Rocky Mountain Law - Family Law - Divorce - Probate - Estate Administration - Bankruptcy - Chapter 7

  Is trial by jury the best way to decide a verdict? Tim Cella Former Paralegal at  Ascent Law  (2018–2021) Good question. More detail is necessary for me to give my non-legal opinion on this. I’ve seen  lawyers  on both sides of this fence. Most lawyers that I’ve known think criminal cases are best before a jury and most personal injury cases are best before a jury, but when it comes to contract cases,  business law cases , or family law cases, most people should have a judge. In fact, unless you want or need sympathy in your case, you should probably elect a judge if you can. I say this because on one hand, trial by jury is based on the principle of having a group of impartial individuals who are representative of the community where the trial takes place make a decision based on the evidence presented in court. This can provide a measure of accountability and legitimacy to the verdict, as it reflects the views of a diverse set of individuals an...

  What are the benefits of being in close custody? Tim Cella used to work at several law firms Hi there. I’m not sure if you are talking about criminal law or domestic law. I’ll give a general overview of both just in case. In the context of  criminal law , close custody refers to confinement in a detention facility with higher levels of security and stricter restrictions on movement and activities. The benefits of being in close custody are usually limited and depend on individual circumstances. In some cases, being in close custody may offer protection from harm or harassment by other inmates. It may also provide access to specialized programs or services that are not available in lower-security facilities. So if you were interested in criminal law, that helps you there. Under a domestic type of case, being in close custody usually means being separated from one's family and loved ones for an extended period of time. Moreover, close custody typically involves more restrictiv...

  When can I file for divorce? Tim Cella Former Paralegal at  Ascent Law  (2018–2021) Good question. First, I’m not a lawyer, and you should surely speak with a licensed  attorney  in your specific jurisdiction to get the correct answer to this question for you personally. Generally speaking, one of the most important factors in determining when you can file for divorce is where you live, as divorce laws vary by state or country. Assuming you're located in the United States, the general rule is that you must meet the residency requirements for the state in which you want to file for divorce. In most states, this means you must have lived there for a certain period of time, typically six months to a year. In Utah, you need to reside in the county where you are going to file for divorce for a minimum of 3 months. If you have minor children, the court will look at where the children have resided for the last 6 months to determine jurisdiction. In addition...

  What is the limit to punitive damages? Tim Cella Former Paralegal at  Ascent Law  (2018–2021) This depends on the type of case and the jurisdiction. Are we talking about a civil case? State court or federal court? I’ve never seen punitive damages awarded in a criminal case. So I don’t think that is possible. Punitive damages are awarded in civil lawsuits in addition to compensatory damages, with the aim of punishing and deterring the defendant's wrongful conduct. The limit to punitive damages varies depending on the jurisdiction and the type of case involved. Think of the Ford Pinto case where the internal memo showed that it would have cost Ford only $12.50 more to properly line the gas tank so it wouldn’t explode. They were just cheap and didn’t want to spend the money. That hurt them. They were hit with punitive damages. In the United States, the Supreme Court has held that excessive punitive damages awards violate the Due Process Clause of the 14th Amendme...

  How many temporary restraining orders can a person have at one time? Tim Cella Former Paralegal at  Ascent Law  (2018–2021) Are you asking about criminal or civil or both? I don’t think there is a limit. I imagine that if, for example, 10 people filed 10 cases and obtained 10 restraining orders against you; that you would be restrained from those 10 people. The number of temporary restraining orders (TROs) that a person can have at one time may also vary depending on the laws and regulations in the specific jurisdiction where the TROs are issued. It depends on where you are located for sure. Generally, a person can only have one active TRO against another person at a time, as additional TROs would be redundant or conflicting. With that being said, if multiple parties are seeking TROs against the same person, each party may be granted a separate TRO as long as they meet the legal requirements for obtaining one. It is important to consult with a local attorney o...

  What is a completed DUI while out on bail? Tim Cella Former Paralegal at  Ascent Law  (2018–2021) DUI Laws really vary from state to state. Where was the DUI charge brought? I’m familiar with Utah law; however, I am not an attorney. With that being said, it is my understanding that a completed DUI while out on bail refers to a situation where an individual who has been released on bail following a DUI arrest. If the case is “complete” that usually means that the case has been disposed of. A case can be disposed by either the defendant pleading guilty or the charges dropped. However, when you use the phrase “out on bail” that would mean that the case is not “completed.” It may also mean that the person was previously charged with a DUI offense and released on bail, but then committed another DUI offense before their trial or sentencing for the first offense. This can result in additional legal consequences, such as revocation of bail, increased jail time, and h...