themselves dealing with aggressive bill collectors. These collection agents use profane or obscene language, call you at work after you tell them to stop, and wake you up in the middle of the night with their calls. Is any of this legal? No. The Fair Debt Collection Practices Act (FDCPA) prohibits third-party debt Read More

Charged with Felony Assault? Here’s What to Expect

In Utah, the crime of assault refers to an attempt to do bodily injury to someone else via violence or unlawful use of force. It is usually charged as a misdemeanor, but can be treated as a felony when the assault is: Likely to cause serious bodily injury or death OR Committed by a prison inmate OR Your second (or subsequent) conviction for assaulting a law enforcement officer or member of the U.S. Read More

Utah DUI Law: 4 Effective Defenses

Being arrested for DUI has serious implications in Utah. You could lose your driving privileges, which affects your ability to maintain employment. If convicted, your auto insurance rates will go up and, depending on the number of prior DUI convictions on your record, you could be facing a mandatory period of incarceration. If you are charged with DUI, you have four effective defense options available, any one of Read More

How Do Retirement Accounts Factor into a Divorce Settlement?

When a couple divorces in Utah, state law requires an equitable division of all marital property, which can include retirement accounts. It is important to remember that “equitable” is not necessarily the same thing as equal. The judge’s overall goal is a fair and reasonable split. If, for example, one spouse earns considerably less than the other, the lower-income spouse might be awarded a bigger percentage of Read More

Utah Criminal Law: Understanding the Difference Between Assault and Battery

The individual crimes of assault and battery are frequently confused or used interchangeably in conversation. Although both involve physical violence, they are not one and the same. To compound the confusion, the legal definitions of “assault” and “battery” vary from one state to the next. In Utah, assault is defined as an illegal act of violence that injures or creates a risk of injury to another person. Read More

4 Steps to Financially Prepare for Divorce

Getting divorced typically involves significant financial changes for both spouses. While it can be difficult to think practically at such an emotional time, each party must accept that dissolving a marriage has long-lasting financial repercussions and prepare accordingly. The four steps below will take some time and effort, but put you in a better position as you move forward. Step One: Hire a Divorce Read More

Charged with a DUI? Take These Steps Immediately!

If you have been charged with DUI in Utah, you're probably wondering what your next steps should be and what your options are in dealing with the charge. You likely provided a breath, urine, or blood test, but if you didn’t, you have extra cause for concern. Utah has an implied consent law, which means that if you refuse to take a sobriety test, you can be fined and have an automatic license suspension of 18 months Read More

4 Questions to Ask Yourself Before You File for Bankruptcy

If you’re experiencing serious financial difficulties, declaring bankruptcy may be the best option for you to wipe the slate clean and get a fresh start. To ensure that it is the right decision for you, there are four questions you should ask yourself before scheduling a meeting with a bankruptcy attorney.  Will all my debts be cleared? While bankruptcy will give most debtors a new financial beginning, this Read More