How Long Will Bankruptcy Stay on My Credit Report Bankruptcy Lawyer explains 801-676-7308 Utah Ch 7 Ch 13

You’ve probably been wondering, How Long Will Bankruptcy Stay on My Credit Report?  If I file a chapter 7 bankruptcy case, how bad will my credit be damaged?  What if I file a chapter 13 bankruptcy case, how long will that be on my credit?  What about a Chapter 11 business bankruptcy?

At the time this video is made, a chapter 7 bankruptcy will stay on your credit report for a period of 10 years.  That doesn’t mean you won’t be able to get a car loan or a credit card or even a mortgage for a house after you file.  In fact, after your chapter 7 case is over, you will get many credit card offers in the mail.  You will be able to get a car loan and a credit card usually within 30 to 45 days after you file a chapter 7 case. A mortgage usually takes at least a year, but usually 2 to 3 years after you file before you will qualify. 

It is different in a chapter 13 bankruptcy case.  Usually, a chapter 13 bankruptcy will report on your credit history for 7 years a drop off.  Remember, in a ch 13 case, you are in bankruptcy for at least 3 years and no more than 5 years.  This means if you are in a 5 year plan, the bankruptcy will only report for 2 years after your case is done and then it drops off of your credit history.  Not a bad deal.

We are a debt relief agency. We help people file for bankruptcy under the bankruptcy code.  If you would like additional information about filing for bankruptcy relief, give our office a call at 801-676-7308.  If I am unavailable, please schedule a telephone appointment or an in person meeting.  Our office has free initial consultations.

This video is really for you if you have a family law case or if you are going to have a divorce, child support or child custody case in Salt Lake City Utah or in one of these Utah locations: Salt Lake City, Provo, Orem, Ogden, Park City, West Jordan, Pepperwood, Sandy, South Jordan, Salt Lake City, Herriman, Sandy City, Taylorsville, Midvale, Riverton, Draper, Holladay, Copperton, Magna, Alpine, Lehi, Grantsville, Tooele, North Salt Lake, Bountiful, Woods Cross, Lindon, Centerville, Orem, Bluffdale, Park City, Farmington, Provo, Kaysville, and Layton.

#AscentLawFirm

#JimBalmforth

#UtahBankruptcyLawyer

In this video I give you a brief explanation of how long bankruptcy wills stay on your credit history in Salt Lake City Utah.  We are Utah Bankruptcy Attorneys and Lawyers in these Utah locations: Salt Lake City, Provo, Orem, Ogden, Park City, West Jordan, Pepperwood, Sandy, South Jordan, Salt Lake City, Herriman, Sandy City, Midvale, Riverton, Draper, Holladay, Copperton, Magna, Alpine, Lehi, Tooele, North Salt Lake, Bountiful, Woods Cross, Lindon, Centerville, Orem, Bluffdale, Park City, Farmington, Provo, Kaysville, Layton, Syracuse, Clearfield, Hill AFB, and Grantsville.

I hope you find this blog post helpful - if you have other questions - please let me know - thanks and take care - 

Jim 

==

Guardian Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah 84088 United States
Telephone: (801) 876-5875

Stop Wage Garnishment Utah Now 801-676-7308 Bankruptcy Lawyer Jim Balmforth explains how

Have you ever wondered how to stop that Wage Garnishment?

Stop Wage Garnishment Utah

If you live in Utah and you've got some creditor coming after you hardcore, you need to stop the wage garnishment right now.

How do you do that?

Watch this video:


Okay, now that you've watched it you understand your options right?

I know that if you are a victim of a wage garnishment, you must feel horrible and like there is nothing that you can do.  But there is hope -- believe it or not, there is something you can do to put the kibosh  on wage garnishments.

First, you can attack the wage garnishment and stop it by showing the court that the creditor messed up or didn't do something they were supposed to do.  Or perhaps they are going after the wrong person!  This isn't your debt!  They've got the wrong one - the creditor screwed up.  Tell the court.  Perhaps your wages are exempt under Utah law.  If you have time, go through each and every Utah exemption in the Utah Code and see if one applies to you and your situation.  You can also meet with an attorney who does debt relief like us and we can advise you about your rights and exemptions under the law.

Second, you can stop the wage garnishment by filing a bankruptcy case.  Under bankruptcy law, once you file a chapter 7 case, or chapter 13 or chapter 11 case, an automatic stay goes into effect.  The automatic stay prohibits creditors from collecting anything from you.  Yes, you got that right - they can't do a garnishment so you can stop the wage garnishment right away.

