Probate
Law
Major Industries Represented:
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Automotive
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Hazardous Waste
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Environmental Assessment
CRIMINAL LAW
The
law firm of Cramer | Latham L.L.C. provides services to
clients in the area of criminal defense law. Aric Cramer and Rob Latham limit
their practice almost exclusively to the area of criminal law in order
to provide clients with high quality, zealous and aggressive
professional services to protect clients who have been charged
with a violation of State or Federal laws. Aric Cramer has over
eighteen years of experience in the area of criminal law, litigation
and criminal appellate work. Mr. Cramer has litigated matters
in most of the District Courts, as well as numerous Justice Courts,
throughout the State of Utah. Mr.
Cramer has also handled cases before the Utah Court of Appeals,
the Utah Supreme Court, as well as Federal District Court and
the 10th Circuit Court of Appeals. Mr. Cramer also has an extensive
trial preparation and trial experience as well as appellate
work and habeas corpus representation in both State and Federal
Courts.
Mr. Cramer’s expertise in criminal cases includes the following
types of criminal charges:
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Driving Under the Influence (both misdemeanor
and felony cases)
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Drug Possession and Distribution
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Theft, Embezzlement and Forgery
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Burglary and Robbery and Kidnapping
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Assault of any type
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Violations of Protective Orders, Phone Harassment
and Mayhem
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Sex Crimes Including Lewdness, Sexual Assault,
Incest and Rape cases
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Homicide and Murder Cases
Mr. Cramer also devotes a portion of his practice
to assisting clients for post-conviction remedies. These services
include:
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Appeals to the District Court from Justice
Court decisions
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Appeals to the Court of Appeals from District
Court decisions and convictions
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Appeals to the Utah Supreme Court from decisions
or convictions in the District Court or appeals from the
Utah Court of Appeals
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Appeals to the 10th Circuit Court of Appeals
from decisions of the Utah Federal District Court
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Habeas Corpus cases in both State and Federal
Courts
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Post-conviction reductions in offense levels
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Expungement of criminal offenses
State v. Harrison (PDF file)
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JUVENILE CRIMINAL LAW PRACTICE
The law firm of Cramer | Latham L.L.C.
provides services in the area of juvenile criminal defense law.
The juvenile system is specifically designed for those accused
of criminal activity who are under eighteen years where the
adult system would not be appropriate. The “players” in the
criminal justice system are the juvenile accused of a crime,
the defense attorney, who is usually a private attorney, and
the prosecutor, who is a state paid attorney brining said case
against the juvenile. The juvenile court system is quite
different from the adult system and as such it is important
that you have an attorney who is familiar with the differences
and can assist you with the special needs of your child.
*The Process
of a Juvenile Criminal Case
Juvenile Detention Hearing.
If your son or daughter has been arrested, he
or she can either be cited and released to parents or detained
at a juvenile detention facility. A police officer may
decide to take your child to a detention facility. The detention
facility then determines whether they will accept your child
based on specific guidelines pursuant to the law. If your child
is detained, a “detention hearing” will be set within
forty-eight (48) hours excluding weekends and holidays. At the
detention hearing the Court will determine whether to continue
to detain your child further.
Arraignment/Pretrial.
If your child is not in custody, his or her first court appearance
will be a so called “arraignment.” Your child must appear at
the arraignment with a parent, guardian, or other person with
legal custody. An arraignment is the initial step in a criminal
prosecution whereby the child is brought before the court to
hear the charges and to enter a plea. Arraignments are
held within thirty (30) days from the filing of the petition.
Juvenile Court Trial.
Unlike adult court, your child is not entitled to a jury trial.
The State must, however, prove every element of each offense
beyond a reasonable doubt which means that the State must show
that the facts proven establish the child’s guilt.
Sentencing and Disposition.
If your child is found guilty through a trial or plea, then
your child will be sentenced. The juvenile court in sentencing
your child considers the Juvenile Sentencing Guildlines as promulgated
by the Utah Sentencing Commission. These guidelines take into
consideration the severity of the present offense, the child’s
delinquency history and risk to society, among other things
in determining whether the child will receive probation, state
supervision, community placement or placement in a secure facility.
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FAMILY LAW PRACTICE
The law firm of Cramer | Latham L.L.C. provides services to
clients in the area of family law. Attorney Victoria Cramer
provides clients with high quality, zealous, and ethical professional
services which are tailored to each individual client. Her objective
is to resolve as many issues as possible through negotiation
and settlement. However, if dictated by the circumstances, she
will do everything legally necessary to protect her clients'
interests, including representing her clients at trial.
