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Welcome to the Ogden Utah Attorney site, where you can find an Ogden attorney, learn about the latest legal news, or just get updates on new laws affecting us here in Ogden.

Utah Lawmakers Clarify Fault in Divorce Alimony

imagesIn Utah divorce cases fault is not taken into account when determining whether a couple can divorce . But, under a new Utah law, fault may play an critical role in setting alimony awards. An Ogden Divorce Attorney explains that in Utah marriages, if one of the partners makes significantly more when the marriage ends in divorce, this partner may be required to pay spousal support, otherwise known as alimony, so that the other partner can maintain a standard of living more similar to that enjoyed during the marriage.

Courts in Utah may consider many factors in deciding whether to award spousal support, such as the recipient’s earning capacity and current financial situation, the individual paying alimony’s ability to provide spousal support, the length of the marriage, and whether the recipient helped increase the individual paying alimony’s earning capacity during the marriage by supporting him or her through higher education.

Interestingly, while Utah is a no-fault divorce state (meaning that neither party has to show wrongdoing to dissolve the marriage), Utah courts can consider fault when setting alimony. However, courts had long struggled with how to properly define fault in making a spousal support award.

Find an Ogden Divorce Attorney – Lawyer for divorce and child custody matters in Ogden.

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Utah DUI proposal sparks debate

6-10-2013 6-50-13 PMThe National Transportation Safety Board consented with state legislators to decrease the blood alcohol content level for DUI arrests from .08 to .05 which resulted in mixed responses in Utah.

Ogden Police Lt. Kevin Cottrell agrees with this change, stating that this measure will support the police department in their fight against driving under the influence which means that drivers caught with an alcohol level of .05 will be charged with DUI and require an Ogden DUI attorney.
Anything that impairs your ability to operate a motor vehicle is a concern to us,” Cottrell continued. “Whether it’s a .01 or a .08, anything we can do to help make the roads safer, the end goal is to reduce all accidents and injuries. We would prefer no one drives impaired at all, under any kind of level. If we reached a goal of 0.00, that would be ideal. That’s where we’re headed, and I think it would be a great thing to happen.”
As stated by the Centers for Disease Control and Prevention, a typical 160-pound man would have an alcohol level of .05 after three beers within one hour, which would affect his coordination. CDC also says that in order to reach .08 alcohol level, the existing legal limit, would take four beers within the same time span, thus affecting his reasoning and information processing.
Ogden DUI attorney Michael Studebaker believes alcohol affects everyone differently, and lowering the DUI limit to .05 would unnecessarily leave safe drivers open to an arrest.

Find an Ogden DUI DWI Attorney – Lawyer if you’ve been charged for a DUI/DWI in Ogden.

 

Two small boys found stabbed to death in West Point

6-10-2013 6-36-30 PMOgden, Utah – Devastated family and friends joined together at the Lindquist Ogden Mortuary on Sunday to grieve the tragic loss of two young boys who died after being stabbed by their older brother.
Alex (10 years old) and Benjie Vidinhar , only 4 years of age, have been found a couple of weeks ago dead by knife wounds in their West Point home. Their older brother will need an Ogden Criminal Defense Attorney while facing criminal charges.
On Monday morning, during the funeral, the morning family and friends will be wearing themed T-shirts such as Mickey Mouse and SpongeBob in recollection of the things the boys loved.

Find an Ogden Criminal Defense Lawyer – Attorney  if you’ve facing criminal charges in Ogden Utah.

Ogden Man Arrested in Brigham City Aggravated Bank Robbery

Police arrested Ogden resident Brad Beasley, 29, Tuesday evening in Brigham City and booked him into jail on suspicion of aggravated bank robbery.

Beasley, who is in search of an Ogden Criminal Defense Lawyer-Attorney, entered Chase Bank, 101 S. Main St., around 6:02 p.m. Tuesday, wearing a mask and gloves. According to a police report, he demanded money from two bank tellers, who obliged.

The release states a witness saw a man run from the bank and hide the money before brandishing a gun and stealing a green Dodge pickup truck that had been occupied by a man, a woman and a young child. The man and woman were out of the vehicle when the suspect approached, and the man gave the suspect the keys.

The suspect then drove off in the pickup before crashing into a cement barricade at 500 S. 400 East, where police took the man into custody around 6:10 p.m. According to the release, the suspect spat on and bit the officers attempting to arrest him.

After being checked at Brigham City Community Hospital, Beasley was booked into Box Elder County Jail and will face charges of aggravated bank robbery, aggravated robbery/auto theft, felony evading, resisting arrest and attempted disarming of a police officer, the release states.

Click here for more information regarding this case.

Find an Ogden Criminal Defense Lawyer-Attorney – if you are currently facing criminal matters in Ogden, Utah.

Man Awaiting Weber Embezzlement Trial Facing Charges He Laundered Stolen Money

A former title company owner awaiting trial for embezzling has been jailed for money laundering and other interests he allegedly pursued after his first arrest.

Russell Charles Maughan, 59,  who is currently seeking an Ogden Criminal Defense Attorney,  has been held without bail in Weber County Jail since Feb. 12 on the new allegations.

In June, Maughan was charged with theft and obstruction of justice regarding $325,000 his company held for the Weber School District after the sale of district property to the city of Huntsville in fall 2011.

In the new communications fraud and money-laundering allegations, Maughan is accused of moving stolen money through multiple bank accounts and, the probable cause affidavit claims simply, “spending it.” The transactions took place from August 2012 through January this year.

Maughan’s business, Home Abstract and Title Co., was located, ironically, next door to the Weber County Attorney’s Office in the Weber Center building downtown. The office is now prosecuting him.

