Benjamin D Gordon, Attorney at Law - Free legal questions and answers - LawQA.com

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Benjamin D Gordon
State of Practice: Utah
Member Since: 4/19/2012
Last Answer: 07/23/2013

About Me

Benjamin D. Gordon has represented individuals needing legal assistance for criminal defense, debt resolution, DIU, estate planning, felony expungment including claims on landlord and tenants. He graduated from Westminster College in Salt Lake City before obtaining his Juris Doctorate degree from the Sturm College of Law at the University of Denver. Attorney Gordon has been practicing law for six years now and has constantly provided legal assistance through his private practice. He is also a member of the Southern Utah Bar Association, Utah Bar Association, the Elder Law Section of the Utah State Bar and the Utah Association of Criminal Defense Lawyers.

Disclaimer: The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or should be formed by use of the site. The attorney listings on the site are paid attorney advertisements. Your access of/to and use of this site is subject to additional Supplemental Terms.
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Benjamin D Gordon
State of Practice: Utah
Member Since: 4/19/2012
Last Answer: 07/23/2013

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Benjamin D Gordon, Attorney at Law - Free legal questions and answers - LawQA.com

Free Answers to your Legal Questions by Lawyers.
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Benjamin D Gordon
State of Practice: Utah
Member Since: 4/19/2012
Last Answer: 07/23/2013
© 2017 MH Sub I, LLC. All rights reserved.
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Benjamin D Gordon, Attorney at Law - Free legal questions and answers - LawQA.com