Ms. Cramer
offers her clients expertise in the following family law matters:
* Divorce (contested and uncontested)
* Annulment
* Modification of divorce decrees
* Lawsuits for paternity
* Child support & alimony
* Child custody and visitation disputes
* Termination of parental rights
* Office of Recovery Services/DCFS hearings
* Adoptions
* Pre-marital and post nuptial agreements
Victoria Cramer has helped numerous clients
to obtain the desired result in their legal matters.
Recent Changes in Child Support and Visitation Laws
The new Senate Bill 23 that took effect on July 1, 2007 provides for a phase in of the new child support tables. All child support orders entered for the first time on or after January 1, 2008 will be based on the new guidelines. The new guidelines increase the base combined child support obligation tables, change the low income tables and address incomes over $10,000.00 per month. If child support has been set on or before December 31, 2007 the old guidelines will apply to modifications made on or before December 31, 2009. In order to initiate change in child support order there has to be a substantial change in circumstances, like changes in custody, changes in relative wealth or assets of the parties, material change of 30% or more in the income of at least one parent, changes in employment potential and ability to earn, changes in medical needs of the child or in the legal responsibilities of either parent to support others. New guidelines will apply to modifications of support orders entered on or before January 1, 2008. Orders entered on or before December 31, 2007 are subject to modification on or after January 1, 2010.
The child support guidelines also define income for child support purposes. The guidelines use gross income from any source in order to determine child support, including Social Security benefits, Workers’ Compensation benefits and unemployment compensation. However, Social Security Disability Insurance payments, SSI payments, Medicaid, Food Stamps are excluded. Sometimes gross income can include imputed income. Income can be imputed only if the parent stipulates to the amount imputed, defaults or the judge orders the income to be imputed after a hearing. The unresolved issue, however, is how to treat temporary orders entered by the courts prior to January 1, 2008. Such orders are subject to argument from both sides. One parent may argue that a temporary order should be grandfathered for child support purposes. The other parent may argue that a temporary order is just that, a temporary order, and can be changed by a permanent order. How the courts will deal with that issue still remains to be seen.
The parent-time (visitation) amendments deal with several issues. First, Halloween has been added to the holiday visitation schedule for children between 5 and 18 years of age. On October 31 a non-custodial parent will be able to pick up his or her child after school is out and visit with the child until 9:00 p.m. Visitation time can be extended. Second, amendments introduce visitation schedule for children of 9 months of age but younger than 12 months of age and for children of 12 months of age or older but younger than 18 months of age. The new amendment also adds virtual visitation to parental options.
The new law on child support guidelines is complex. If you need any legal advice in your specific situation, please contact a qualified attorney.
Child Custody - An Overview
Temporary Hearing: Shortly after the Complaint for Divorce is filed, the family court can hold a temporary hearing and then issue an order that controls the relationship of the parties until there is a final Divorce Decree. The temporary hearing has to be requested by your attorney. When custody is contested, the order creates a temporary custody solution. Unless there is evidence that doing so would not be in the best interest of the child, temporary custody frequently is granted to the person who stays in the marital home. Temporary custody orders should have no bearing on which party will ultimately be awarded permanent custody. However, depending on the circumstances, the temporary custody order may indicate which parent the court thinks is the more suitable.
Custody and Mandatory Mediation: Utah now requires parties in a contested divorce to attempt mediation. Mediation is an Alternative Dispute Resolution (ADR) process where divorcing couples work with a specially trained neutral third party to try and resolve some or all of their disagreements. Couples may choose to reach mediated agreements on issues like child custody while keeping other issues like property division open for a judge to decide. Couples who resolve their custody disputes through mediation can include a provision in their final divorce agreement that make the mediation process mandatory to return to as a means of resolving future custody and visitation disputes.
Custody Evaluations: If the parties are unable to reach an agreement regarding custody, sometimes courts may order a custody evaluation prior to trial. Custody evaluation usually needs to be requested by the parties’ attorneys in order to be ordered. A court appointed mental health professional such as a psychologist or a social worker usually does the custody evaluation. The evaluation will include interviews with both parents and the involved children, observation of the children, conversations with teachers and possible psychological testing of both parents and the child. The courts will usually not enter a final determination without a completed evaluation.
