Criminal Defense Attorney Related FAQ | Jardine Law Office
Do you have questions for our Farmington Criminal Defense Attorney? Read below for answers to some of the most common criminal defense-related FAQs.
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H

ow does the state of Utah define “cohabitant?”

Cohabitants are often spouses, former spouses, couples engaged in long-term relationships, roommates, siblings and people who share custody for a child.

I

s the statute of limitations different if the auto-related accident proves fatal?

Yes. In cases where an individual loses his or her life, the family of the deceased has two years to file a wrongful death lawsuit. Keep in mind that the “clock” starts ticking after the death of the individual, not the accident itself.

W

hat determines whether or not a DUI is “aggravated?”

There is no such thing as “aggravated” DUI in Utah. Our DUI’s can be enhanced, however, by things such as having minors in the car, getting in accidents resulting in injuries while intoxicated and more.

W

hat if I wasn’t physically injured but still had my property damaged?

In this case, any lawsuit seeking repair (or replacement) of damaged property must be filed within three years

W

hat is “modified” comparative fault?

Utah’s “modified” comparative fault rule reduces the amount of monetary damages awarded by a percentage equal to how much fault the plaintiff or claimant is found to have. In other words, if the plaintiff is found to be 50 percent or more at fault, the award amount automatically drops to $0.

W

hat is an “ex parte” order?

In Utah, an “ex parte” order is one made without notifying the defendant and before the defendant first appears in court.

W

hat is the minimum jail sentence I can expect for a first time DUI offense?

Minimum jail time following your first DUI offense is two days.

W

hat is Utah’s statute of limitations for filing a slip and fall lawsuit?

Under Utah state law, anyone injured from a slip and fall accident has up to four years to file a personal injury lawsuit.

W

hat is Utah’s statute of limitations regarding personal injury claims?

Utah gives its citizens up to four years to file a lawsuit seeking monetary damages as a result of an auto-related accident.

W

hat makes an act of violence “domestic?”

Under Utah state law, domestic violence occurs when a person commits (or attempts to commit) any crime involving violence or physical harm against a cohabitant.