Utah Immigration Law

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Utah Immigration Law

This article discusses the basics of Utah immigration law.

Definition

Illegal immigration is anyone not permitted to be in a country. For example, if someone from another country travels to the U.S. and they are not permitted to be there, they are committing illegal immigration and are considered an illegal alien according to Utah immigration law. Law enforcement personnel are required to check and verify the immigration status of anyone who has been arrested for a class A, B, or C misdemeanor, or a felony. If the officer has reasonable suspicion for someone to be an illegal alien. According to Utah immigration law, anyone can be charged with a criminal offense for transporting or harboring an illegal alien.

National Law

Utah immigration law is similar to the nationwide laws. “Secure Communities” is a federal program that ensures everyone that is arrested be fingerprinted, and that their fingerprints be scanned through a database to check for any criminal activity and/or immigration status. However, immigrants who do not have documentation still may work under the Utah guest worker program – these workers must be ‘E-Verified.

Common Problems

The United States population is 323 million, according to the U.S. Census Bureau. Common problems with Utah immigration law in Utah are the number of illegal immigrants in the United States. There were over 15 million illegal immigrants in the United States in 2015-2016 – a significant difference from 1990 when there were around 3.5 million illegal immigrants. There are 8 million unauthorized immigrants working in the United States. The United States total employment this year is around 150 million, and the 8 million unauthorized immigrants who are also employed in the United States. In 1990, there was only 3.5 million unauthorized immigrants in the United States workforce.

Deportation

There are two types of deportation: border control deportation and post-entry border control. If someone is deported back to their country when they have violated a United States Immigration law. If a family member is living in the United States illegally and the immigrant is deported, it can be stressful for them and their families.

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Utah Divorce Law – Common Problems

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UT Divorce Law – Common Problems

This article discusses common problems concerning UT divorce law.

  • Common Divorce problems – how to solve/prevent them:
  • Getting married too young is a common problem in Utah. The risk of divorce is higher the younger someone gets married – especially if someone gets married younger than 20, and/or makes less than $25,000 annually. The average age of women getting married in the U.S. is 27, and 29 for men. In Utah, the average age of women getting married in Utah is 24, and 26 for men. When it comes to deciding who to marry, one must think long term, not just short-term. If someone does this, the risk of divorce will decline dramatically; not only will individuals be more prepared for marriage, they will be choosing someone whom they will stay with. Avoid becoming involved UT divorce law by following some of this advice.
  • Divorce Education is a requirement in Utah for couples who desire divorce and have minors. It benefits individuals because it is educational, but it is required by UT divorce law and may set some people off, or create more tension between couples.
  • Parenting children can be one of the most difficult problems to deal with when it comes to divorce and UT divorce law. Divorce can affect so many people and can have the longest/hardest impact on the children of the divorced couple. Preventing/solving this problem starts well before having children, it starts with the decision to get married to the right person. Getting married to the right person is difficult, especially when emotions are high. Some couples are so in love with each other, they want to get married – in these moments, the couples should think and/or discuss long-term goals, and the direction each other would like to go.
  • Court can be prevented if the couple is uncontested about the terms of the divorce, and the court that are filed with the court does not request an informal/formal hearing, according to UT divorce law.
  • Disagreement on terms of the divorce. When disagreements happen, a court, attorney, or both need to get involved – which prolongs the length and raises the expense of the divorce, according to UT divorce law. One does not need to give up everything to their spouse in a divorce in order to have the divorce go smoothly; they need to simply work together and agree on who gets what.
  • Child Support is a common problem in the fact that in many cases, the spouse who must pay child support does not. Legal action can happen if the spouse does not pay for child support for a certain period of time. Preventing a parent from not paying child support is difficult, because the parent who has custody may not want to take legal action to make it right – they may not know why the other parent is not paying for child support.
  • How are assets split in Utah?
      1. Assets are split in Utah in various ways. One of which being right down the middle, allowing each spouse half of the assets. Part of the process of divorce is splitting up the marital property. In Utah, this is done according to “equitable distribution.” This does not mean it is done evenly. It can be, but each case is different and it is possible that the assets could be split quite unevenly.
  • How is child custody determined?
      1. In many cases, the parents will decide outside of court on who will get custody. If an agreement is made and the court rules it worthy, then that parent usually gets custody. If a couple disagrees about custody, then usually a family judge will decide who gets custody.
      2. A family judge determines which parent will get custody based on many variables. The most important variable being the child’s best interest. There are many factors that help a judge determine what would be in the best interest of the child. One example might be if one parent has already been taking good care of the child(ren) by themselves. Another might be proximity to other family and/or schools. Another factor might be if one parent is less financially stable or has any issues with drugs or alcohol.
  • How much child support will one pay?
      1. “According to the Census Bureau Reports, the average monthly child support payment is $430” (Atwood, 2016). It is important to remember that child support is not a punishment. It is not alimony. It is simply money paid by one parent to another to ensure that enough money is available to properly raise the children. The amount of time that each parent has custody can dramatically affect how much child support is owed.
  • One must pay child support in terms and variables of income of the custodial and noncustodial parent, health insurance of both parents, daycare costs, etc. Each case is different, meaning each parent who must pay child support, pays an ethical amount to compensate the divorce.