Custody Trial: Most courts decide contested custody cases based upon a determination of what arrangement is in the best interests of the child. Considerations that go into the best interests determination include review of the child's age and attachment to the parent that was the primary caretaker, parental physical and mental health and any history of domestic violence.
Modifications
Once custody has been established either through agreement or court order, parents may seek court involvement to modify the established arrangement if they cannot agree to a change. In order to support a request for a change the parent seeking the modification must show a substantial change in circumstances not foreseeable at the time of the divorce. A simple “buyer’s remorse” is not enough to request such modification.
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ANIMAL LAW PRACTICE
“The greatness of a nation and its moral
progress can be judged by the way its animals are treated.”
- Mohandas Gandhi
Our law firm is on the cutting edge of developing animal
and pet law in Utah including contracts and licensing, ownership
disputes, and veterinary malpractice.
House Bill 190 - Henry's Law
Unfortunately, the 2007 legislative session again ended without
passing the animal torture law. Initially, the bill was drafted
by our law firm. Initially, the Bill was sponsored by Rep. Scott
Wyatt, R-Logan; Rep. Sheryl Allen, R-Bountiful; co-sponsored
by Rep. Neil Hansen, D-Ogden; Rep. John G. Mathis, R-Naples.
The Bill makes the most egregious types of animal abuse and
animal torture a felony. It also enhances animal cruelty crimes
if committed in front of a minor. This signing of this Bill
would signify the fact that Utah joined the majority of other
states where severe animal abuse is a felony. It would also
send a strong deterring message to repeat offenders. The Bill
also exempts agricultural, zoo, and rodeo animals as long as
they are handled in accordance with accepted principles of husbandry.
Please show your support to this very important Bill and contact
your representative to express your support. The Bill will be
reintroduced again in 2008.
Animal Law Issues and Companion Animals
Our clients receive legal help to
address the following issues:
• disputes with condo
associations and landlords
• service dogs for people with disabilities
• ownership/guardianship of animals
• pet trusts
• injuries to pets and veterinary malpractice
Animal Law Cases that
I Handle
The animal law cases that I handle can be divided into certain
categories. One of the categories is licensing
of kennel facilities with various cities throughout Utah. Every
city in Utah has some regulations on how to license dogs and
other animal rescue facilities. Most cities have a limit on
how many dogs a person can own which is usually limited to two.
If a person wants to have more than two dogs, then such person
needs to obtain a kennel license. Sometimes the city requires
a certificate from the Health Department like in Clearfield,
Utah. Before you decide to have several dogs in your household,
please consult with the city ordinance. The consequences of
having more dogs than allowed are grave. Your dogs can be impounded
and you can be fined by the city.
The second type of cases are those involving various
ownership disputes. Some animals are used to produce
a pure breed offspring and to show them in animal shows. Sometimes
these animals are owned by more than one owner. When that happens,
disputes may arise. I have handled several cases where the absence
of a written contract on how to handle a dog in respect to showing
it at dog shows and breeding caused heated disputes. Owners
and breeders clash in serious legal battles and emotions usually
fly high. If you do have a joint animal ownership, it might
be wise to draft an appropriate contract so if the dispute arises
you have your rights protected and will not have to leave the
guess work to the courts.
Another type of cases is neighborhood disputes
over noise and nuisance, sometimes only perceived nuisance,
created by animal rescue organizations and kennels. I have handled
several cases where the neighbors were in a bitter neighborhood
dispute over whether the dog rescue facilities are causing nuisance
to the neighbors.
Finally,
there are cases where animal owners believe that their animals
being negligently or intentionally injured or killed. Those
are also highly emotional cases that include pet shop
negligence and veterinary malpractice.
I carefully screen those cases. Before I file any veterinary
malpractice action, I submit those cases to an expert veterinarian
for review.
Pet Trusts
Animals,
including household pets, are considered to be property of their
owners. However, several court decisions in the USA have held
that the pets occupy a place between property and a person.
Their legal status is somewhat higher than the status of mere
property. This idea found its reflection in the Utah law which
now allows to put money into a pet trust. In order to set a
pet trust, you will need to select a trustee to administer the
trust. It can be an attorney, a family member, a friend or a
bank. You also need to select a caretaker. This is the person
who will provide care for your pet. You need to execute a special
request to the trustee. When determining how much to put in
a trust, please make sure you understand that as the pet ages,
it might need more care. Also, if you have more than one pet,
multiple pet needs have to be covered as well. You would need
to request a desired standard of living for your pet so that
the caretaker can insure that the standard of living is provided
for your pet. It’s advisable to have a trustee checking on the
caretaker; to prepare complete identification of your pet; to
select the remainder of beneficiary if the pet dies for the
money still left in the trust. Also, it is important to provide
instructions on handling your pet's death.