If you've gotten to this point, you are probably very interested and maybe very motivated to stop a wage garnishment in the State of Utah.  Since this is the case, you should call me today for your free consultation 801-676-7308.  I will show you exactly and in detail how to stop wage garnishments in Utah now.

Now, look, just because my office is in West Jordan, Utah, doesn’t mean I can’t help you.  I work with folks all over Utah, including South Jordan, Salt Lake City, Sandy, Midvale, Riverton, Draper, Magna, Alpine, Herriman, Bluffdale, Lehi, Tooele, North Salt Lake, Pepperwood, White City, Bountiful, Woods Cross, Orem, Park City, Farmington, Provo, Camp Williams, or Grantsville. 

So, don’t be afraid to call me now.  

Utah Bankruptcy Lawyer
8833 S. Redwood Road, Suite C
West Jordan, Utah 84088 United States
Telephone: (801) 676-7308

I hope to hear from you soon.

#AscentLawFirm

#JimBalmforth

#StopWageGarnishment

#StopWageGarnishmentNow

#StopWageGarnishmentUtah

#UtahBankruptcy

#bestbankruptcylawyer

stop wage garnishment Utah

stop wage garnishment Utah

stop wage garnishment Utah

Expungement Utah - Does a crime automatically fall off of my record when I'm done with probation?

You should watch this video as I answer the question:

If I finish my probation and my criminal case is closed does my charge fall of my record at some point?

Watch and see:



Okay, now you know that the answer is - no.  It doesn't just fall off your record.

You have to go through several different steps in order to remove a criminal case from your criminal record in the State of Utah. 

To get a Utah expungement you have to wait a certain amount of time if it was a class c misdemeanor, then you have to wait 3 years.  Now, the waiting period on all of the expungements if the time from the date that you were convicted or release from incarceration, from probation, or from parole, whichever of these events was the last thing that happened.  That is when the time period starts to run. 

For a class B misdemeanor in Utah, an expungement takes 4 years.  It is 5 years for a expungement in Utah for a class A misdemeanor.  For a felony, you have to wait 7 years for a Utah expungement.  I know, it’s crazy isn’t it.

To start the process off, you should speak with a really good lawyer.  Give us a call 801-676-7308 and speak with us.  We’d love to assist you in your expungement in Utah.

Also, keep in mind that this is not automatic.  You have to get a eligibility certification from the Utah Bureau of Criminal Identification or BCI.  You have to file a petition for expungement in the Utah court where the case was filed.  You have to serve the petition and certificate on the city prosecutor or district attorney or attorney general – whichever prosecuted you.  You also might need to have a hearing in front of a judge.  The court may even get the AP&P – adult probation and parole services involved to give a response.

If approved by the judge, then you need to get certified copies of the order of expungement and you have to serve them on each and every agency that has a record of it.  You have to do this otherwise they won’t seal or destroy the records.  Once the court destroys the records, you’ll never be able to get other certified copies because the case will literally not exist anymore.  I hope this information is helpful.

If you have been convicted of a federal crime, the only way to get that removed is by a presidential pardon.  We do those applications – they are time consuming and expensive.

If you are looking for a top rated expungement attorney in Utah, you’ve come to the right place.

Expungement Utah
8833 S. Redwood Road, Suite C
West Jordan, Utah 84088 United States
Telephone: (801) 676-7308

#expungementutah

#AscentLawFirm

#JimBalmforth

We want to help you if you had a case in South Jordan, Salt Lake City, Sandy, Midvale, Riverton, Draper, Magna, Alpine, Herriman, Bluffdale, Lehi, Tooele, North Salt Lake, Pepperwood, White City, Bountiful, Woods Cross, Orem, Park City, Farmington, Provo, Camp Williams, Grantsville or anywhere in the state of Utah - we do expungements state wide.

Finally Stop Annoying Collection Calls from Creditors 801-676-7308

Hi Folks --

Jim Balmforth here again, hopefully with some wisdom about stopping creditor harassment once and for all.

You and I both know that there is nothing worse than having to deal with collection calls.

It's awful (to say the least)

and all you want to do is stop answering the phone.

Which is what I recommend that you do.

Once you've made the decision to stop this nonsense, don't take their calls.