Alimony, or spousal support, is providing financial support for an ex-spouse. Alimony usually happens after a divorce, and it is implemented from a judge who determines that one spouse makes significantly more money than the other spouse, and therefore needs to provide financial support for the other spouse. Alimony is usually not required to divorced spouses who were not married for very long and/or earn similar amounts of money.

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Utah Divorce Law – Common Problems

UT Divorce Law

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Utah Divorce Law – Cost & Time

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Utah Divorce Law – Cost & Time

This article provides information about the cost and time associated with divorce according to Utah divorce law.

  • Definition: Divorce happens after a married couple does not want to be legally married and/or living together anymore; it is legally dissolving a marriage.  
  • How much does a divorce cost?
      1. There is a lot that goes into the divorce process. Filing for divorce costs $318 in Utah, however, there is a lot more to a divorce than just a small fee. Let’s list some examples and how much they cost:
  • Mutually agreed divorce: When a couple can agree on the terms prior to them filing for divorce, the cost can be significantly lower than if they are not on agreeing terms. The average cost of a divorce when both parties already agree on all terms for the divorce can be as low as $100-$400. When they are not on agreeing terms, it can involve divorce attorneys. Most divorces are far more expensive than just a few hundred dollars.
  • Having Minor Children: Filing for divorce while they are minors involved can make it more lengthy and costly. What this really means is that attorneys need to be involved in order to complete the divorce process. The average cost of a divorce according to Utah divorce law is in Utah is $13,200, including around $10,000  in attorney fees. The average hourly rate for divorce attorneys in Utah is $250, it takes on average 53 hours total work time to start and complete a divorce.
  • Disputing over Alimony: Alimony is the financial legal obligation for a spouse in the event of a marriage separation or divorce. In the event of a divorce, sometimes there are disagreements over how much support one spouse is willing to provide.
  • Property Division problems: When a couple file for divorce, one major component of the divorce according to Utah divorce law is the division of property. Property can be one of the most disputed issues in any divorce. In other words, who gets what?
  • Do-It-Yourself: Utah divorce law says that if both spouses are in full agreement to all of the terms of the divorce, then a Do-It-Yourself or DIY divorce can be an option that is much cheaper. In Utah, there are clinics that offer their DIY divorce for a price much lower than that of one that involves a divorce attorney. If a couple file for divorce and they do not have minor children, the total DIY divorce is $543, which includes the $318 Utah divorce filing fee. If a couple file for divorce with minor children, the DIY divorce is $643, which includes the $318 Utah divorce filing fee. Keep in mind that many who choose to undergo a divorce without professional legal help end up dealing with long-term unfortunate consequences down the road.
  • How long does a divorce take?
    1. Utah divorce law says that a divorce has a minimum 90 day mandatory ‘waiting period’ – this is a time where the spouses should ‘cool off’ and helps many people make rational decisions because emotions won’t be so high. Once the 90 day waiting period is over, the divorce may be completed – it will take at least 90 days to complete.

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Southern Utah Criminal Defense

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Southern Utah Criminal Defense

In this Southern Utah criminal defense article, we will discuss the definitions of different types of crimes, how they are prosecuted, and more.