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Benjamin D Gordon
State of Practice: Utah
Member Since: 4/19/2012
Last Answer: 07/23/2013
Answer: So long as the quitclaim deed is valid (properly notarized, etc.) it can be recorded even after the grantor's death, so ...read more
Answer: Yes, you can assert that privilege.
Answer: Often an attorney can arrange for you to appear on the warrant without you having to be arrested, particularly for a mis ...read more
Answer: A power of attorney signed by her would allow you to sell her vehicle. It should specifically authorize you to sell the ...read more
Answer: Typically in those circumstances the Court will forfeit (keep) the bail you posted.
Answer: Yes, you can refuse to accept the conditions of probation, and serve your sentence. Be aware that many, if not all, of ...read more
Answer: Utah is a "first in time, first in right" state when it comes to water rights. The answer to your question will depend o ...read more
Answer: A power of attorney will not help you in this situation. Powers of attorney terminate with the death of the person who ...read more
Answer: Unfortunately, the file in an expunged matter is sealed, that's what an expungement does. You'll need to file a motion ...read more
Answer: After a person has died, their will may not be modified. (In any event, one person's will can generally not be modified ...read more
Answer: In Utah, the conduct you described would be chargeable as retail theft, the same statute which covers outright shoplifti ...read more
Answer: As a general rule, yes. Now, many credit card agreements have some form of fraud protection built in. You should get a ...read more
Answer: If she has made threats against you or has engaged in a course of conduct (defined as 2 or more incidents) directed at y ...read more
Answer: In Utah it is legal to record a telephone conversation so long as at least one party to the conversation (e.g. yourself) ...read more
Answer: I would strongly advise you not to meet with the police to answer questions. You can literally only make things worse fo ...read more
Answer: You probably retain your right to keep and bear arms, unless any of those assault charges have a domestic violence tag. ...read more
Answer: A will actually has no control over insurance proceeds, unless the Estate is the beneficiary of the insurance policies ( ...read more
Answer: Traffic offenses in Utah are predominantly misdemeanors, though some are infractions. For either, the statute of limita ...read more
Answer: You have the absolute right not to incriminate yourself. If answering any question would tend to incriminate you, you d ...read more
Answer: You have the right to remain silent, and you have the right to a lawyer. Exercise both rights. The only response you s ...read more
Answer: As a general rule, you should always start with a not-guilty plea. You can always change that plea to guilty later, and ...read more
Answer: Probably not, but you can get a continuance by filing bankruptcy. As soon as you filed there is an automatic stay on an ...read more
Answer: In Utah she would be considered a "tenant at will" and you would thus need to give her a 15 day written notice that she ...read more
Answer: Voluntary intoxication provides a defense to a crime in Utah only if it negates a mental state element of the crime. Si ...read more
Answer: Your only response to any questioning from law enforcement, state or federal, should be "I want a lawyer."
Answer: Juvenile offenses are not counted toward criminal history points in the federal sentencing matrix.
Answer: The FDCPA is the Fair Debt Collection Practices Act, and it regulates the actions creditors can take in trying to collec ...read more
Answer: When a group of people have an agreement to commit a crime, it is a conspiracy. Beating someone up is at a minimum assa ...read more
Answer: Generally, when a defendant fails to appear at a hearing, the court will issue a warrant for the defendant's arrest. It ...read more
Answer: No, unless for one reason or another you are prohibited from possessing firearms, in which case your finger prints on th ...read more
Answer: In Utah there is a constitutional right that protects spouses from being forced to testify against eachother. There is ...read more
Answer: Unfortunately, yes. Once you've put something into an outside trashcan, generally you no longer have a protectable priv ...read more
Answer: In Utah, if the state does not initiate an order to show cause prior to the termination of the probation period, the cou ...read more
Answer: Your landlord will be obligated to store it for 30 days before disposing of it. He can charge you the actual costs of r ...read more
Answer: In Utah a first or second DUI within a 10 year period are misdemeanors. A third DUI within a 10 year period would be a ...read more
Answer: Power of attorney terminates with death. If she transfered the assets while he was still alive, however, those transfer ...read more
Answer: In general, student loans are not dischargeable through bankruptcy.
Answer: One option is to sue your insurance company for breach of contract.
Answer: If it was a domestic violence misdemeanor, then federal law will prohibit you from possessing any firearms for the rest ...read more
Answer: Secured claims are those debts that have collateral, most commonly mortgages, car loans, and some business loans. Unsec ...read more
Answer: If you have not organized as a LLC or Corporation, you are the company. It is known as a DBA, but in essence there is n ...read more
Answer: Absolutely, if the property has been deeded to you, you may do whatever you wish with it.
Answer: Assuming you endorsed the check before cashing it, yes you are liable. Endorsement is an agreement to be liable on the ...read more
Answer: If they refiled within 1 year of it being dismissed, there is a savings statute that brings it back within the statute o ...read more
Answer: In Utah, if convicted of a third DUI within a 10 year period, it becomes a third degree felony with a maximum possible p ...read more
Answer: Not unless the creator of the trust provided in the trust agreement that you would be allowed to. The exact terms of wh ...read more
Answer: So long as he is still alive/competent, he can sign the will before witnesses now, and it will be perfectly valid.
Answer: The other owners can petition the court to Partition the property. This could force a sale, though if you are interested ...read more
Answer: Probably. You probably also have a claim against the company for fraud, but you would need to pursue that in your own l ...read more
Answer: Once the police have legitimately found evidence which would subject you to arrest (the marijuana found as a result of a ...read more
