Thursday, 28 December 2017

Utah DUI Lawyer

Utah DUI Lawyer

Utah residents may not be aware of statistics from the National Highway Traffic Safety Administration indicate that Halloween is a dangerous holiday for motorists. The numbers indicate that more people die in DUI-related crashes on this holiday than die in the same type of crashes on New Year’s Eve. If Halloween is on a Friday or Saturday, those numbers rise by as much as 40 percent.

33 people arrested for DUI on Halloween

These statistics may be what prompted the Utah Highway Patrol to assign an additional 160 troopers on the roads on Halloween. Their primary focus was to be on the lookout for drivers they suspected were impaired. The UHP says this was done in order to ensure that partygoers and families get home safely. If you ever get arrested or charged with a DUI, you need to talk to a DUI Lawyer about your case.

This effort led to 33 people being arrested on suspicion of driving under the influence in Salt Lake County alone. All of these people greeted the next day facing the possibility of criminal penalties such as fines, the suspension of his or her driver’s license or even jail time. A drunk driving charge and possible conviction can have adverse effects on every aspect of an individual’s life.

Each accused individual will likely want to gain an understanding of his or her rights and responsibilities in connection with the DUI charge. Fortunately, the presumption of innocence means that no one can be convicted without due process of law. Utah prosecutors are required to prove beyond a reasonable doubt that the person is actually guilty of the crime of which he or she has been charged. This gives an individual the opportunity to challenge the evidence prosecutors intend to present at trial and/or to explore other options to resolve the charges.

Former Utah mayor charged with DUI

The former mayor of a Utah town who resigned in February after being arrested on suspicion of drinking and driving that month was formally charged with DUI on March 5. The case is an example of how a DUI arrest can impact a person’s career even before the charges are adjudicated.

The defendant was arrested after being in a minor car accident in Helper, where he was elected mayor in 2010. Police administered a breath test that allegedly measured the defendant’s blood-alcohol level at 0.169. If that test is accurate, it would be more than twice the legal limit of 0.08.

It was the second time the defendant was arrested during his term as mayor. He was arrested in November 2011 on suspicion of DUI and pleaded guilty in May to misdemeanor impaired driving and having an open container in his vehicle. He was sentenced to one year of probation. He also reportedly pleaded guilty to DUI in 1991.

The former mayor was charged on March 5 with DUI and being an alcohol-restricted driver. Both charges are class B misdemeanors, which in Utah carry base sentences of up to six months in jail and fines of up to $1,000 apiece.

Those possible punishments alone would be enough for most people charged with DUI to hire a defense attorney. Another thing to consider is that DUI charges can stain their reputation, even though only in most cases only the government has had the chance to give its side of the story. An experienced DUI defense attorney can examine the prosecution’s case and spot possible holes in their story or illegal procedures that can change the complexion of the case.

Free Consultation with DUI Lawyer

If you’ve been charged with a DUI, please give our office a call for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Birth Fathers’ Rights

Birth Fathers' Rights

In many states, including Utah, a birth father must prove paternity and then approach a court to establish legal rights to his child if he is not married to the mother. Failing to do so can result in the loss of any parental rights, including physical custody, if the mother decides she does not want the child. You should always get a Custody Lawyer to help you with this. While there are some birth fathers who have no desire to be a part of their child’s life, there are others who would gladly take on the responsibility and retain child custody.

AT LEAST 1 STATE CONSIDERING BILL BOOSTING BIRTH FATHERS’ RIGHTS

At least one state is considering a bill that would present birth fathers with essentially the same rights as birth mothers. Those who oppose the bill say that giving birth fathers more rights could create problems. One central concern appears to be fathers who show no initial interest in their children but then turn up at some later point in time to demand custody and visitation rights. Another concern is that the bill may cause harm for victims of domestic violence.

However, advocates for the bill contend that children are less likely to get into trouble with a father in their life and that fathers should not have to use the courts to fight for access to their own children. Addressing the concern for absent fathers, the bill’s sponsor points out that birth mothers can also behave in a likewise manner, turning the child over to the custody of the father and then coming back at a later time and demanding the child’s return.