But, you don't want to go through the trouble of changing your phone number do you?

I sure don't.

So what's the solution to stop creditor harassment?

Watch this video as I explain:


Now you know the simple solution - file a bankruptcy case.

It's not as easy as it sounds.

There are a lot of steps that you have to go through in order to get started.

First step is to get your credit counseling certificate.

The certificate is good for a period of 6 months.

Go to www.Debtorcc.org and take the credit counseling class and get the certificate over to me.  This is the first step to stopping those collection calls once and for all.


thanks for visiting - call me soon -




James R. Balmforth, JD

Utah Bankruptcy Attorney
8833 S. Redwood Road, Suite C
West Jordan, Utah 84088 United States
Telephone: (801) 676-7308

4.8 stars - based on 45 reviews

Chapter 11 Bankruptcy in Utah 801-676-7308 Avoid Legal Mistakes – You Need a Chapter 11 Bankruptcy Attorney

Avoid Legal Mistakes – You Need a Chapter 11 Bankruptcy Attorney 

Does life suck right now?

Are you in debt?

Do you have a business in debt?

Are you looking for some legal help?

Do you think you can do it without a lawyer?

If so, you probably want to talk to me.

Look, I’m a straight shooter and I’m not going to feed you a line of bull.  You need a lawyer if you are going to file for bankruptcy.  This is federal court.  This isn’t small claims or justice court where you get a small fine and you’re on your way.  You could get in very serious trouble if you do something wrong.

This is why you should call me and get some help.

I offer free initial consultations, so there is no excuse.  If you come in and meet with me, or when we have a nice conversation over the phone, you don’t need to worry because you can always decide to go it alone or not do anything at all.

At lease you could find out how I can help you.

Watch this video:



Anyway, you need to understand a few things about chapter 11 bankruptcy.  It is usually for businesses who want to reorganize.  Individuals can file for chapter 11 as well, but usually it is a chapter 7 or 13 bankruptcy that is filed by people.  The only times I’ve seen a person file for ch 11 was when they did not qualify under chapter 13 and they really had an asset that they wanted to keep or maintain that they would lose in a chapter 7 case.

Do you qualify?

Well, the first thing to consider in a chapter 11 is the huge filing fee with the court.  The filing fee right now is $1,038.00.  Our office usually gets $10,000 to $20,000 up front to put into our office trust account for a chapter 11 case.  In other words – they are very expensive.

If you qualify for a chapter 13 or a chapter 7, it’s best to go that route first (if you can).

Best thing to do is call me to discuss things.

There is more – you need to list all of your debts and all of your assets.  If you are a person, and you own a company—you need to list that information on your bankruptcy schedules.  If you don’t you are causing problems for yourself and others.  Big problems – we’re talking go to federal prison problems.  Always best to simply tell the truth – that way you don’t have problems going forward.

This is another reason why you really need a great lawyer on your side.  With an elite attorney you’ll be able to talk things over with me in advance and I can tell you what the results will be because of the experience I’ve had with the law.  Remember, I go to court all the time – you probably don’t.  This is why you want me on your side.  Experience and education count in the courtroom.  I’ve seen federal judges (and yes, bankruptcy judges are federal judges) totally rip into people who aren’t lawyers because they didn’t do something right.  The judge said “ignorance is no excuse – if you’re going to represent yourself, you’ve got to do it right or get a lawyer” !!!  Yup – no joke – so be sure if you decide to go it alone, you do it right – no one wants to get yelled at.

I digress.

Look, I hope you’ve found this information helpful.  Give me a call if you’d like to discuss your case 801-676-7308.  Our conversation may just be invaluable.

Until next time - come and see me -- got it?




James R. Balmforth, Esq.

Utah Bankruptcy Attorney
8833 S. Redwood Road, Suite C
West Jordan, Utah 84088 United States
Telephone: (801) 676-7308

Utah Divorce Lawyer

4.7 stars - based on 22 reviews

Divorce in Utah Attorney says -- Call Me -- Ask Me -- Questions! 801-676-7308

Look - if you've been following my blog and my youtube channel - you probably feel like you know me, right?

I mean, yeah, I'm "that" guy -- I'm the attorney... I do divorce and criminal work.

I'm here to help you through the tough times.

I want to help you.

And as a part of giving back - I answer questions that are submitted to me.  So hey, I'm running low on questions -- give me a call - shoot me message through this blog and let's get a conversation started.

