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Nathan E. Burdsal

Nathan Burdsal’s Answers

48 total

  • My wife and I were charged with lewdness while on vacation. Can i get our charges reduced?

    I am almost 40. We both have clean records. This was our first vacation ever without our kids. We were visiting Utah but we reside in Idaho. We decided to add some "spark" to our marriage and went into some trees by our hotel. We have never done a...

    Nathan’s Answer

    Here is the Utah Code for lewdness.

    I agree that you should probably speak with an attorney about your case. You may have committed a crime, but a prosecutor has discretion. You may be able to get the charges resolved without having to appear in Utah via a plea via affidavit. Given your clean records, a prosecutor will likely accept a diversion agreement wherein you pay a fine, but in the end the charge is dismissed and it is as if no crime was ever charged.

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  • I got a dog three days. The owner said to take it abd try it snd keep in touch. Well this dog killed another dog in neighborhood

    No paperwork was signed on the dog. The owner via text told me the dog was not aggressive to other dogs and that she had never bitten before. I started to notice aggressive behavior from the dog to other animals. I asked the owner again she said n...

    Nathan’s Answer

    Short answer - you are probably liable.

    Long Answer - there may be other factors to consider here. (1) was the dog locked up in your yard, (2) was your dog restrained, (3) was the other dog the aggressor?

    If you can demonstrate these items, you may be able to show that you are not liable (criminally or civilly) for your dog's behavior. However, if you had a dog for a few days and let it run free, and while it was roaming it killed another dog, you will be responsible.

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  • Why does my attorney want me to settle my case out of court when the accident was not my fault ?

    I was involved in a auto accident was diagnosed as whiplash neck and back injuries along with 2 fractured ribs causing an enormous amount of pain and suffering, After my attorney claimed I would receive less money if I was to take my case to litig...

    Nathan’s Answer

    There could be a lot of things going on here, some of which you may not even be aware of. Here are two possibilities:

    (1) your attorney does not want to try the case because of cost/time. You say it is not your fault, but has the insurance company admitted liability? Is the police report clear that the other side is at fault? If you take this case to court, you may end up having to hire an accident reconstruction to prove that you are not liable for the accident. This is costly and given your relatively low medical bills, probably not cost effective.

    At trial, you also carry the burden of proving damages. Some factors could be previous medical ailments that you had prior to the accident that would greatly reduce your settlement. In any case, you may need to hire another expert witness here. Again costly and maybe not cost effective.

    (2) Your attorney knows something you don't or you are not explaining. Like past medical ailments, your condition at the time, the police report, eye witness statements, or other factors that reduce the value of the case.

    A general rule of thumb is you should be between 2.5 and 3 time actual damages. So, I would guess you should be able to settle this case for between 12k and 15 k. If that is the ball park of the offer, then your attorney may be saying this: "This offer is as good as going to court, and you wont have added expenses to pay or risk." If this is the case, take the offer.

    A possible suggestion - binding arbitration. If you are really unhappy with the offer, ask your attorney to pursue binding arbitration. You are under the arbitration cap, it will be significantly faster, and you may get a higher settlement. Just a suggestion though.

    A second suggestion - if you do not understand your attorney, ask her or him. Say, "I don't understand why you are recommending we settle for this amount, can you explain it to me please?" Take notes. Feel free to consult with other attorneys to see if they concur. In other words, take some onus to communicate with your attorney and understand what is going on.

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  • Should the amount for Cash on Hand on Schedule B include the Filing Fee if I am paying the fee with cash?

    I am filing Chapter 7 no assets in California Central District (Woodland Hills). If I have $400 in cash, and will be paying the filing fee out of it, then I will only have $100, so which amount to I put down on the Schedule B? Also, I pa...

    Nathan’s Answer

    Put $100.00 as the amount of cash. That way it is accurate at the time of filing.

    I would also recommend putting $3,000.00 as the amount in the bank at the time of filing. You will be asked to provide bank account statements showing the amount you had in your bank account on the date of filing.

    Finally, having $3,000.00 in hard cash will certainly unsettle your claim of "no assets." You may end up paying and should probably talk with an attorney.

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  • Utah shoplifting charge at Walmart.