  • Definition: (mostly with lawyers) the act of defending individuals and companies who have been charged with criminal acts. Prosecutors attempt to prove the defendant guilty by using evidence in a trial in accordance with Southern Utah criminal defense practices, sometimes taking place in court.
  • Common Problems with Defense Cases: Let’s first establish what must happen in order for a person to be charged in a trial: a Southern Utah criminal defense prosecutor has to “prove (the defendant’s) guilt beyond a reasonable doubt” (Nolo, Defenses to Criminal Charges). The person being convicted can defend their case, usually by hiring a criminal defense lawyer. Some of the most common problems with defense cases are:
  • I didn’t do it: there are many cases where the defendant simply says they did not do what the Southern Utah criminal defense prosecutor claims they did. “All people accused of a crime are legally presumed to be innocent until the point of conviction” (Nolo, Defenses to Criminal Charges). Because of this, the defendant is innocent until theSouthern Utah criminal defense prosecutor can find enough evidence to prove them guilty beyond a reasonable doubt.
  • Alibi: The defendant may have a convincing alibi. An alibi is a claim the defendant was somewhere else other than the scene of the crime when it happened.
  • Self-defense is claimed by defendants who are charged with violent crimes. The defendant may claim that his/her reasoning for committing the crime was in self-defense, as per Southern Utah criminal defense regulations.
  • Insanity Defense is a claim that the defendant was unaware of what they have done was wrong. This can result still in being the defendant being convicted, but because of the insanity defense claim, the charge may be lesser than normal.
  • Under the Influence is a claim that defendants use in cases where they may have been intoxicated. Whether or not they were, they can argue that they could not make proper decisions because of the alcohol, and therefore should not be charged. This argument only holds weight for certain types of crimes.
  • Types of Crimes: There are many different types of cases for Southern Utah criminal defense lawyers to defend:
  • Domestic Violence crimes are usually violent crimes where one or more persons are injured or killed by a relative. According to the National Coalition of Domestic Violence, there are more than one million women that are victims of domestic violence (Mukherj, FindLaw).
  • Homicide is when someone kills another person, whether the killer intended to take the life of the other person or not. Homicide, as bad as it sounds, it not always considered a crime. Many cases consist of a homicide killing, but the killing was strictly in self-defense. Also, those executed on death row in a state-sanctioned facility fit into this category of homicidal, but not illegal. First-degree murder is a charge given to those who are found guilty of a planned, premeditated killing. Second-degree murder is a charge given to someone who had the intent to kill someone, but the killing was not premeditated. Voluntary manslaughter is a charge given to someone who did not plan to kill anyone but in the “heat of the moment”, decided to kill someone (FindLaw, Homicide). Involuntary manslaughter is a charge given to someone who unintentionally killed a person, such as a driver who was killed by a texting driver. All of these definitions and delineations apply to Southern Utah criminal defense.
  • Sex crimes usually consist of an individual who illegally performs or coerces sexual conduct with another person. Rape and assault are some of the most common crimes. Criminals convicted of a sex crime are considered a “sex offender”.
  • Drug possession is a criminal act if the drugs are illegally in possession of who was caught. Some Southern Utah criminal defense attorneys are skilled enough to pressure the prosecutors to show that the drug did not belong to his/her client.
  • Driving Under the Influence or DUI is driving under the influence of alcohol that is illegal in all fifty states; also known as Driving While Intoxicated.
  • Alcohol plays a large part in crimes today. There are several different kinds, such as DUI, a minor in possession of alcohol, and others.
  • Crimes against children could be that of neglection of children, physical and/or emotional abuse. Children are very vulnerable to adults because children need to be guarded by an adult(s).
  • Cyber crimes are crimes committed online, or with the help of something that was from the internet. Social media can be used for cyber crimes, such as bullying and sending explicit photos via smartphone, also known as sexting. Other cybercrimes could be identity theft, or computer crime/theft.

