This handy infographic from Online Paralegal Programs gives you an general idea on common tricks law enforcement uses to get you to consent to a search or admit guilt.
For more information check out: http://www.online-paralegal-programs.com/legal-rights/
DISCLAIMER: This article should not be construed as legal advice. Please consult with an attorney with the specifics of your case for actual legal advice.
If you have other questions for Atticus Legal Group Divorce Lawyers, DUI, Automobile, and Personal Injury in Salt Lake City or anywhere in Utah Call us 801-784-0529
With the current affairs of NFL running back Adrian Peterson and his legal battle regarding possible child abuse charges; office water cooler talk regarding what is and is not child abuse has reached an all time high. While it is not my place to tell people how to discipline their children, it is my place as a practicing attorney at Atticus Legal Group to way in on what is and what isn’t child abuse in Utah. The last thing you want is a child abuse charge in Salt Lake City.
Under Utah law:
Any person who inflicts upon a child serious physical injury or, having the care or custody of such child, causes or permits another to inflict serious physical injury upon a child is guilty of an offense as follows:
(a) if done intentionally or knowingly, the offense is a felony of the second degree;
(b) if done recklessly, the offense is a felony of the third degree; or
(c) if done with criminal negligence, the offense is a class A misdemeanor.
Any person who inflicts upon a child physical injury or, having the care or custody of such child, causes or permits another to inflict physical injury upon a child is guilty of an offense as follows:
(a) if done intentionally or knowingly, the offense is a class A misdemeanor;
(b) if done recklessly, the offense is a class B misdemeanor; or
(c) if done with criminal negligence, the offense is a class C misdemeanor
Utah Code § 76-5-109 (2011).
Utah further defines physical injury as an injury to or condition of a child, which impairs the physical condition of the child, including:
(i) a bruise or other contusion of the skin;
(ii) a minor laceration or abrasion;
(iii) failure to thrive or malnutrition; or
(iv) any other condition which imperils the child's health or welfare and which is not a serious physical injury
And further defines a serious physical injury as: fracture of any bone or bones;
(B) intracranial bleeding, swelling or contusion of the brain, whether caused by blows, shaking, or causing the child's head to impact with an object or surface;
(C) any burn, including burns inflicted by hot water, or those caused by placing a hot object upon the skin or body of the child;
(D) any injury caused by use of a dangerous weapon as defined in Section 76-1-601;
(E) any combination of two or more physical injuries inflicted by the same person, either at the same time or on different occasions;
(F) any damage to internal organs of the body;
(G) any conduct toward a child that results in severe emotional harm, severe developmental delay or intellectual disability, or severe impairment of the child's ability to function;
(H) any injury that creates a permanent disfigurement or protracted loss or impairment of the function of a bodily member, limb, or organ;
(I) any conduct that causes a child to cease breathing, even if resuscitation is successful following the conduct; or
(J) any conduct that results in starvation or failure to thrive or malnutrition that jeopardized the child’s life.
Having defended child abuse allegations and charges in the past, I can say that in my experience Utah prosecutors and the courts are very protective of children. (And rightfully so). When prosecutors are provided with evidence of bruises, lacerations or other physical proof of harm at the hands of a parent or someone in a parent relationship, the prosecutor is likely to file charges of child abuse.
In answering the original question, is spanking child abuse? The answer is maybe. If you are disciplining your child and use an implement such as a switch, belt, or other item it is likely to leave a mark, and would likely be determined to be child abuse under the law. If you are disciplining your child with an open hand spank, and you leave a mark, bruise, or raise the skin, it is likely to be determined to be child abuse.
I would advise any parent looking for advise on disciplining to turn to your family pediatrician, as they know your child’s medical and mental health history and can offer many alternatives to corporal punishment. I would further advise anyone being charged with child abuse to contact an experienced attorney.
If you have further questions about this yourself or need advice on someone you know, please call Atticus Legal Group at 801-784-0529 and we will help you the best we can.