DO GRANDPARENTS HAVE VISITATION RIGHTS?

If you are a grandparent and are unable to visit your grandchild, you may be experiencing a wide range of emotions, such as sadness or perhaps even a sense of anger. In Salt Lake City, and across Utah, it is vital for you to understand where the laws in this state stand on grandparent visitation if you are in this position.

According to the Utah State Legislature, grandparents are able to request grandparent visitation in the state. Moreover, if there are legal proceedings concerning the child which involve custody, visitation or the child’s parents filing for divorce, grandparents can fill out a petition for visitation. Typically, it is presumed that parents have the best interests of their child in mind when making decisions related to grandparent visitation. That said, a number of circumstances may arise where a parent’s choices concerning this matter can be overruled by the court. For example, if the child has unfit parents, visitation was denied or grandparent visitation serves a child’s best interests, the court could overrule choices made by the child’s parent.

In some cases, courts will ask the grandchild about his or her wishes with regard to grandparent visitation. Furthermore, if you, your grandchild or your grandchild’s parents experience significant changes, you may be able to have your visitation order modified, so long as the court finds that such modifications are acceptable.

CAN BACK CHILD SUPPORT PREVENT ME FROM TRAVELING?

On this blog, you can find a number of posts which explain some of the consequences that come with missing child support payments, such as being taken into custody and facing steep fines. However, in Salt Lake City, and other places in Utah, back child support could affect you in other ways that you may not be aware of. For example, this dilemma could result in you being unable to leave the country.

The U.S. Passports & International Travel reports that those who owe over $2,500 in back child support lose their eligibility to obtain a passport. Whether you plan on leaving the country for business or simply enjoy spending time in other parts of the world, falling behind on your child support obligations could prevent you from traveling internationally.

Fortunately, you may be able to prevent or address this problem in a number of ways. For starters, if you owe back child support, you could have the ability to set up a payment plan and pay off what you owe. However, if you are worried about being unable to pay child support because you recently experienced a major life change, such as a major condition or losing your job, you may be able to make your monthly payments more manageable by modifying your child support order.

Whether you decide to move forward with child support modification or set up a payment plan, it is vital to handle child support issues properly. Please do not view this post as an alternative to legal advice.

Free Consultation with Child Custody Lawyer

If you have a question about child custody question or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Wednesday, 27 December 2017

What happens to Property in Divorce?

What happens to Property in Divorce

If you ask a divorce lawyer about property settlements in divorce cases, or if you are involved in a contentious divorce or are in the early stages of separating from your marital partner, you may have a lot of questions, such as how divorce will affect your children or your property. That said, the division of property can be especially complicated and you should try to develop an understanding of how you and your spouse’s property may be split up. In Salt Lake City, and the rest of Utah, understanding the difference between marital property and non-marital property is pivotal.

WHAT HAPPENS TO NON-MARITAL PROPERTY IN DIVORCE?

Typically, you will be able to retain any non-marital property when you divorce your spouse, according to the Utah Courts. Likewise, you will probably not receive any non-marital property that your spouse owns. However, non-marital property may be distributed under certain circumstances. For example, if your non-marital property has been used in a manner where it became marital property, or has been mixed with marital property, then it may be subject to division.

There are various examples of non-marital property that each party can usually keep, such as inheritance, gifts or property that you owned prior to your marriage. On the other hand, courts may decide how to divvy up marital property between you and your spouse. From retirement accounts and vehicles to the family home, the distribution of marital property could have a significant impact on your life.

SOCIAL MEDIA MAY BE ANOTHER FACTOR IN DIVORCE CASES

Just as there are countless reasons that people find themselves attracted to one another on an intimate level, there are just as many reasons why couples in Salt Lake City, Utah, and elsewhere find themselves facing serious relationship issues and divorce. When considering modern relationships, many experts and couples alike are noting how social media plays into the equation of marital bliss, discontent and even divorce mediation.

Given that social media plays such a significant role in many peoples’ everyday routines and lifestyles, it may come as little surprise that websites like Facebook and Twitter effect personal relationships as well. According to one Pew research project, relationship issues like lack of attention and excessive social-media use are noted by many young people. Even so, more than 40 percent of adult participants under the age of 30 did say that they and their significant other bonded over talking online. And a little more than 1/5 of those questioned claimed such digital services can be good problem-resolution tools.

