Month: November 2015

A Child Guide To Utah Divorce

A Child Guide To Utah Divorce

A Child Guide To Divorce

Ogden Divorce Lawyer Series

After you have made the decision to divorce you may find it tough to really understand yourself what is about to happen to you and your family. It can be difficult to explain to your children and your family. Here is a small guide that may help you understand a loving and appropriate way to talk to your children about your divorce. As always, the best use and wisdom may be sought through counseling. Keep these things in mind when talking with your children. Child custody laws in utah

Children who are under the age of 18 months are not exempt from feeling sadness, anxiety, frustration or anger. Children of this age have limited language skills however they do have the ability to sense the environment around them and their caregivers. Often babies and young toddlers may regress or have developmental delays. They may become intolerable or extra clingy. Emotional outbursts are not uncommon. Due to the language difficulties and how young they are the best thing you can do is provide as much consistency and calmness as possible. The more predictable your behavior is the better the child will respond.   Routines are key at this age. Make sure security items are available. Adequate sleep for both the parents and the children will also ease tensions. Nutrition is very important as well as routine eating. The more consistent you and your child are the easier the transition will be into the new family structure. Custody lawyers in utah

When the child is a toddler it is important to understand the primary social bond is with both of the child’s parents. Anything from illness, death, divorce or even moving can disrupt their little world. It can make things very difficult to understand or accept. Children of this age think that the world revolves around them. It really does! From the time there little feet hit the floor, the parents are chasing them from one end of the day to the other. This is the age group where children believe that they are the reason for the breakup of the family. The tantrums may increase and they may want a lot more attention that you can provide or feel necessary. Some children will begin to regress back to earlier developmental stages such as wetting themselves after potty training, thumb sucking and sleep arrangements that are demanding.  During this transition it is hopeful that the parents can work together. Developing routines and predictable environments will help the child know what to expect. Quality time and finding extracurricular activities will help the child to have an outlet. Reassurance that the child is not responsible for the breakup is important. To approach that subject, seek the advice of a knowledgeable counselor. Discussing the child’s feelings is important if the child is ready and emotionally capable. Divorce lawyer in utahFamily attorneys in utah

If your child is a preschooler be prepared for a power struggle. These little fire crackers do not like change. They do not care if the change is for the better, they just want everything to always be the same. Children of this age often feel out of control because they can’t change the outcome. As with toddlers they also feel responsible for their parent’s divorce or separation. They have a really hard time understanding the future a lack the control. They hold feelings inside and have sad unpleasant thoughts that are often brought out in nightmares. Utah child custody laws

Being open and positive can help the child appropriate their feelings. The better the parents are the more the children will mimic positive moods and attitudes. Some books are available to help children understand. All children need to feel safe and that their relationship with both parents will continue normally. Once a visitation schedule is set make sure it’s consistent and routines are still established and followed. Utah divorce lawyers

The school age kids have a more difficult time understanding the concept of divorce. Sometimes children of this age feel as if they are the ones being divorced. A lot of children in this age group believe if they are model children their parents will get back together and will often worry about the other parent dying or being ill. Some Children in this group think that they can fix the marriage and make it work.

In a lot of cases children will identify one parent over the other as the responsible parent for the divorce. They will be mean and express in different areas of rebellion. Sometimes they might fight, become anxious, withdrawn, depressed or even just plain angry. Physical symptoms may manifest such as stomachaches, headaches and will make up excuses to stay home from school, church or family events. Divorce utah right to know

In order to rebuild these little adults you have to restore their feelings of loss and rejection. They really are grieving the loss of their family. It’s important to rebuild their sense of security and reaffirm their safety. This is accomplished by each parent having one on one time with the child and encouraging real conversations about their feelings. It’s very important the child understand that blaming the opposite parent for the divorce is never appropriate and that no one is abandoning the child. Children like routines, structure and predictability. The more consistent and open things are the better off the child will respond. At this age self-esteem through team sports, friendships, school and events are all very important things. Encourage the child to participate. Salt lake city divorce

If your child is withdrawing it’s important to seek counseling.

Your Ogden Divorce Lawyer or American Fork Divorce Lawyer may be able to recommend a therapist for you. Ask your Ogden Divorce Attorney or American Fork Divorce Attorney Today.

Felony and Misdemeanor DUI

Felony and Misdemeanor DUI

Being charged with a DUI in the state of Utah can be a little unnerving and it requires some experienced legal counsel if you choose to be represented. Utah has very firm penalties for DUI cases. You can be charged with a DUI in both state or district courts. Conviction rates are very high in this state. When you are charged it does not mean that you have been convicted. There are misdemeanor and felony charges for driving under the influence. The penalties for both are very different. Drunk driving defense

A good attorney will help you in your case to represent you and prove your innocence. They can also help limit or find the best outcome by working with the prosecutor before a plea or conviction is accepted. Your American Fork Criminal Defense Attorney or Ogden Criminal Defense Attorney is knowledgeable and can fight for your rights. Have a strong defense is your best bet when you are charged with a DUI. Dui attorney utah

In Utah the criminal code is set up to categorize different crimes into classes of felonies and misdemeanors. The greater offense would be a felony and they carry heavy sentences and sometimes will have longer jail or prison sentences than a misdemeanor. The courts consider history and impact or injury in each case. The severity or the crime will determine which class the DUI will call into. The more severe the injuries the greater the chance for a felony DUI. Dui attorney utah