Watch my latest video below.



And remember - if you have questions about divorce in Utah, it is best to speak with a competent attorney who regularly practices in Divorce law.  That’s what I do.  I do criminal law and divorce law.
Those two areas take up a little over ½ of my practice.  You need to talk to a great divorce lawyer.  I can’t give you legal advice over youtube or in a blog post.  I’d love to, but I can’t.  The main reason is because facts matter in a case.  Your specific circumstances matter to how I believe a judge or a court commissioner will rule in your Utah divorce or child custody case.   Accordingly, please call me or another attorney.  My number is 801-676-7308.

Just because you call me, doesn’t mean you have to hire me.  You can hire another cheap attorney if you want to.  It’s completely up to you.  I say: go over all of your options and make a decision and move forward.  I’m going to try to keep posting on youtube and my blog, so I need your help to provide me good questions about Utah child custody law, child support, parent-time;
alimony (sometimes called spousal support or maintenance); and division of debt, splitting up property, pensions 401(k)s, and other retirement benefits and how Utah judges split them up.

I don’t care if your question is about post-decree modification or changing child support, give me a call and – hey – if I can’t get your call because I’m on the other line or in court or in a meeting; you can schedule a free consultation with my staff.  Call 801-676-7308 and get your free consultation on divorce in Utah now.

Thanks for enjoying the journey with me.

Until next time - come and see me soon --




James R. Balmforth, Esq.

Utah Divorce Lawyer
8833 S. Redwood Road, Suite C
West Jordan, Utah 84088 United States
Telephone: (801) 676-7308

Utah Divorce Lawyer

4.9 stars - based on 45 reviews

Why Should I Hire You to Be My Attorney? 801-676-7308 Jim Balmforth explains...

I'm not a megalomanic.  I don't go around telling people that I'm God's gift to the legal field.  But I will tell you the truth - I am a fighter.  I go to court all the time.  As I write this, I've had 2 trials in the last 2 weeks.  That ought to tell you something.  I'm no stranger to the courtroom.  I know what I'm talking about.  I've been doing this for years and years.

Anyway,  I made this cool video to explain how I answer the question - why should I hire you?


So, now that you've watched it, what do you think?

Make sure you come back tomorrow and check out more blog rants and more recorded legal information to help you with your lawsuit in Utah.

best ~



James R. Balmforth, Esq.

Utah Criminal Defense Lawyer
8833 S. Redwood Road, Suite C
West Jordan, Utah 84088 United States
Telephone: (801) 676-7308
Fax:(801) 676-5508

Rated 4.7/5 based on 7 reviews

Should I Call You Everyday to Know about my Case? 801-676-7308 -- Utah Lawyer answers

So if you are reading this the first thing you've got to know is that you don't need to call me or any other lawyer working on your case everyday.  That would be annoying.

Watch this video to understand how you should interact with me:


In this video I outline how often we should be in touch if you have a lawsuit against you or a litigation case pending in state or federal court in Utah.  Usually, we don't need to talk every day.

Now, sometimes we do.  Next week I have trial scheduled and I have been in touch with our client every day for the last several days as I've been preparing for court. 

However, about 6 months ago, we only spoke about once every 30 days.  So, we don't necessarily need to speak much; however, if you have a question or concern -- if something is weighing on your mind, you should give me a call to discuss it.

You shouldn't be laying awake at night, wondering about your case.  We can touch bases and make sure you understand what is going on in your case.  In fact, our office utilizes an online case management system that allows me to post documents in your case and we can message each other in the case, so you can drop me a line, anytime (night or day) if something is on your mind.

Now, if I can't get to the phone to answer your question or concern, it is usually because I am in a meeting with another client, in court, or working on a brief and I can't be disturbed.  This doesn't mean I don't care about you or your case -- I DO -- however, work has to get done.

This is what you should do if you find yourself in that situation -- leave a VERY specific message with my assistant.  She will get that message to me.  If you tell her it's URGENT - I will get back with you.  If I can't for whatever reason, I will giver her the answer to your question and she'll call you back.  My staff can also schedule a telephone conference for us to discuss your case or an in-person meeting if you prefer -- that way you get on my schedule right away and your time is reserved.

Thanks for watching and reading my blog.