Atticus Legal Group is a law firm based in Salt Lake City, Sugar House, and Sandy Utah. Providing services in Family and Divorce law, Personal Injury, Criminal law, Bankruptcy, automobile, and DUI.
Life After Divorce Part 1
Divorce is traumatic for all parties involved. Divorce is a major life change in circumstances, often a move in location, and also an adjustment in financial means. With all the transitions occurring at once, it is essential to hire a sympathetic attorney for your divorce proceedings. The attorney will help you prepare for the financial changes in pension or retirement plans, child support or maintenance, custody arrangements, division of property and debt, and alimony. Together with the attorney you will plan for visitation and responsibilities for child care.
Attorneys in Salt Lake City, Sandy, or Provo know that the divorce outcome affects the petitioner for the rest of their lives, so the attorney is careful to counsel you for the best positive outcome. The attorney will guide you to the court mandated Divorce Education class, and suggest the Divorce Orientation Class for minor children. The attorney will arrange a mediator if parties cannot agree on property separation or children, and propose prearrangements for child custody, parental visitation, use of the home, and debt repayment.
After divorce, when all the paperwork is over, is the time to deal with goals and dreams. As a newly single person, it will be an adjustment just to thinking singly instead of jointly. This is the time to be flexible and reflect upon where you want your life to go. Self-examination and an inventory of strengths and weaknesses may reveal an area where personal growth is lacking. This is a good time to pursue educational goals or new job skills training. This is a positive change for the future and goals should mirror the possibilities of your new life.
If you have a penchant for travel, set a goal for saving for a cruise. Begin exploring cruise lines and cruise packages. This is a good time to set a fitness goal and begin a new daytime regime. Look at nutrition plans and start eating healthy. There are so many opportunities for you to create a new self while in the single state of mind. What have you always wanted to do but were afraid to try? Now is the time to pull those dusty dreams out of the cobwebs and begin to fly!
If you have children, setting a routine and a regular schedule for them will help with the divorce transition. Children adapt better when the atmosphere in their home is calm. Children look to their parents to set the tone for their reaction, so if the parent is accepting and relaxed, the child will be also. Children embrace change when it is presented with a positive attitude. Establish a new routine that enforces a regular meal time, snack time and play time. Clear a place at the table for a study station and have a specific plan for tv viewing or disruptions. Arrange folders for homework review and a place for teacher correspondence so the child knows where to place things that need parental signatures. Create a bedtime routine of bath, relaxing story, and a drink of water thirty minutes before lights out. Organization within the home is a positive way to establish boundaries and new habits.
By Atticus Legal Group
9980 South 300 West, #200, Sandy, Utah, 84070 | (801) 784 - 0529
Before you start using the Office of Recovery Services' ("ORS") child support calculator, it is IMPORTANT TO NOTE that the child support worksheets are merely a guideline for estimating child support. only a court (or ORS) can make a final determination of child support awards.
Let's START by entering the parties' names:
Enter the GROSS income for all parties from ALL INCOME SOURCES including: earned and nonearned income sources which may include salaries, wages, commissions, royalties, bonuses, rents, gifts from anyone, prizes, dividends, severance pay, pensions, interest, trust income, alimony from previous marriages, annuities, capital gains, Social Security benefits, workers' compensation benefits, unemployment compensation, income replacement disability insurance benefits, and payments from "nonmeans-tested" government programs.
Your Financial Declaration may be one of the most important documents you file in your case. Your Financial Declaration can help you, or haunt you, throughout your divorce and modification process.
If you are going through another court case (criminal law, guardianship, personal injury, etc.), this guide still has value to you. I have found an accurate Financial Declarations to be a great budgeting tool.
I always advise my clients to hire an attorney to prepare the Financial Declaration (I charge a flat fee of $100 to review, revise, and play “devil’s advocate” against your Financial Declaration). Before I begin my process, I need you to do yours:
Attached is a form “Financial Declaration” in Microsoft Word Format for you to begin drafting.
1. Download the Financial Declaration to your computer. Make sure you save it to a safe location.