There are certain criteria that can change a misdemeanor DUI to a felony by a process called upgrading. This includes prior offense. After (3) DUI offenses a misdemeanor DUI may become a felony. Victims of your DUI dying from injuries sustained in the accident or any history of death by vehicle including homicide. A conviction history becomes a key player in your case. The more DUI offenses you have the more likely your current charges are to be upgraded or enhanced. Salt lake city dui attorney

Some of the penalties for a felony could include jail from 2 months to 5 years in prison. Fines from $2700-$9000, treatment program participation, probation and loss of driving privileges. Dui attorney utah

Felony and Misdemeanor DUI

Misdemeanor DUI charges involve cases where there were not as severe circumstances. They can include some very serious consequences. The laws are specific on repeat offenders. It is imperative to avoid conviction on and DUI.  There is a sentencing hearing that is for less serious criminal offenses. These sentences include jail time. As little as 48 hours and some times up to 10 days on your second offense. The maximum jail sentence is often 6 months in the county jail. All DUI sentences will include some type of fine and most likely a suspension to the driving privileges. Best criminal defense attorneyBest criminal defense lawyer

The first time could have a suspension from 120 days to two years and after your second offense your license could be suspended for up to two years. Fines range from approximately $1400-$1900 and sometimes include additional fines and fees. Probation may be a term of your sentence and first offenders can get lessened probation. Repeat offenders may be placed on supervised probation. Utah criminal defense attorney

Prime for Life classes have been tested to help assist and reduce the chances of repeat offenders. Utah imposes screenings for drug and alcohol. This may be in combination with classes for drug and alcohol abuse. Convicted offenders are required in Utah to attend the classes in an effort to limit the risk of repeating DUI behaviors. Utah attorneys

American Fork Criminal Defense Lawyer Ogden Criminal Defense Lawyer Salt Lake City Criminal Defense Lawyer at Stevens and Gailey are here to help you through your DUI.  Call us today for your Free Consultation.

Felony and Misdemeanor DUI

Utah DUI & Your License

Utah DUI & Your License

After you have been pulled over and the thought quickly settles in the knowledge that you have been charged with a DUI don’t panic just yet. There are American Fork Criminal Defense Attorney andOgden Criminal Defense Attorney that have defended many in DUI cases. Many Attorney’s will do the drivers licensing hearings for you in an effort to preserve your licensing privileges. If you miss a deadline or forget to fax the number you were provided, you risk suspension due to an administrative error. The rules are not forgiving and they are often complex. Unlike other criminal cases, DUI defense is a specialized type of defense. Not just any attorney can or should represent you. The American Fork Criminal Defense Lawyer or Ogden Criminal Defense Lawyer should have additional training, positive case resolution history experience and a good working relationship with the prosecutor.

After a DUI has occurred it is imperative that a hearing is requested with the Drivers License Division. This must be done within 10 days after the DUI was issued. That is NOT ten working days. It is ten consecutive days including holidays and weekends. The rules are very specific. If the request timeline is missed that is virtually nothing you can do. Occasionally an individual will be allowed to request a review for a late hearing. These requests are rare and are generally not granted. Remember, you can fax or take down your hearing request to the Driver License Division in person, but do not miss that ten day deadline. I recommend you go the day after and just get it done.

One very important step to take is to get all of your reports. In the State of Utah you are entitled to all of the reports for your DUI. This includes any testing, results, video, reports, etc. If you don’t ask for it you run the risk of going into the hearing without adequate time to review all of the evidence that will be used at the hearing.

Utah DUI & Your License

After you have reviewed all of the information it is important to decide which items don’t make sense to you. Choose your battles wisely. Make sure you ask the right questions during your hearing. If you believe that a procedure was done incorrectly ask the officer where his or her training was and to describe each test and the procedure. You can even ask how many times he or she has performed the tests. If you are looking for facts it will not irritate the hearing administrator. If you begin accusing and being rude, insubordinate or unable to follow the rules the hearing officer will likely move on and that could hurt your case. Make sure you do your homework and you are sure of the problems with the case.

If all else fails and you loose with the Driver’s License Division, you have the right to appeal. A few weeks after you have the hearing you will get a notice in the mail. It will include the date your driver’s license will be suspended if this is your first DUI. You can request a review but it must be done in writing and must be done before it is suspended.  If you get the review letter back saying that they are still suspending you do have options. You can appeal to the local district court and have your case heard in front of a judge instead of a hearing officer.  You should probably be aware that in Utah the AG’s office will usually take the case and the prosecutor in charge of these cases is very skilled and talented as well as aggressive so be careful going in not represented by an attorney.

In the end if you lose the appeal you still have rights to take your case before the Court of Appeals and the Supreme Court but do know that there has to be something very wrong with your case for you to win at that level.

It is very important to remember that the Drivers License hearing is separate from your criminal case. While the information between the two will involve the same incident and evidence they are handled separately at the beginning. Having a knowledgeable attorney with experience and the ability to represent you is paramount.

If you or someone you know is facing a DUI help is only a phone call away. It’s worth the call for peace of mind and some advice on how to regain traction in your case.

Utah DUI & Your License