There is increasing evidence that social media outlets play a role in why and how individuals communicate in relationships too. For instance, some psychologists believe that men are more prone to discuss their emotions online because they’re unable or unwilling to do so in person. A recent study investigating one particular social media outlet and its influence on relationships suggests that, indeed, online communication plays a significant role in personal interactions.

Looking at everything from how often participants reviewed and used Twitter directly, the study published in the Cyberpsychology, Behavior and Social Networking journal found that serious relationship issues like cheating and divorce are linked to Twitter use. The author of the study argues that relationship duration is not a factor in Twitter-related issues that can arise.

Free Consultation with Divorce Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Utah’s New DUI Law

Utah's New DUI Law

After eating high-carb meals or taking certain antibiotics, some people complain of a condition that causes dizziness, nausea and a brain fog similar to intoxication or a hangover. Some victims of this condition even claim the malady results in a measurable alcohol level in their blood even when they have consumed no alcohol. As a Utah DUI Lawyer, I want to make sure that you understand the new law and what it does. While extremely rare, people who believe they suffer from what is known as auto-brewery syndrome may be concerned about how the impending change in Utah’s DUI law will affect them.

Some say Utah’s new DUI law could lead to arrests of nondrinkers

Auto-brewery syndrome has been used at least once in another state as a defense against a DUI charge. Those with the condition may have a chronically elevated blood alcohol count because certain yeasts and sugars combine in their stomachs to create a fermentation similar to that of alcohol. Drivers may exhibit symptoms of intoxication and even fail BAC tests. With Utah set to drop its BAC limit from .08 to .05 – the lowest BAC limit in the country – those with this condition may fear being wrongly arrested for DUI.

While at least one judge accepted auto-brewery syndrome as a defense for a drunk driving charge, some medical researchers say they can find no scientific data to support the existence of the rare disorder. In fact, the researchers believe anyone suffering from such symptoms would likely be unable to drive. Nevertheless, a .05 BAC does not allow much room for error. Critics of the change say that even one drink may result in a DUI arrest for certain people.

Additionally, even without the consideration of a rare and questionable auto-brewery condition, there are often factors that can skew a BAC test. After the BAC level drops in December, Utah drivers will have even more reason to know and understand the variables that can result in a false BAC reading. Seeking assistance from an attorney is advantageous to anyone facing DUI charges.

Brad Pitt and Angeline Jolie sign prenup in case they divorce

Utah residents who keep up with celebrity gossip may already know that Brad Pitt and Angelina Jolie recently got married. Before doing so, they reportedly negotiated and signed a prenuptial agreement just in case they ever get a divorce.  A prenup can make a divorce less complicated and contentious.

Pitt and Jolie each came to the marriage with substantial fortunes. Pitt reportedly has a fortune of nearly $240 million, while Jolie was doing alright with approximately $185 million. They reportedly agreed that each of them would walk away with those amounts if their marriage ends.

In an interesting twist, any earnings made by the couple during the marriage will apparently not be split between the parties. Instead, it will be placed in trusts in equal shares for the benefit of the couple’s children. Neither party will receive anything earned after the date of the marriage.

Further, if Pitt does not honor his marriage vows to Jolie and enters into a relationship with another woman while they are married, Jolie automatically receives primary custody of the children. The Pitts executed the agreement at the behest of their legal counsel. They reportedly believe this was the best move for themselves and their children.

When a couple has a prenuptial agreement, it essentially represents the settlement agreement between the parties. Since the major issues have already been worked out, it may make the process easier, and each party could enjoy an amicable split.  A Utah divorce does not have to be complicated and contentious, and a prenup is only one way to avoid a negative experience. A couple can agree form the beginning to work together toward a settlement that will leave each party believing the other treated him or her equitably and fairly.