    18 and the total was 300. This is "technically" my first offence because my previous offence, I was a minor. I don't have the money to pay for an attorney or the charges itself. Can I talk to Walmart security and ask them to drop criminal charges ...

    Nathan’s Answer

    Probably not. Firstly, Walmart has no incentive to make this a civil matter. The police will be their enforcers and make sure they are repaid. Why would Walmart pay its lawyers to hound you to pay when law enforcement will do it for free? Secondly, retail theft is enhance-able offense. Meaning your second charge will be more significant than your first. Thus, many retailers believe it is their moral duty to help prosecute offenders.

    You are probably best served talking to the prosecutor and simply asking, what is the best deal you can offer me? and explaining your financial circumstances. Don't argue facts of your case and don't admit anything. You will likely end up pleading guilty, having a fine (that you can pay over time) having a restitution amount that again you can pay over time, and will need to take a theft class.

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  • Is it possible to talk with the prosecuting attorney before my court date, to explain my situation better and come to a deal?

    Its over me getting pulled over, with no insurance, revoked registration, suspended license. I cant do any jail time, I have my own apartment, a full time job that requires me being on call four nights a week, and a baby on the way, my girlfriend ...

    Nathan’s Answer

    Certainly. However, from experience many prosecutors are much less likely to give you a nice "deal" than an attorney. You may want to hire one to help you here as you will probably end up paying your attorney plus fees less than if you went your own way. Also, an attorney is not likely to inadvertently admit things that later get used against you.

    If you go it your own though, either simply attend the initial hearing, plead not guilty, and ask to speak with the Prosecutor when they are through.; OR call the prosecutor's office and try to get a brief appointment to discuss the case. The prosecutor may be willing to meet with you early and get a nice resolution with only one hearing. Either way, the answer to your question is yes, it is possible to speak with the prosecutor to explain situations and come to a deal.

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  • I was cited for theft. I have never done anything wrong. Don't know what I was thinking. Am I going to go to jail? I'm so scared

    About a month ago I was informed that chemotherapy wasn't working and that I would need to start radiation, with a small chance of curing the stage 3 throat cancer I am suffering from. Two days after I when to the store. I don't know what I was th...

    Nathan’s Answer

    Unless you stole $10,000.00 worth of diamonds, Jail time is most unlikely. It is probably in your best interest to meet with an attorney who can negotiate a plea deal for you. Likely you can expect a court fee, a theft class, and 6-month probation. Depending on the circumstances, you may get a plea in abeyance and fine. This means the charge will be put to the side and re-brought if you get into trouble again during a pre-determined period. However, some jurisdictions will not give a plea in abeyance for shoplifting because it is an enhanced offense if you are ever caught again. I would recommend contacting an attorney who can mitigate the damages.

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  • I am a victim of forgery. My wife at the time forged a warranty deed and had her friend notorized it .

    This was all done without my knowledge. Can I sue the title company for accepting and filing the forged and fraudulent, and can I sue the woman who notorized the phoney document as a favor to my ex-wife?

    Nathan’s Answer

    Firstly, you certainly can sue your ex-wife and the notary for a litany of actions including fraud, conspiracy, theft. This is also criminal, so if I were you I would certainly contact Salt Lake County Sheriff's office and report this.

    Secondly, you may be able to recover the property through a quiet title action. However, your ability to do so may depend on the status of the purchasing party and whether he/she is a "bonafide purchaser for value."

    Finally, there is probably nothing you can sue the title company for. They do not owe you any specific duty. However, they may provide an attorney for the purchaser.

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  • I want to know what my chances are of gaining full custody of a child

    My wife and I recently adopted a child together. Two years ago she was unfaithful in our marriage and had an emotional and physical affair, I found out yesterday through text to her she has been unfaithful again, I'm not 100% sure it has been a ph...

    Nathan’s Answer

    I am making an assumption here that your question is, "what are my chances of gaining full custody of a child if I get divorced from my wife because she has had multiple affairs."

    There is no hard and fast rule that determines who gets custody in a divorce. The court will seek the "best interests of the child" and will look at a number of factors including age of the child, relationship with the parents, who cares for the child, etc. to determine best interest. Just because your wife has been unfaithful is not necessarily grounds to determine what is in the child's best interests. However, other factors may very well come into play.

    You probably need to speak with an attorney to determine what the best course of action should be.

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