Hope to write soon ~



James R. Balmforth, JD
Cottonwood Heights Utah Lawyer
801-676-7308

What is your Litigation Strategy? 801-676-7308 James Balmforth, West Jordan Utah Attorney explains

Welcome back friends and casual readers of my blog.

As you've probably figured out from my blog posts - theses aren't just about the Utah criminal justice system; I also talk about litigation in general (yes, it's true, I also do civil litigation, divorce, etc.)

But I was asked a great question --which is -- what is my litigation strategy.

Watch the video below...


In this video I explain what my overall litigation strategy is.  You know, the strategy that I take on is much different than the common lawyer out there.  I want to make sure that I am not only prepared, but that I am ready for the courtroom.

It is true that many cases settle; however, if you are not ready for the war, you will lose the battle.  My strategy is to be ready for war -- because in a very real sense, that is what we do in court.  You are at war with your opponent.  Whether your enemy is the state prosecutor or your neighbor over a real estate issue, it is war and court is the battlefield.

If you have a legal question you'd like answered, drop me a line here and I'll do my best to answer your question and perhaps I'll even do a video about it.

Thanks for watching.  Call me if you need legal help.

Best,

 

James R. Balmforth, Esq.
West Jordan Utah Lawyer

Utah Criminal Attorney
8833 S. Redwood Road, Suite C
West Jordan, Utah 84088 United States
Telephone: (801) 676-7308

Utah Criminal Attorney

Rated 4.8/5 based on 23 reviews

Do I Have A Good Lawsuit? How to Know if your lawsuit sucks... 801-676-7308 Utah attorney explains...

Hi everyone.

Thanks for coming back to visit my blog.

Before we go too far -- I want you to know that I appreciate your questions.

Every time someone gets me a good question, I can put up a blog post and make a cool video.

So, the question came in -->  how do I know if I have a good case?

So, that's a good question -- watch my video to understand what I need.



In this video I set forth what exactly I need to know in order to determine whether you have a good case or not. 

It all starts with documents.  I need to see and understand the paperwork.  Papers and Documents tell a story.  I need to know the story.  If I don't have the paperwork, I can't figure everything out.

I also need to know who the witnesses are.  Who are the key players? 

The more information I have in the beginning, the easier it is to outline whether you have a good case (or a great case).

Call me to discuss your potential case (if you think you've got a good one)...

Until the next question arrives, take care,



James R. Balmforth, JD
Kearns Utah Criminal Defense Attorney

Utah Criminal Attorney
8833 S. Redwood Road, Suite C
West Jordan, Utah 84088 United States
Telephone: (801) 676-7308

Utah Criminal Attorney

Rated 4.7/5 based on 9 reviews

Who drafts your legal pleadings? Attorney or Paralegal? 801-676-7308 Utah lawyer explains

So I got this question asked -- do you really draft your own paperwork or do you have a paralegal hidden away in your office that no one can see who drafts your documents for you?

Funny question.

Even funnier if you know me because I'm one of those annoying people who others call a "perfectionist" - yes, it's true.  For me, I hold myself to the highest standard possible.  I want my work product to be perfect.  I don't want to do a crudy job on my work. 

Think about it.

If you wanted to hire a lawyer, do you want to have the crapiest writer out there or one who can artfully draft a compelling brief?

Yeah,

That's right.

And that is exactly why I write my own pleadings.

However, that doesn't mean I don't use a paralegal on occasion to save my clients money and get work done quicker.

But, everything that get's filed with a court or goes out from my office -- I have reviewed it.

Watch this video to understand ->


you should watch it.

So now that you've seen it, you know the truth from the "horses' mouth" -- I draft my stuff and when I don't draft my stuff -- I review it carefully.

Hope that answers the funny question.

If you have a question, please drop me a line.

I'd love to do a video based off of your question.

Until next time, thanks for watching --

 

James R. Balmforth, JD
West Jordan Criminal Defense Lawyer
Phone: 801-676-7308

P.S. - thanks again for visiting my blog.  I hope you get as much out of it as I do.

Peace.

Should I file my case in Utah State Court or Federal Court? 801-676-7308 - Attorney Jim Balmforth explains...

Great question I got the other day...

Should I file my case in state court or federal court?

Which is better?

Well, usually one is not better than another; but it really depends on what type of a case you have as to whether or not you can even file in state or federal court.

Watch this video and let me know what you think...

Let me explain.

