In 2010, the ACLU issued a report on Utah public defenders that said the state was failing to provide defendants with adequate representation.

“Threadbare budgets” and large caseloads
A recent Salt Lake Tribune Article stated that most counties in Utah employ a contract system method for public defense. According to the article, “this system is widely regarded as the ‘least effective and most problematic method of public defense.’”

Rather than use a public defender’s office, the county gives contracts to private attorneys, to take on low-income clients. This contract is often awarded on a bidding system—and these contracts are usually awarded to the lowest bidder, regardless of experience. There is no limit to how many clients these attorneys will need to represent.

As cited in the article, according to Ken Hart, executive director of the Utah Association of Criminal Defense, “‘[t]his provides a disincentive for attorneys to fight hard on behalf of their indigent clients.’”

An individual who must use a public defender faces several disadvantages:
1. Public defenders are not compensated for anything other than your basic representation, so they do not have incentive to come visit you in jail, to hire expert witnesses, or acquire expert witnesses to testify in your case.
2. Public defenders receive a “fixed” rate for all cases they will take that year—this makes it difficult to dedicate a lot of time and attention to your case, because they often have so many other cases to deal with.
3. Under the public defender system, your attorney will not represent you on related civil or administrative matters such as a suspended license hearing.

Even in counties where there are public defender offices, attorneys will face large workloads and limited time. In order to help these attorneys manage their caseloads, these counties may also sub-contract legal work to private attorneys, also using a bidding system.

This can seriously affect how your case is resolved. In 2007, The New York Times published a study that found the average sentence for public defender clients was almost three years longer than the sentences of individuals who had hired private attorneys.

The Advantages of Hiring a Private Attorney
As private attorneys, we control the number of cases we take, so we can give your case specialized attention. We have worked for many years with the State Attorney’s Office in Utah, Salt Lake, Wasatch, Duchesne, Carbon and other counties, and can work to make sure your side of the story is told and that you are well represented in Court. We can attend to civil or administrative matters, such as hearings regarding your suspended or revoked driver’s license. Lastly, we pride ourselves on having satisfied clients, so we will work diligently to achieve the best resolution for you

Contact us for a free case evaluation today:  801-709-6309.

If you think you have a serious injury (such as fractures or internal bleeding), first go to the hospital for an examination and/or X-rays.  The doctors will make sure that you are stable and will check for life-threatening injuries.

Even if the hospital doctors do not find any life-threatening injuries, this does not mean that you have not been harmed.  If you are in pain, a health care specialist should quickly examine you—be it your family physician, doctor of osteopathic medicine, or a chiropractor— to determine the source of the pain. Since the muscles and ligaments that stabilize the spine are particularly vulnerable to injury in a car accident, it is important to quickly establish whether your spine has been damaged or become misaligned.  Your health provider will therefore order X-rays of your spine and/or neck.

Serious symptoms can result from spinal injury and/or misalignment, including:

neck pain

upper back pain

lower back pain

headaches

whiplash

pinched nerves

organ problems

limited range of motion

It is essential that you receive rapid treatment for an injured spine, particularly if the spinal vertebrae have become misaligned. As the soft tissue around the spine heals in the weeks following the accident, the muscles will again try to stabilize the spine—i.e., lock these joints down into their misaligned position.  This can lead to a host of symptoms (some listed above) that may occur months or even years after the accident happened.

Your car insurance will usually pay for the first $3,000 in medical bills related to treatment for your injuries.  You can also receive additional medical treatment without paying the bills up front.  If you have been in a car accident and suffered an injury, contact an attorney to discuss the financial options available to you.

Before filing for bankruptcy, you can take steps to protect your property.

You can use your tax refund to buy things that are exempt:  food, some furniture (such as bedding) and clothing.  You cannot give the tax refund money to friends or relatives, not even to “hold” for you until the bankruptcy is finished.  You cannot use the refund to make payments to a favored creditor within 90 days before filing bankruptcy,but you can make regular monthly payments on cars, homes, phones, and utilities.

Getting Help

.  Does filing bankruptcy makes sense in your circumstances?  Contact us for a free consultation: 801-709-6309.

1. If your vehicle skids: Skidding is caused when the rear wheels of your vehicle lose their grip and pass to the front. To correct any skid, let up on the gas and gently turn your wheels in the direction you want to go. Do not re-apply the gas until you are safely driving again.

2. Drive more slowly than the posted speed limit. Add extra distance between you and the car in front of you, so that you can brake comfortably if the car in front of you stops suddenly.

3. Anticipate turns and stops and approach them gently. Don’t apply the gas or the brake while turning. Your tires could lose traction, making you lose control of your vehicle.

1. Know your rights.

Collection agencies are restricted in how they can collect a debt from you by the Fair Debt Collection Practices Act (FDCPA). They cannot use abusive or profane language. They cannot contact you at any unusual time—only between 8 am and 9 pm, unless you agree otherwise. Collectors cannot contact you at work if they’re told that you’re not allowed to take calls at work. They are limited in what they can say to your friends or family members. See the section below, Inform Others of their Rights.

An original creditor can be exempt from the FDCPA. Business debts are not covered by the FDCPA.

2. Verify who is calling. Make sure you owe the debt.

The collector must send you a “validation notice” five days after they first contact you. This notice tells you how much you owe and the name of the creditor, as well as how to file a dispute if you don’t agree that you owe the money. If the collection agency does not send this to you, notify the collector in writing that you want a verification of the bill. If you dispute this debt, you must send a written response within thirty days to inform the collector of this. If you agree that you owe the money, you can set up a payment plan with the collector and/or contact an attorney to discuss your case.