Free Consultation with Criminal Lawyer

When you need legal help, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Tuesday, 26 December 2017

What to do after a motorcycle accident

What to do after a motorcycle accident

Compared to the average car accident, a motorcycle accident is significantly more likely to result in serious harm or injury — therefore increasing the likelihood of needing a motorcycle accident lawyer. These tips come from a Motorcycle Accident Lawyer in Utah. If you are in a motorcycle accident, there are several steps you can take to help keep yourself and others safe.

Check for Injury

Immediately after the accident, check yourself for injury. You should quickly be able to tell if you have injuries that will prevent you from moving out of the roadway. If you are unable to move, stay put. You don’t want to risk injuring yourself further. Wait for help to arrive.

Move to Safety

If you don’t have any obvious injuries that prevent you from moving, get to a safe place. Put as much distance between yourself and potential hazards — such as gasoline spills or fires — as possible. If you’re in a more mountainous area like St. George, Utah, you’ll want to stay away from any ledges or drop-offs. One you are in a safe place, sit down and try not to move. You may have injuries that aren’t easily identified like organ damage or internal bleeding. Stay calm until medical help arrives.

Call 911

Call 911 as soon as possible. Even if you think there aren’t any injuries, it’s a good idea to have medical professionals come to the scene and make sure. Even in smaller cities like St. George, police can help control traffic, record the details of the accident and explain whether or not you need to call a lawyer.

Remain Calm

Try your best to remain calm and collected. Don’t argue with others involved in the crash, and don’t assign or accept responsibility for the accident. Instead, collect relevant insurance information from the other drivers and contact information from any witnesses who are nearby. Take photos of the scene if possible.

Call a Lawyer

After a motorcycle accident, whether in Salt Lake City, Park City or the South Jordan, you may need to hire a lawyer. Call your lawyer if you are wrongly accused of causing the accident, insurance denies your claim, the damage exceeds your insurance limit or if the accident results in serious injuries and medical costs.

THE INEPTITUDE OF AMERICA’S FOOD RECALL SYSTEM

According to a recent United States Food and Drug Administration (FDA) audit, the food recall system in the U.S. is woefully ineffective. The audit even goes on to mention that it took five months after salmonella was discovered in commercial peanut better for a recall to be issued for the product. A mistake like this can easily lead to the wrongful death of someone who reacts badly to the contaminate substance.

Findings of the Audit

The FDA audit found that over a recent three-year period 30 food recall cases involving two different companies took over three months to issue a recall after a potential problem was initially discovered. Along with the peanut butter, cheese contaminated with Listeria took three months after the problem was first discovered for a recall to be issued — not only does this put residents of Salt Lake City at risk, but people throughout the U.S. could have been affected.

FDA’s Response

After these glaring FDA mistakes were discovered, a change in policy was deemed necessary. The FDA argued that those two cases do not represent the recall system, and that almost every recall has a response time of less than a week. The FDA also said that it is working on improving the system in order to speed up all recalls.

Free Initial Consultation with Motorcycle Injury Lawyer

If you’ve been injured in a motorcycle accident, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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How Does Utah Child Support Find People

How Does Utah Child Support Find People

When a noncustodial parent has been delinquent and fallen behind in paying for child support, the state may be forced to grant the custodial parent an enforcement action. But since the unresponsive parent is probably nowhere to be seen and held responsible, the state may have to try and locate them. Because of this, you may need help from a Child Support Lawyer.

The Utah Department of Human Services will then work through Office of Recovery Services (ORS) and try to locate the absentee parent. The ORS/CSS will embark on finding the nonresponsive parent and normally, they do it through the following.

Finding the Deadbeat Parent

The first step towards finding that elusive non-supportive parent is to gather as much identifying data about him or her as possible. If the noncustodial parent is a former spouse, locating the right information won’t be hard. The same is true if the parent is within reach, perhaps when otherwise unresponsive parent is a state employee. Essentially, the information to focus on includes:

  • The absentee parent’s official names
  • The social security number
  • Place of work and who the employer is
  • Names of co-workers and their respective addresses
  • Friends and family members who may have related information
  • The Paternity tests and other verifications

Further Assistance

Aside from using the basic details of identification above, the state can use their own automated computer systems known as the State Parent Locator Service (PLS). Sometimes, however, data matches with state financial institutions ease the process and help the custodial parent find and prosecute the nonresponsive parent. It is important to add that the state through the relevant agencies have to do it within 75 calendar days so that the next action is done.