Bankruptcy is a great example.  The United States Constitution provides for a bankruptcy court.  The Constitution is a federal document that governs our federal government.  The United States has a bankruptcy court system.  There is no state bankruptcy court.  This means that you can't go to the Utah State Bankruptcy Court because it doesn't exist.  You have to go to federal court.  For this reason, if you came to my office looking for file for bankruptcy, your case must be filed in the federal court system.

Divorce is another good example.  There is no federal divorce court.  You can't litigate child custody issues in federal court.  There is no, wait for it...

Jurisdiction.

There you have it.  Jurisdiction for divorce and custody matters lies solely in the Utah State District Court.  

So you have to file in state court.

I've hope that makes sense.  I tried to keep all of the information real in the video.

If you have a question about where your case should be filed, give me a call and I'd be happy to discuss it with you.

Thanks for watching/reading.

Best,

James R. Balmforth, Esquire
Criminal Defense Utah Attorney
8833 S. Redwood Rd.
West Jordan, UT 84088
Phone: 801-676-7308

What is a Deposition? 801-676-7308 Utah Attorney Jim Balmforth explains

What is a Deposition?

I know what you're thinking.  You've seen law and order.  You know what a deposition is, right?  Now, I haven't seen all of the episodes of law and order, but I've seen a few.  In my watching, I've never seen them do a deposition.  The TV show usually just shows snapshots of different parts in the process and ultimately part of a trial.  They don't usually show all of the trial or even half of it.  It just snapshots.

So, with that said, most people that I have met with (outside of the legal field) either don't know what a deposition is or they have never had to endure one.

Depositions are used to pin down the testimony of a potential witness.

Watch this video as I explain it better sometimes in person than in writing.


Now that you've watched this, it makes sense, right?

Maybe not.

The idea (as an attorney) is that I get to ask the witness (or the party) all the questions that I think I can use to get to the truth of the matter and to know what that witness will say if (or when) the case goes to court.  That way, I can be prepared.  If the witness testifies differently than what the witness previously  stated, then I can impeach that witness with the transcript from the deposition.

This makes me a better attorney.  It helps me prepare.  It makes it so that when I go to trial, I'm not going to be ambushed.  If a witness goes astray, I bring them in.  It really does help me control the courtroom.

A deposition is when a lawyer brings in a witness to have that person take an oath to tell the truth and then questions them in the presence of a court reporter. The testimony is later transcribed and becomes a deposition transcript which can be used in court later.

If you have received a notice of deposition or a subpoena to testify, you should make sure you have an attorney to assist you. If you don't have one, or need to consult with one, give our office a call for a free initial consultation

801-676-7308

We look forward to assisting you in your case.

I look forward to seeing you next time.



James R. Balmforth, Esq.
Riverton Utah Criminal Attorney
801-676-7308

What was my *BIGGEST* Win as an attorney? 801-676-7308 Utah Criminal Lawyer explains...

Is it about money?

Yes, it's almost always about money...

except for when it's not.

So I'm going to share with you about my biggest win.  I was asked during an interview -- what was my biggest "win" as an attorney.  You know, I always thought about that in terms of money.  You know, millions of dollars right?  Yeah, that's what we all think of, first.

Then it hit me.

Watch the video and you'll understand.

Look, when it's all said and done, it's not always about the money.

Its about how we treat other people.

It's about doing the right thing.

This guy that I did that trial for.  We went before a jury trial.  This was a few years ago. He was wrongfully accused.  I've known the prosecutor for years and I'm telling him "look - this guy's innocent, just drop the charges" but you know how prosecutors are.  They are looking for the win.  They don't necessarily care about what I think or what you think.  They are just looking to put you away.  Plus, it looks good for their reporting.

But anyway, you know what happened if you watched the video.  I'm telling you, one of the most exciting moments of my life.  I battled the prosecutor in that case.  We went toe to toe and when all of the evidence was presented, the jury agreed -- "innocent on all charges" was the result.  My client, bless his heart, was a hot mess.  He started crying, and thanking me for everything I had done.  I could tell -- he was so grateful.  I was glad I could help him.  I think of all of the many cases I've handled and tried since 1991 -- this one was probably my most favorite "win"


I later told Jeremy Eveland about it and he couldn't believe it. He thought that the $6-7 million dollar case would be the biggest win for me. Then, after he thought about it for a few minutes, he agreed with me. The biggest win was not the money win, but it was the person win.