3. Make sure all communication is in writing. Keep copies of all letters, payment agreements, bills, and processed checks.

It is a very good idea to make sure all your communication with the debt collector is in writing. If you don’t want to speak to the collector on the phone, write them a letter telling them they must communicate with you in writing to collect the debt. Make sure to include a statement that your letter is not meant in any way to acknowledge that you owe this or any other sum of money. Send the letter (and other correspondence) by Certified Mail, Return Receipt Requested.

A debt collector cannot contact you directly if you are represented by an attorney.

4. Inform others of their rights.

A debt collector cannot ask your family, coworkers, or employers or friends anything other than your current location and how to contact you. Collectors cannot tell the third party you owe a debt, unless that third party is a cosigner, executor of your estate, or your guardian (if you are under age 18). If they are calling you at work, make sure to tell them your employer does not permit such calls during the workday and the calls must stop. If you or your family feels that you are being harassed by a collection agency, keep a written record of all your calls and contacts. Contact an attorney.

This list is not intended to be comprehensive, and does not constitute legal advice. For a FREE consultation, contact Liberty Law today: 801-709-6309.

Other helpful information:
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm.

This amount of money is called a “reserve,” and insurance companies first decide what the reserve will be with little information—usually your name, address, and a brief description of the accident and/or injuries.  How do you get the reserve as high as possible?  Here are some helpful tips:

Within 15 days after you report a claim, your adjuster should finish a report of the accident.  This report details your insurance coverage and lists any liabilities, injuries and/or damages from the accident.  After this report is submitted, your insurance company will increase or decrease the reserve amount to settle your case.  It’s very important that you document injuries and damage to your vehicle (pictures, written statements, medical records, etc.) and submit this information, along with any medical bills, to your adjuster as soon as possible.  The insurance company can then increase the “reserve” amount needed to pay for them.

What if you need ongoing treatment—how will this be reflected in the reserve amount?  It is helpful to know that the adjuster may continue investigating your claim after the 15-day report; he or she often will file a second report with the insurance company after a 30- to 90-day investigation.  This allows you time to gather all your medical bills and receive treatment.  Make sure you are constantly informing your insurance adjuster of these increasing medical bills so he or she can put this in their report.

Your personal injury attorney will discuss these things with the adjuster to obtain the highest compensation possible for your accident.  If you want to avoid litigation, it’s important to contact an attorney and begin your personal injury case as quickly as possible.  Contact us at Utah Liberty Law for your FREE consultation:  801-709-6309.

If you are granted Deferred Action Status, you will not be removed from the U.S. and you can apply for a work permit. The work permit and Deferred Action Status are valid for two years. After two years, you can apply to renew both the Deferred Action Status and the work permit.

You can apply for Deferred Action Status if you:

1. Were under 31 years of age as of June 15, 2012;
2. Came to the United States before age 16;
3. Entered the U.S. without inspection before June 15, 2012, or had your lawful immigration status expire since then;
4. Continuously resided in the U.S. since June 15, 2007, up to the present time;
5. Were physically in the U.S. on June 15, 2012, and are in the U.S. when you apply for deferred action;
6. Are currently in school, or graduated from high school, earned a GED certificate, or are an honorably discharged veteran;
7. Do not have a felony conviction, a serious misdemeanor conviction, three or more other misdemeanor convictions, and/or are not seen as a threat to national security or public safety.

Do not leave the country if you wish to apply for Deferred Action Status; this makes you ineligible for Deferred Action. If you left the country after August 15, 2012, you will be denied Deferred Action Status.

You can apply for Deferred Action even if you have a final order of removal.

Each situation is unique, so be sure to contact our American Fork or Salt Lake City offices to schedule a consultation today!

You do not need a Social Security card to file bankruptcy, but must have an ITIN (Individual Taxpayer Identification Number). This is the number you get when you pay your taxes to the US Government.

When you file bankruptcy, you must go to a meeting of creditors. At this meeting, you must bring a document that shows your ITIN or Social Security Number, like your ITIN card or Social Security card, or a pay stub.

At the meeting of creditors, you must also bring a photo ID. This ID can be a driver’s license or a driving privilege card.

The bankruptcy Trustee, who represents the Court, should not ask your legal status at the meeting of creditors. You are a debtor like any other person, and after the meeting of creditors, your bankruptcy case will generally close within two months.

All individuals, even citizens, must bring other documents to the meeting of creditors. Please consult with an attorney before filing for bankruptcy so you can have all the documents you need.

The prosecutor’s introduction of the horizontal gaze nystagmus test may present your Salt Lake City DUI lawyer with a good opportunity to suggest to the jury that a variety of innocent reasons may have caused you to fail. The horizontal gaze nystagmus test is notoriously unreliable and presents a multitude of innocuous grounds for failing the test.

In addition, most field sobriety tests have complex steps. Despite this complexity, police officers usually explain the steps only once, and in just a few seconds. You are then expected to follow the instructions perfectly. Rather than a sobriety test, this procedure becomes more like a contest.

When the officer testifies on direct examination about the instructions he or she gave you, your Salt Lake City DUI lawyer might time how long the officer takes to state the instructions. Then, when your lawyer cross-examines the officer, your lawyer can confirm that he or she gave you the instructions the same way and that the instructions took less than 20 seconds.

In closing statements, your Salt Lake City DUI lawyer might argue to the jury how well you did on the field sobriety tests despite the complex instructions being given so quickly. Your attorney could ask the jurors whether they can even remember all the instructions and remind the jurors that they’ve had the benefit of hours, not seconds, in court discussing the field sobriety tests.

If you’ve been arrested for DUI, contact Salt Lake City DUI lawyer James Lee for a free evaluation of your case.