Once the elusive parent has been identified, the ORS/CSS will write him/her a letter for paternity tests and the suspect will be expected to reply in agreement for the evidence. The letter MUST NOT BE IGNORED because failure to show up would mean the courts assume that indeed you are irresponsible. Important to note, all claims should not be ignored at all costs – generic paternity tests have to be determined by the ORS/CSS.

Enforcement of Child Support – Utah Department of Human Services

  1. Both the federal and state laws call for the ORS to make it easy to find a delinquent parent. It is tasked with:
  2. Collaboration with other states and collecting the payments when the parent is located in another state
  3. Levying the unresponsive parent’s bank account
  4. Submitting liens against the absentee parent’s assets, properties, and bank accounts
  5. Reporting overdue remittances to credit bureaus
  6. Suspending the suspects DL
  7. Intercepting lottery wins, tax refunds, etc
  8. Filing lawsuits on behalf of the custodial parent

In practice, however, when all the legal routes fail, and the state can’t locate the deadbeat parent, experts would advise the custodial parent to do the investigative work on their own or hire a private detective. All these can be done with the help of a family attorney.

Free Consultation with Child Support Lawyer

If you have a question about child support or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Monday, 25 December 2017

ERISA Lawyer

ERISA Lawyer

When there is a problem with your retirement plan, consider speaking with an ERISA Lawyer at Ascent Law. We have helped people resolve problems with their ESOP plan and other retirement plans.

ERISA Law for 401(k) Plan

A Plan 401 (k) in the United State-Utah is defined as a qualified plan which encompasses a feature that allows an employee to have the employee’s wages portion before the taxes are taken out under this plan.

In other words, 401 (k) plan is designed to allow the employees to elect the deferrals.
This plan covers many things including profit-sharing, pre-ERISA, money purchase pension and the other is a rural cooperative plan.

The deferrals or the employee’s wages under this plan are not subject for any federal income tax deduction at the time of deferral. On the other hands, the employee’s income is not reported as a taxable income on the tax return.

Tax advantages:

There are many advantages that are associated with this plan, but few of them are as follows:

  • On the employee’s federal income tax return, the employer contributions are provable that’s means the contributions don’t exceed the described limitations in the 404 section of internal revenue.

 

  • The investment attainments and the elective deferrals are not taxed right now and can enjoy the tax deferral until distribution.

Types of 401(k) plan:

There are many different kinds of 401(K) plans that are right now available for employers.

The plans are:

  • Traditional 401(K) plans
  • Safe harbour 401(K) plans
  • The SIMPLE 401(K) Plans

For all the plans, it is important to follow the rules for getting a tax-favored status. It is necessary to implement the plan according to the rules that are applicable.

For this, the employer need to familiar with the special rules that are applied to operate the plan in accordance with those rules. However, it is necessary to meet the requirements language of the tax law for taking advantage of tax benefits.

What are the limits apply to contributions:

The two limits that apply to contributions are as follows:

  • A limit that is applied on employee elective deferrals.

 

  • The limit that is being implemented to the participant’s plan account (which include the overall employer’s contributions, the employee elective deferrals, and any forfeiture allocations).

In general, when you find the aggregate of all the elective deferrals that you made to all plans, then if the limit exceeds more than the annual limit for the participant’s elective deferral, you have to correct that mistake in the plan.

Where there are benefits, there are challenges too. So it is essential to choose the best attorney to handle all the problems from complex to the simple for this plan.

No doubt that there is a place and time of the legal counsel on an employee benefit plan. Many situations come in the ERISA/Employee benefit plan when the use of an attorney is helpful.

The best advice is to involve the legal advisor or lawyer to do all the things related to the plan of 401 (K).

Moreover. Hiring the services of the law firm should be a decision made with special care. Skill and circumspection because the risks of fiduciary liability and the benefits that you and your company take from this plan make that decision an important one.

Free Initial Consultation with ERISA Lawyer

We’ve helped others with their retirement plans, we can help you too. Call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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