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