In State v. Ruiz, the Utah Court of Appeals addressed Fourth Amendment issues relating to the use of a drug detection canine (K9) to conduct a search of a vehicle during a traffic stop. The district court had denied the defense motion to suppress. The defendant entered a guilty plea but reserved the right to […]
Utah Estate Planning Attorneys
What is estate planning? Planning for the preservation and transfer of a person’s property after their death is called “estate planning.” A comprehensive estate plan will often include a will, powers of attorney, a living will (Utah Advance Health Care Directive) and usually a living trust. Who needs estate planning? Proper estate planning usually involves […]
What is the maximum penalty for a second-degree felony?
Utah law provides a minimum prison term of one year and a maximum of 15 years for most second-degree felony convictions. The Board of Pardons and Parole ultimately determines how much of that prison term is served. In most cases, the judge has the option of suspending the prison term and placing the person instead […]
Will a plea in abeyance show up on my record?
While a plea in abeyance generally results in your charges being dismissed, that doesn’t mean that they automatically disappear from government records. Employers generally request one of two different types of pre-employment criminal background checks. More often than not they may request a background check that only lists your convictions. If a plea is held […]
Will a prosecutor make an offer at the arraignment?
Sometimes yes. Sometimes no. But the more important issue is whether you should accept an offer made at an arraignment hearing. Purpose of the Arraignment Hearing In Utah’s justice courts, the first scheduled hearing in a misdemeanor case is the arraignment. Two main purposes of the arraignment are: 1) giving formal notice of the charges […]
Is a durable power of attorney valid after the person dies?
A durable power of attorney becomes invalid upon the death of the principle. A durable power of attorney differs from a standard power of attorney in that it continues to be effective even after the principle has become incapacitated. But no power of attorney exists following the death of the principle. In order to act […]
I live in another state. Can I resolve my case without returning to Utah?
It is often possible to resolve your Utah case while living out of state. Like most things though, this depends on your specific circumstances and the nature and level of the charges filed. Your attorney may be able appear in court on your behalf and represent you, though arrangements to do this must be made […]
How is a living trust different than a testamentary trust?
Both a living trust and a testamentary trust can perform many of the same functions. The key difference between the two is the timing and mechanism of their creation. A living trust is created during the grantor’s lifetime, and can be used immediately to hold and manage assets on behalf of designated beneficiaries. A testamentary […]
How many witnesses are required for a will in Utah?
A last will and testament is only legally valid once it has been signed by two witnesses as well as the testator. The only requirements for the witnesses is for them to be “generally competent.” If all three signatures are properly notarized, a will is considered to be “self-proving.” If the will qualifies as “self-proving” […]
How do I get copies of a death certificate?
Certified copies of the death certificate can normally be obtained through mortuaries, funeral directors or directly from the Utah Department of Health. Before going to the effort of getting copies, it is generally a good idea to determine how many copies you think you will need, and then get a couple of extra just in […]