Legal Status of Companion Animals
Companion animals are
considered to be property (like a car) in every state in America.
Some states have passed laws that allow non-economic damages
(payment for the loss of love and company of a pet) to be paid
to animal guardians for the loss of their pets. For example,
Tennessee allows pet guardians to recover non-economic damages
for the loss of a pet, whether such loss was caused by an accident
or on purpose. This law allows payment for the "reasonably expected
society, companionship, love and affection of the pet."
This law limits damages to only $4,000.00 for the death of a
pet. Also, the definition of a pet in Tennessee does not include
any other companion animals but cats and dogs. Other states
have also begun to adopt these kinds of laws.
In a lawsuit out of New
York in 1980
(click here to read the actual case) a woman named Ms. Broussea
delivered a healthy 8 year old dog to board at a Dr. Rosenthal’s
kennel. When she returned to the kennel, the dog was dead. The
judge found that Ms. Broussea was entitled to recover money
damages. The judge struggled with how to make a math formula
to figure the fair measure of Ms. Broussea’s loss. The judge
said "resisting the temptation to romanticize the virtues of
a ‘human’s best friend’, it would be wrong not to acknowledge
the companionship and protection that Ms. Broussea lost with
the death of her canine companion of eight years. The difficulty
of . . . measuring this loss does not absolve [Mr. Rosenthal]
of his obligation to compensate [Ms. Broussea] for that loss,
at least to the meager extent that money can make her whole.
The dog’s age is not a depreciation factor in the court’s calculations,
for manifestly, good dog’s value increases rather than falls
with age and training. The court therefore awarded judgment
to [Ms. Broussea] in the sum of $550 plus costs and disbursements".
However, this case shows that even when judges realize that
pets are more than just property, they still don’t award enough
to compensate pet guardians for the losses.
In another New York case,
the human companion brought a 15 year old poodle to a vet for
treatment.
(Click here to read the actual case). However, the vet recommended
euthanasia. The dog was put to death. The human companion wanted
the dog’s body to be turned over to a funeral organization.
However, when the casket was delivered, the casket contained,
instead of the dog’s body, the body of a cat! A New York judge
said that "a pet is not just a thing but occupies a special
place somewhere in between a person and a piece of personal
property." The judge decided that the human companion was due
money beyond the cost of the dog and found that the dog’s human
companion suffered shock and mental anguish due to the wrongful
destruction and loss of the dog’s body. That judge recognized
that a distressed pet guardian can and should recover for intentional
infliction of emotional distress.
In 1985 a case from Idaho
involved the shooting and killing of a donkey owned by a man
named Richard Gill.
(Click here to read the actual case). The Gills sued not
only for property damage, but for mental anguish. The Appellate
Court held that mental anguish is a proper basis for recovery.
Overall, most judges cannot yet part with the view that companion
animals, although not just mere property like a piece of furniture,
are still not as valuable as humans. Judges seem to still think
that the anguish suffered by humans over the loss of animals
is more of a nominal value rather than an actual value.
I know that many of my
clients feel quite strongly about these issues. I believe that
the judicial attitude comes from our society’s attitude toward
the value of animal life. It also comes from the fact that judges
are bound by the many state laws that still say that animals
are only "property." I believe that it is also important to
continue with the efforts to lobby legislatures of states to
change the laws and raise the value of the animal life, as well
as to increase civil and criminal penalties for negligence,
reckless and intentional infliction of mental or physical injuries
on animals. It is also important to continue to bring such cases
to judges. Eventually, public opinion will evolve.
Pit Bulls
In the case of State v. Leslie
Poppa, Utah Case No. 051301144, I have been retained to
represent a client who was charged with a violation of the City
of West Jordan statute prohibiting possession of vicious animals.
