Tag: education

Why do attorneys tell people not to talk to the police? What if I’m innocent or just want to help them?

Let’s discuss this principle in the context of DUIs, but the principle applies in any situation in which you could be questioned in regard to any crime.

What is hard for many people to believe is that quite often (more often than decent people want to believe) the police aren’t in fact trying to catch drunk drivers (‘nothing wrong with catching drunk drivers—more power to them for it) but trying to make bogus arrests for DUI, so that the city can collect the fines and so that officers can advance their careers (‘nothing right about that).

You need to know that while all decent and law-abiding people want to help decent and law abiding law enforcement officers do their jobs well, not all officers are decent and law abiding. Unfortunately, 1) it’s impossible to distinguish a good officer from a corrupt one when you’re being questioned, until it’s too late; and 2) corrupt officers exploit innocent people by getting them to talk. This is why the innocent don’t talk to the police (about anything, not just at traffic stops): the more the innocent talk (and the more guilty talk, but that’s not the point here), the more rope they give corrupt law enforcement officers to twist and to hang them with.

Professor James Duane puts it even better here (these are excellent videos, very engaging, and the advice could literally protect you and your loved ones from being abused by corrupt police officers and prosecutors):

Utah Family Law, LC | | 801-466-9277

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My Spouse Tells Me She Is Going to File a Motion for Temporary Orders. What Does That Mean?

I’m just at the beginning stages of a divorce case, but already in the thick of it. My spouse tells me she is going to have her lawyer file a motion for temporary orders. What does that mean?

Good question. Concisely stated, your spouse will, through her motion for temporary orders, request orders that will govern the parties on a temporary basis during the pendency of the case until final orders are made. These orders being temporary orders are not permanent orders–meaning that the court can modify those orders or completely rescind those orders before the final Decree of Divorce is entered.

Your spouse will put her requests in a document she files with the court (this is her motion). In her motion she articulates arguments as to why she should get what she is asking for.

Temporary orders typically address matters of who will pay which marital debts and obligations during the pendency of the case, so that the house doesn’t go into foreclosure, or the landlord doesn’t evict anyone, to ensure the car isn’t repossessed and so that your credit ratings aren’t hurt. Temporary orders also address issues of which of you gets to stay in the marital residence  and who has to go, issues of child custody and support, and temporary alimony.

In response to your spouse’s motion, you will almost certainly file both 1) a memorandum in opposition to her motion, arguing why her motion should not be granted or not granted precisely as she wants, and a 2) counter motion of your own requesting the relief you want. Your spouse may then file a memorandum in opposition to your counter motion and a memorandum in reply to your memorandum in opposition to her motion. You can then file a memorandum in reply to her opposition to your counter motion.

Both of you will then go before either a judge or a domestic relations commissioner for a hearing. Note: a domestic relations commissioner is like a judge, but not a judge, and whether you appear before a commissioner or a judge depends upon whether you live in a populous part of the state or in a rural or sparsely populated part of the state. High population districts have commissioners. Low population districts do not.

The hearing will likely be held remotely over Webex (which is like Zoom or Skype or Google Meet), but it is possible you may be required to go to the courthouse for the hearing.

If you and your spouse both have lawyers, then they will argue the motions before the court. If you ever saw a high school or college debate, the argument in court is a lot like that. Usually, neither you nor your spouse will testify or be asked any questions by the lawyers. This is known as proceeding by proffer. The commissioner or judge may ask a question or two, but don’t be surprised if the commissioner or judge does not.

The commissioner or judge will, at the end of the hearing either decide the matter right there from the bench or “take the matter under advisement” and issue a written or oral decision several weeks later.

Utah Family Law, LC | | 801-466-9277

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Why do people in the United States get divorced so much? 40-50% sounds so extreme.

Why do people in the United States get divorced so much? A 40-50% divorce rate sounds so extreme.

First, know up front that there are, of course, some people who not only can clearly and in good conscience justify getting divorced. Still, the divorce rate is so high—too high—in the U.S. The main reason why is, in my experienced opinion, because we have a serious character problem in this country that is only getting worse. We drive Judeo Christian values out of virtually every public forum so that virtually no one is taught—let alone held to—public virtues and values of honesty, courage, the work ethic, charity, sacrifice for the greater good, education, humility, love, forgiveness, and personal responsibility. A marriage consisting of one or two people who don’t know and apply these values is doomed.

Of course there are some people who not only can clearly and in good conscience justify getting divorced. Good character does not require that one suffer perpetual violence and/or emotional abuse or put up with a spouse who neglects to care for his/her spouse and children, is unfaithful, habitually drunk or high, a or criminal (to name the most obvious reasons for divorce).

But far, far too many people divorce simply as a matter of personal preference, failing to understand that marriage takes all that good character requires. Honesty, patience, sacrifice, humility, love, forgiveness, and work, both inside and outside the home. A marriage consisting of one or two people who don’t know and apply these values is doomed, and most divorces that aren’t based upon real, serious fault of the other spouse and are instead a matter of seeming convenience don’t leave one (or the children of one’s destroyed family) better off.

Utah Family Law, LC | | 801-466-9277

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