This kid who is 17 was innocently playing around with his younger cousins, when one (a 7 year old girl) sat on his leg with her private area on his leg. He is a very sensitive guy with anxiety so he notices these types of things. She began talki...
Ultimately the question of guilt is answered by the jury. There appears to be no intent, which is something the prosecutor would need to prove. If the facts are solely as they have been described by you it would seem to be a questionable case. However, it is generally unwise to speak with law enforcement without an attorney. If there is a real ongoing concern or police involvement get an attorney.See question
My DUI case has been dismissed. Is there still a chance my licence could be suspended at the DLD hearing?
This would seem to be a rather unusual situation, although the DLD action and the Court action, although related are separate. The loss of the license at the DLD hearing is based on a number of factors as established at the hearing. If you lose your license at that hearing you can petition the court for reinstatement. Ultimately it would probably be in your best interests to hire an attorney to attend the DLD hearing for you. Most will do it for less than $1000. An attorney will likely know more about what course to take to give you the best chance keep your license.See question
About two years ago I was charged with a misdemeanor of poss/para. I was given a class to take and then had 20 hours of community service to complete. I completed the classes quickly, but I had the community service extended twice because of movin...
Always a possibility, but not tremendously likely. The intention with the suspended jail sentences seems to be to have something hanging over the defendant's head. As a matter of practice, judges tend not to put people in jail until they have been given several chances to comply. If everything is done by the time you show up for the contempt hearing, express your remorse and hope for the best. The judge can always do what he wants, but I would expect your case to be closed, it is a misdemeanor drug offense with what sounds like no victims, not a serious crime.See question
We recently separated she been acting weird for almost a year until she didn't come home to sleep for days. Obviously cheating but not enough proof only text and audio but I found a porn video of her online. It destroy me Van I sue her Murray Utah
Anyone with a claim and a filing fee can bring a lawsuit. It would seem that if you wanted a fault based divorce you would likely be granted one based on your proof of her adultery. You might be able to get an award of alimony or a greater share of the marital assets to help you with costs of counseling or otherwise. If you were looking to sue her for damages the claims you would be looking like sound as though they would be either intentional or negligent infliction of emotional distress.
Under Utah law, intentional infliction of emotional distress consists of four elements:
(i) the [defendant's] conduct [complained of] was outrageous and intolerable in that it offended . . . generally accepted standards of decency and morality;
(ii) [the defendant] intended to cause, or acted in reckless disregard of the likelihood of causing, emotional distress;
(iii) [the plaintiff] suffered severe emotional distress; and
(iv) [the defendant's] conduct proximately caused [the] emotional distress.
To succeed on a claim of intentional infliction of emotional distress, a plaintiff must demonstrate that the defendant:
intentionally engaged in some conduct toward the plaintiff,
(a) with the purpose of inflicting emotional distress, or,
(b) where any reasonable person would have known that such would result; and his actions are of such a nature as to be considered outrageous and intolerable in that they offend against the generally accepted standards of decency and morality.
If you have the facts for either you may be able to succeed, although those are generally difficult cases to prove.
I was awarded alimony after my divorce but now my ex husband wont pay and it is going to a trial hearing. What does this consist of my lawyer has never done one. His income is actually more then when we got the divorce so income isn't the issue. H...
It sounds like your attorney may have explained things as well as possible, leading to some confusion. It may be beneficial to talk with your attorney and find out exactly where in the process you are. After that, if you don't feel comfortable with your attorney you might seek out other counsel as trust in the attorney client relationship is critically important.See question
I have been in the hospital a few times this year also had medical procedures done. And I have been treated for a really bad flu like symptoms for MONTHS. I went to see my Pulmonolgist and he ran a few lab tests. They called me Thursday telling...
anyone can file a lawsuit with a claim and a filing fee; winning that lawsuit is a very different stroy. In order to have a good case, you must be able to show that you got the superbugs because of a breach of the standard of care; basically that a medical professional didn't do what they were supposed to do. You must also show that the breach of care caused you damages. It sounds like you may have a case, but you should probably consult with an attorney to discuss it further.See question
It was a rainy night in my high school parking lot. I, along with a few other cars we're doing small donuts on the wet surface. A minute after I parked my car a police officer pulls up to my car and writes me a ticket. He told me that since it was...
Police say all kinds of things trying to get you to talk about your "alleged" conduct and hoping that they get an admission out of you. This is one of the reasons that hiring an attorney can be especially helpful; if the officer didn't give you the proper warnings he may not be able to use what you may have said against your own interests against you. Contact an attorney.See question
I received my sentencing in May for 12 months Supervised probabtion with random UA tests, ankle monitor in lieu of jail time and community service, 16 week DUI classes and $1600 fine. I have satisfied the ankle monitor and completed the 16 week cl...
You can ask for early release from probation. You may benefit from hiring an attorney to help with this, and to make sure you do it at the time that is most likely to get the result you want. Asking prematurely may extend the time on probation. Also, you may be able to get off of supervised probation sooner than completely off probation, which seems to be more directly your concern. Usually the Courts won't let you off probation completely until all of the terms of probation have been fulfilled which generally includes payment of the entire fine.See question
1. My wife is in Russia and cannot come back to US and we both agree for uncontested divorce. Can I send the divorce papers just via email and then she can sign them and send back via email again? 2. Will the court except the printed papers the...
All of the documents that are filed with our courts are done electronically at this point which largely gets rid of the need for original documents, so yes, email is probably sufficient. It's probably a good idea to have as much proof of her signatures as possible so that you don't have to submit the documents more than once with additional information requested by the Court.See question
My husband and I have been married five years and in that time seen several counselors, tried marriage retreats, etc. and never could make it work. We have both had emotional abuse, and he has physically abused me to the point the police and ambul...
Several years ago there was a change in how the Courts were applying the waiver of the 90 day requirement that made it much more difficult to obtain. The specific extraordinary circumstances standard seems to be applied differently by each judge. The abuse issues and prior counseling may be sufficient. I would recommend getting the petition for divorce filed as soon as you can. Often it takes longer than 90 days to get all of the issues resolved, and get language that you can both agree with. Also, it may be beneficial for the two of you to use the same attorney as a third party neutral, effectively a mediator, to help resolve any remaining issues, prepare the documents, and fully explain everything to both of you.See question