This is the reason I practice law. Yeah, we all need money to pay the bills, but if I can help someone. If I can keep an innocent person out of jail. If I can do the right thing, then it will have all been worth it.

If you've enjoyed the post, let me know.

If you have questions about a legal issue, drop me a line and I hope to answer it in an upcoming video.  If you have an emergency or immediate legal need, please call me directly 801-676-7308.

Thanks for visiting and watching,




James R. Balmforth, Esq.
Sandy Utah Criminal Defense Lawyer
801-676-7308

How Long Does Divorce Take?

So I know this blog is primarily for criminal defense law; but I seem to get alot of questions about divorce law this month -- I'll try and do more criminal law questions, I just need people to get me more questions because I'm no good on thinking about them on my own.  Each day that I work, I am able to handle everything that is thrown at me; however, they all have their factual nuances.  So, today is a question about divorce.

How long does it take and how much does it cost -- if the parties are in agreement on all issues.

Super questions for a Utah Divorce Lawyer.

I talk about it in my video here.



Here, The answers are pretty straight forward. In Utah it takes about 90 days to get your divorce decree from the date you file your petition (so long as both parties agree on all terms).  The reason I say that it is "about 90 days" is because judges sometimes take longer than  24 hours to sign a decree of divorce.

Honestly, some judges take 2-3 weeks to sign a divorce decree.

So how much does it cost is the case is uncontested.  At the time I'm writing this, the cost is $318 for the court filing fee, and our office charges $1,500 for an uncontested divorce. 

I hope you found this video and information helpful.  Sometimes, you just need to speak with an attorney.  When you do, give me a call and I'd be happy to help.

Thanks for reading.



James "Jim" Balmforth, JD
Sandy Utah Divorce Lawyer
801-676-7308

Unsolicited Testimonial from client | Utah Divorce Lawyer 801-676-7308

So a quick blog post today to share a testimonial with you.




Watch this testimonial.

Sometimes coming from a client, it's worth more than me tooting my own horn.

I know this blog is primarily about criminal defense law and I get it, but yes, I do divorces and child custody cases.  Most criminal defense clients don't want me to share their "testimonials" -- but yes, I get good results - heck, I get some great results for my clients.  Sometimes I come across brash or offensive, but I do care and I do work hard.  It shows when others share that.

I still have a "thank you card" from a client from years ago that still inspires me to help clients however I can.

Listen, just call me if you have a legal question

Enjoy the video ~

James R. Balmforth, Esq.
Draper Family Law and Criminal Defense Attorney
801-676-7308

Transactional attorney v. Trial Lawyer? 801-676-7308 ~ Which do you need?

So yesterday I was asked about what type of a lawyer this client should get.  Should I get a trial lawyer or should I get a transnational one?

I made a video to explain it and put it on youtube.  Do you need a Utah Trial Attorney?

Watch the video and let me know your thoughts.




In my view, the answer is easy - you want a trial attorney if you are going to court about anything.  There are some transactional lawyers who have never gone to court and simply do not have the oral advocacy skills needed to represent someone effectively in court.

If you're never going to court, you may not have to worry about it.

I take the view that if you are going to have a contract done up, the lawyer better know how that contract will be viewed by a judge and what a judge will do with the provisions you put in your contract.  If not, it's just not going to work out good if there is a lawsuit regarding the contract.

One thing I do know for sure is that the legal field is filled with landmines and you need to be ready at a moments notice to go to court.

I hope you enjoyed the video and this blog post.  Please leave your comments and questions below.

Visit me when you have a minute.

 

James R. Balmforth, Esq.
Salt Lake City Criminal Defense Lawyer
801-676-7308

What is a Preliminary Hearing? 801-676-7308 Utah Criminal Defense Attorney explains...

So, March went by quickly didn't it?

Good news is that I'm ready for April.

Survived April Fool's Day.

You know, those kids of mine - they sure can do some funny jokes... which I can laugh at now... I surely don't laugh when they do them.

That's a story for another day.

Utah Criminal Defense Lawyer





Essentially, a "prelim" or a preliminary hearing is the opportunity for the prosecutor to prove that they have sufficient cause for the case to be bound over for trial.

Keep in mind that these hearing don't happen in Utah Justice Courts for Class B or Class C misdemeanor crimes.  These are only for the more egregious offenses.

