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.

Robbery Defense Lawyer | Salt Lake City Utah

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:

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.

FREE CONSULTATION

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.

FREE CONSULTATION

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.

(801) 475-0123

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.

When getting ready for your bankruptcy, regardless of whether you are filing a chapter 7 or chapter 13, the key is to gather the proper documentation. This could mean credit card statements, mortgage statements, student loan statements or auto loan statements.

            You may be thinking of settling certain debts instead of filing bankruptcy.  This is a great option for some people, especially if you have some non-exempt property that may be subject to liquidation.  It is not uncommon to have some cash, or a bonus check coming or even too much equity in your car and the best thing to do is to sell your asset and settle some debts.  It is non uncommon to get at the very least a 30-50% reduction on your debt if you have a lump sum to make the payment immediately.

            Switching back to documentation, you may find yourself in a dispute regarding the amount owed on certain debts.  This is huge in Chapter 13 cases where creditors are required to prove up how much you owe them in what’s called the “proof of claim”.  This is another situation where you can argue about how much is owed.  In this situation, it is integral to keep records and documentation.  In this context, you may find proof that you made payments that are not accounted for.  In Chapter 13 cases mortgage companies often inflate the amounts owed and add in extra late fees and charges.  Here you just need to present evidence that you made the payments or are current thus foregoing the late charges.

            You could also compare statements and even credit reports to the amount listed on the proof of claim. If the numbers don’t add up the court may waive debts amounts in your Chapter 13.

            Student loans are another area of debt becoming a problem.  Courts have enabled this behavior on the part of spotty companies and they have taken their leave to indulge.  Documentation is integral to your attorney to put on your case.  In Hann vs. Educational Credit Management Corp. BAP No. NH 11-084 the debtor was able to present evidence that the $55,000 debt alleged in the proof of claim was wrong.  If the court rules in your favor, it has the effect of adjusting your amount owed forever.