Answer: Only the prosecuting attorney can decide to drop a criminal charge. They will often respect an alleged victim's wishes a ...read more
Answer: No, but generally the deceased parents' creditors are entitled to be repaid before the children can inherit any assets.
Answer: You can refuse to testify. There is something called the spousal privilege, which makes it so one spouse cannot be comp ...read more
Answer: Absolutely, power of attorney can be split many ways. Typically people will have a durable general power of attorney (w ...read more
Answer: You'll need to serve them with a 15 day notice to vacate and then proceed through the normal eviction process if they do ...read more
Answer: That will depend on who technically owns the house. If your father and your stepmother owned the house as joint tenants ...read more
Answer: No, a quitclaim only transfers the ownership interest in the property, the original obligor is still liable for the debt ...read more
Answer: Generally no, an individual owner is not liable for the debts of a corporation. Many vendors, however, require you to s ...read more
Answer: If they have obtained a judgment against you, yes, they can garnish wages. If not, then no.
Answer: If he was convicted of arson as a first degree felony, it cannot be expunged. If it is a lower degree, then depending o ...read more
Answer: Any business can choose to accept or refuse to accept any given kind of payment. There are many establishments that do ...read more
Answer: No, that argument will not gain you any traction with Utah Courts.
Answer: Contact an attorney in the state where the warrant was issued as soon as possible, it is likely that they can streamline ...read more
Answer: The statute of limitations for misdemeanor DUI in Utah is 2 years.
Answer: As long as the offense is not a domestic violence offense, and that felony was the only thing which interrupted your rig ...read more
Answer: No. generally, if you run from probation you will end up with a warrant for your arrest. If the warrant was not issued ...read more
Answer: You can only seek to collect that through the bankruptcy court now.
Answer: In Utah, a small claims case can be appealed de novo - meaning the case starts over - at the district court level, so lo ...read more
Answer: If you co-sign, you are liable for the debt. To co-sign is to promise the creditor that you will repay the debt if the m ...read more
Answer: No, in cases where there are multiple owners of a property, unless there is an outside agreement to the contrary, each o ...read more
Answer: Yes. The citation you received if you were not arrested, or the promise to appear you received upon your release from j ...read more
Answer: No, but you may be able to get additional concessions from the prosecutor in exchange for your "guilty" plea if you do h ...read more
Answer: It depends on whether or not they were separate criminal episodes. Oddly enough, if it was seven felonies in one crimina ...read more
Answer: No, Utah DUI laws include all motor vehicles, including motorcycles, dirt bikes, and even boats.
Answer: The only way to shorten it is to have the DUI reduced to impaired driving as part of a plea deal.
Answer: The suspension period for your drivers license for a second or subsequent DUI conviction is 2 years. There is no "hards ...read more
Answer: It is generally always possible to get some sort of reduction, either in charges or in sentence, through a plea bargain. ...read more
Answer: There are 3 ways for a driver's license to be suspended as a result of a DUI. 1) if you are convicted of DUI, even a fi ...read more
Answer: You *can* go through the process by yourself. That said, DUI defense is highly technical and requires some very specifi ...read more
Answer: Simply being pulled over does not mean that you are guilty of anything, much less DUI. You are only guilty of something ...read more
Answer: Hire an attorney in the state where you are facing the charges.
Answer: You are allowed to defend yourself. I strongly urge you to have an attorney, however, as the law is often very technica ...read more
Answer: It is difficult to speak for all situations, but generally, yes. Once a person has been arrested or cited for DUI, SOME ...read more
Answer: There will generally be no restrictions on travel from the court. If you have paid a bondsman to post bond on your beha ...read more
Answer: Yes. In Utah, a first time DUI carries a mandatory 48 hours in jail, which the judge can, at his or her option, convert ...read more
Answer: Yes. You can be arrested, charged, and go to trial without ever hearing a miranda warning. The one thing that law enfo ...read more
Answer: You either need to pay the fees to get your car out of impound, or you need to file an affidavit swearing that you do no ...read more
Answer: In my opinion, yes, you do need an attorney right away. The potential consequences, not just limited to fines and jail, ...read more
Answer: The answer to this question will depend on many factors. If convicted of a first DUI Utah has a mandatory 2 day jail se ...read more
Answer: Field Sobriety Tests, even administered by law enforcement, are voluntary. They cannot force you to take one. A refusa ...read more
Answer: In Utah, the offense in question is codified in Utah Code Section 41-6a-502, and the full title of that section is "Driv ...read more
Answer: If you have comprehensive coverage (not just liability only), your insurance will probably cover the damage to your vehi ...read more
Answer: Field Sobriety Tests, if done the way they are designed to, have been shown to have 80ish percent accuracy in identifyin ...read more
Answer: If you have been compliant with the terms of probation, and have fully paid off any fines and completed any required com ...read more
Answer: Generally a DUI conviction will not interfere with your rights to own guns. Any felony conviction (which a DUI could be ...read more
Answer: If you are charged with DUI, the Driver License Division will automatically suspend your drivers license for 120 days, b ...read more
Answer: Yes. If you are intoxicated and wish not to be charged with DUI, you cannot be in "actual physical control" of a motor ...read more
Answer: Driving under the influence in Utah is operating or being in actual physical control of a motor vehicle (including sitti ...read more
Disclaimer: The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or should be formed by use of the site. The attorney listings on the site are paid attorney advertisements. Your access of/to and use of this site is subject to additional Supplemental Terms.
© 2017 MH Sub I, LLC. All rights reserved.
Terms & Conditions | Privacy Policy | IB Cookie Policy