These would only happen at a Utah District Court  --  a preliminary hearing (some jurisdictions call them "probable cause" hearings -- they are the same thing) it is an evidentiary hearing.

An evidentiary hearing means that the parties can put on evidence - meaning witnesses and exhibits to show probable cause.

In this proceeding, after a criminal complaint (or information) has been filed by the prosecutor, to determine whether there is enough evidence to proceed forward in the case to a trial.  If there is no probable cause, then the judge would dismiss the case and the criminal charges go away.

I sure hope that this has been beneficial to you.

Best --



James R. Balmforth, JD
West Jordan Utah Criminal Defense Lawyer
801-676-7308

You really want an attorney who goes to court a lot. You don't want an attorney who never goes to court, who doesn't know the judges, or is just plain scared of the judge.
I explain in this video that I got to court 2-3 times a week. I've been a criminal defense attorney for years. I know the process in and out and I am the one you should call if you have criminal defense questions.
This is my profile on AVVO:
Profile of James R. Balmforth
This is my profile on Guardian Law:
James R. Balmforth Profile
This is the new video I just shot:
Amazing Youtube Video
After you watch it, tell me what you think?
Enjoy,
James R. Balmforth, Esq. Attorney at Law

I am listed on AVVO

What are the maximum penalties for a Class A misdemeanor in Utah?

In Utah, there are 3 classes of misdemeanor crimes.

Class A

Class B

and

Class C.

I'll address a Class A Misdemanor here first, then Class B in another post and lastly Class C in an later post.

"CLASS A"

A "Class A" misdemeanor crime is the most severe or the highest or "worst" criminal offense in the misdemeanor category.  Class A misdemeanors are tried in District Court or a court of general jurisdiction in Utah.  There is NO prison sentence that can be given for a guilty plea or guilty verdict in a Class A misdemeanor case.  However, there IS the possibility of a county jail term.

Some Class A misdemeanors crimes in Utah include "criminal mischief"; DUI when someone what harmed; Negligent Homicide; Theft; Possession of less than 16 oz of Marijuana; assault on a police officer; or an "attempt" crime.  An "attempt crime" is one where you attempt to commit a felony crime but you didn't actually commit the crime.  You just "attempted" to do it.

So the Maximum possible jail time on a Class A misdemeanor is one year in jail.  That is the maximum.  If found guilty or plead guilty or "no contest" you could get less.  I've personally seen cases where individuals on a guilty plea on a Class A has received no jail time.  Just because you could get that, doesn't mean you will.  The judge will look at all of the factors in making the determination.
 
Now, the maximum fine is $2,500.00.  Now that is the fine portion.  The court can add on what I call "junk fees" which are like public defender re-coupment fees and other costs that are not part of the "fine" -- so it could be more.  Additionally, depending on if there was a victim or damage done to property or money lost to the victim, the court can order restitution, which means you have to pay money to the court that will be ultimately given to the victim in the case.

That's the worse case scenario.  But like I said, many times it is less.

I hope this information was helpful to you.

Best,

James R. Balmforth, Esq.
801-676-7308

I thought I would start my blog by saying my goal is to help you understand Criminal Law in the State of Utah.  So, I'll start by telling you about DUIs.  A DUI as you probably know stands for "Driving Under the Influence."

Even if you aren't convicted of a DUI, if you are just charged with a DUI, you will face certain problems.  First, your driver's license will be suspended for 90 days.  Don't make the mistake of refusing to submit to a blood test or a breathalyzer test because that will get your driver's license suspended for 18 months.

If charged, and it's your first offense, you will likely only be charged with a misdemeanor crime.  There are several different options to fight a DUI, and this is why you need to speak with an attorney.  There may be circumstances that we can use to challenge the evidence against you to either get the case against your dropped (also called dismissed) or get a plea deal or plea bargain to get you a lesser offense (like reckless driving; careless driving, or even a traffic citation).

There is no silver bullet when it comes to DUI defense.  A lot of your case will depend on the facts.  When a case is filed, we can get what is called "discovery."  Discovery is essentially all of the evidence in your case (both good and bad evidence).  A good lawyer goes through the evidence with a fine tooth comb and searches for errors that the police may have made to assist your case.  Going through discovery is important so no stone is unturned.  If we find a gold nugget - we'll use it to your advantage.  Again, facts are everything.

I hope this article has been helpful to you.  I will post often.  Leave me a question you need answered and I'll do my best to post a reply here.

Until next time.