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Southern Utah Criminal Defense

Southern Utah Criminal Defense

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Utah Criminal Defense: Crime, Court & Bail

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Utah Criminal Defense: Crime, Court & Bail

Let’s begin with crime. Crime is defined as “an unlawful act punishable by state or other authority”. Crime in Utah is on average, lower than the national rate. When someone commits a crime, they are punishable by law, and usually, are arrested and placed in prison. Depending on the severity of the crime and according to Utah criminal defense laws, they may have a court date set for to resolve the crime. Some criminals are allowed to be ‘bailed’ out of prison temporarily, ONLY if they pay a certain amount of money and promise to return to court on the exact date they are given to do so.

Court

Court is a governmental system that consists of people playing different roles in order to handle, and complete disputes – all handled in a legal process. In court, a judge and jury are assigned to specific cases in which they make legal decisions. When there are situations where people argue about, disagree on, or are unable to make a decision, this can be taken to court to be resolved. The court has the authority to make final decisions about certain situations when different parties may not be able to make themselves, according to Utah criminal defense laws. Also, the court will decide on who has to do what in order to resolve the case (e.g. jail time, community service, fines and/or fees).

Bail

Another common aspect of Utah criminal defense is bail. When someone has been arrested and put in jail, a court will assign them a trial date – this can be weeks away. During the waiting period, some inmates are allowed bail, which is to pay money to the court system or pay a bail bond company to bail out the defendant so they can be temporarily released from prison. The defendant, while temporarily out of prison, MUST return to court on the specified date. 

How much does bail cost?

Bail in Utah is usually twenty percent of the cost of the defendant’s criminal history, the kind of crime they committed, or the severity of the crime. A class C misdemeanor for a defendant that has never been accused of a class C misdemeanor before, their bail will cost $340. If someone is accused of a felony, their bail will usually cost at least $5,000. Also, if a minor is accused of a crime, their bail tends to be lower than the price of an adult; also, Utah criminal defense and the severity of the crime will determine the amount.

Crime in Utah

  1. Crime in Utah is evaluated by “Neighborhoodscout” – about 30 of every 1,000 people cause property crimes in Utah, and about 2-3 of every 1,000 people cause a violent crime in Utah. In total, there are about 32 people of every 1,000 that will commit a crime.
  2. The National robbery crime rate is 1 out of every 1,000 people; the Utah robbery crime rate is .44 out of every 1,000 people.
  3. The National assault crime rate is 2.38 out of every 1,000 people; the Utah robbery crime rate is 1.35 out of every 1,000 people.

What if the defendant does not go to court when they are required?

According to Utah criminal defense, if the defendant does not return to their court date, there are a number of things that can happen. First, a bench warrant will be out for their arrest. Once arrested, there usually is the option for bail, but the bail price may be higher than the original price because of the missed court date. Second, if the defendant continually fails to attend court dates, the court can issue their arrest with a supplement ‘no bail’ warranty, meaning that once arrested, there is no option for bail once in prison. In conclusion, don’t miss a court date.

Public vs. Private Lawyer

When someone has been charged with a crime, that person has some decisions to make about their upcoming trial. Hiring a private or public lawyer as a form of Utah criminal defense are some of the options the defendant has for their trial. Depending on what kind of crime, and the severity of that crime, the defendant might benefit from either a public or private lawyer. There are benefits to both lawyers, however.

  • A public defender is a lawyer who the court chooses to represent the defendant. Generally, public defenders are hired because the defendant cannot hire a private lawyer; who can be very expensive. Because the public defense lawyer is hired by the court and appointed to the defendant, the defendant does not have to pay for the public lawyer. The government is in charge of paying the public defense lawyers. Public defenders are hired by the government and are paid at a fixed rate each year. Keep in mind that at times, public defenders may have a very heavy workload thus perhaps not giving a client the same amount of time and attention that a private lawyer may provide.

A private lawyer is someone who is hired by the defendant and therefore has to pay the private lawyer at their own expense. Given their workload, private lawyers can choose to accept or deny cases which allows them to give specialized time and effort towards each case. Because they are able to prioritize the cases, they usually are expensive when it comes to their services – those high expenses, however, may pay off because the difference between winning or losing a case can be how much time the lawyer has to allocate for that case.

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Utah Criminal Defense: Crime, Court & Bail

Utah Criminal Defense

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