The dog owner had a young male pit bull terrier
who bit a child while the child was visiting the owner's daughter
in the house where the dog lived. Unfortunately, the dog bit
the visiting child and disfigured her face. My client was charged
with a strict liability crime, Class B Misdemeanor under the
West Jordan City statute and his dog was placed in isolation
at the City shelter. To assess the dog's character, we retained
two independent experts. One is a veterinarian and the other
is a dog behaviorist. They both gave assessments from their
own professional standpoints. Unfortunately, neither one of
them could guarantee that the pit bull was not going to bite
again. However, since one of the reports noted a friendly side
of this pit bull, the Judge released the dog back to my client
with understanding that this was the dog's last chance, as well
as imposed a fine. This was a really sweet victory. Needless
to say, the owner was greatly relieved. Unfortunately, pit bulls
historically have been bred for the purposes of fighting with
other animals. However, the dog specialist and veterinarian
were of the opinion that pit bulls are not inherently dangerous
dogs. Improper handling makes them dangerous. This approach
is so much more humane rather than a broad prohibition against
pit bulls exercised by some cities in the United States, like
the recent prohibition that occurred in Denver, Colorado.
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PROBATE LAW
Victoria Cramer also handles contested probate cases. In Utah there are two types of probate cases: formal and informal. Informal probate is less paper intensive and generally less costly. Typical probate case starts with an application for formal or informal probate of will and for an appointment of personal representative.
Personal representative of the estate is usually designated in a will. Personal representative pays the creditors of the deceased, pays the costs of administration of the estate and disburses money to heirs. Personal representative has fiduciary duties to the estate that require him or her to avoid self-dealing and to act for the best interests of the heirs. Personal representative’s duties include also conducting a sale of any real estate of the deceased, location of stock brokerage accounts and their liquidation, location of any unclaimed assets that may become property of the State if not claimed by the estate, sale of the cars and other vehicles of the estate, sale or donation of personal belongings of the deceased. Personal representative also needs to make sure that taxes are prepared and filed. Personal representative is acting upon issuance of Letters Testamentary by the court.
Sometimes a will does not appoint a personal representative. In such cases, the heirs should agree to appoint one.
If personal representative is not acting for the best interests of the estate, he or she can be removed by the court upon the petition by the heirs. In certain cases a special administrator of the estate can be appointed.
Sometimes it is also necessary to petition the court to determine testacy status, to determine heirs, especially when there is no will left by the deceased and to approve final settlement and distribution of the assets. Formal probate needs to be closed by filing a Verified Statement of the Personal Representative Closing Estate.
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BUSINESS LAW & CONTRACTS
Our law firm has helped a lot
of small businesses to get started, drafted their partnership,
employment, non-disclosure, non-compete, non-solicitation contracts,
proprietary information and invention contracts, as well as
supply, distributorship and service contracts. Many problems
can be prevented by carefully drafting contracts before your
business engages in hiring managers, partners or employees.
Such contact needs to define managers’, partners’, and employees’
duties and obligations, their responsibilities and liabilities
for breaching those contracts. We can prepare your necessary
business documents to register your company with the State of
Utah and the IRS.
We also register
non-profit organizations and work with IRS to obtain non-profit
status.
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LITIGATION
AND COLLECTION WORK
Sometimes a lawsuit
is the only answer to a breach of contract or a past due account.
If a litigation becomes necessary, we will prepare a complaint,
perform a thorough discovery, including e-discovery, and take
the case to trial.
In the last ten
years, our firm represented partnerships, LLCs, and other forms
of business in a variety of partnership disputes. We have filed
and defended law suits for corporations, LLCs, partnerships,
and DBAs for breach of fiduciary duties, interference with economic
and prospective economic relations, employee and partner dishonesty.
We have represented automotive, aerospace, hazardous waste industries
in state and federal contractual disputes.
If you believe
that your business is facing liability or has sustained damages,
there are several things you can do immediately: 1. Make copies
of all relevant documents. 2. Check your insurance policies.
3. Get seriously involved in day to day control over your business
and accounting procedures. 4. Contact your accountant.
Please be aware that most law
suits can be filed only within a certain time after the injurous
action occurred. These deadlines are known in law as "statutes
of limitations." These deadlines are different for written contracts
vs. oral contracts vs. fraud actions. Once such a deadline is
missed, you may not be able to collect your debt or obtain a
compensation for the damage.
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PERSONAL
LEGAL WELLNESS CHECK-UP
Like a legal thermometer, this check-up helps
you assess your current legal health to prevent or minimize
legal troubles in your life. Print out your completed
check-up and if you have questions or concerns, please contact
us to find out how we can help you.
(Click
Here for Legal Checklist)
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