Ogden police were also called in when the school district never received the sale proceeds of the 6-acre Huntsville deal, which had been held in an escrow account maintained by Maughan. Police say Maughan misappropriated the money for his business and personal use between November 2011 and May 2012.

Maughan faces a Feb. 26 status conference on the new case, also before Hyde. The same date was set in November as the pretrial conference on the pending embezzlement case, usually held as the last court date before trial for announcement of a plea bargain.

Click here for more information regarding this case.

Find an Ogden Criminal Defense Lawyer-Attorney – if you are currently facing criminal matters in Ogden, Utah.

Two Men Arrested in Movie Theater After Ogden Bank Robbery

Two men were arrested following a robbery Tuesday at a Wells Fargo Bank, 2389 Washington Blvd.

The two arrested were Kaden Peacock, 19, and Nikolas Otvos, 33, said Ogden Police Lt. Tony Fox. With no Ogden Theft Defense Lawyer-Attorney appointed, they have been booked into Weber County Jail on suspicion of robbery and were being held on $10,000 bond.

The Wells Fargo bank was robbed around 3:30 p.m.

Peacock and Otvos entered the bank, and one of the men gave a note to a teller, demanding cash, Fox said. There was no report of a weapon being displayed, and no one was hurt in the robbery.

Information was not available regarding how much money was stolen or how many customers were in the bank at the time of the robbery.

The suspects ran westbound from the bank. Officers, who checked several nearby businesses, later found them inside the Megaplex theater at The Junction, 2351 Kiesel Ave. They were taken into custody without incident.

Some of the money stolen from the bank has been recovered from the suspects, Fox said.

Click here to read more regarding this case

Find an Ogden Criminal Defense Lawyer – Attorney  if you are currently facing criminal charges in Ogden, Utah.

Utah Couple Arrested for More Than One Pound of Heroin

An investigation was launched by the Ada County Sheriff’s Office and federal Drug Enforcement Administration, which landed an Ogden, Utah couple looking to sell heroin behind bars on January 18th.

Although an Ogden Drug Possession Defense Lawyer-Attorney has not yet been appointed, Jaime Alonso Lopez-Barraza, 25, reportedly tried to sell more than 1 pound of heroin to officers in an arranged swap at a parking lot on South Federal Way.

The ACSO narcotics team and DEA Narcotics Task Force received information that Lopez-Barraza was in possession of heroin with intent to sell, and arranged for an undercover officer to contact the man.

Lopez-Barraza arrived at the parking lot about 2 p.m. Jan. 18, and was taken into custody by officers without incident. A half-kilo of heroin was found inside the vehicle, as was 21-year-old Kimberly J. Acosta, also from Ogden, and the couple’s 1-month-old child.

Officers determined the child was in danger and was placed in the custody of the Idaho Department of Health and Welfare.

Lopez-Barraza and Acosta were booked into the Ada County Jail on felony drug trafficking charges. The street value of the heroin in their possession was estimated to be approximately $19,000.

Click here for more information regarding this case.

Find an Ogden Criminal Defense Lawyer – Attorney  if you are currently facing criminal charges in Ogden, Utah.

Shootout Suspect Sues for Damages to Home

A Utah man is suing his insurance company to cover the damage caused in a deadly shootout with police, his lawyer said.

Though Stewart’s Ogden Murder Defense Lawyer-Attorney said his client is entitled to the full amount of damages to his home, the insurance company said in a letter it is not liable for “intentional damage” done to the property.

Matthew D. Stewart, 38, returned a check worth $3,321.29 from his insurance company, Fire Insurance Exchange and Farmers Insurance Group, to cover a portion of the estimated $8,400 in damages to his Ogden home caused during a drug raid, The Salt Lake Tribune said Sunday. Stewart is charged with aggravated murder for allegedly shooting Webster Morgan Strike Force Agent Jared Francom Jan. 4, 2012. Francom was one of several agents to raid Stewart’s home on suspicion of a marijuana-growing operation inside.

Stewart allegedly began firing at officers, striking and killing Francom, as well as injuring many other officers.  Stewart has pleaded not guilty and is currently awaiting trial.

Click here to read more about the ongoing case.

Find an Ogden Drug Possession Lawyer – Attorney  if you are currently facing criminal charges in Ogden, Utah.

Father Throws His Baby Up and Down, Then Fights Cops

A man was arrested  after throwing his 5-month-old daughter into the air and handling the child aggressively while walking several blocks down a West Side street, according to Chicago police.

Although an Ogden Child Custody Attorney-Lawyer has not yet been appointed, the father, Lexton Jenkins, 22, was charged with four misdemeanors: endangering the life and health of a child, simple assault, resisting arrest and violating an order of protection.

Witnesses called 911 about 11 p.m. Wednesday when they saw the man near West Cermak Road and South Hamlin Avenue.

Ogden District police officers arrived at the 3900 block of Cermak and saw the man wearing a shirt, pants and socks, police said. His daughter was only wearing pajamas. The officers took the girl into the warmth of a squad car, police said. But the father put up a fight with the officers, who had to wrestle him to the ground in order to bring him into custody.

Police said it is believed the father might have had illegal drugs in his system.

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Find an Ogden Custody Attorney – Lawyer for divorce and child custody matters in Ogden, Utah.

Search Turns Up Machete & Meth in Ogden

Running a stop sign landed a man in jail for intent to distribute.

James Patrick Henderson, 45, a man in need of an Ogden Drug Possession Defense Lawyer-Attorney, was stopped by police on the 2300 block of Grant Avenue on Saturday.

During the stop, police saw Henderson reaching under his seat. A search found that Henderson attempted to conceal a machete. Officers also found an 8-inch fixed-blade hunting-style knife.

Officers also called in a canine unit and found plastic baggies containing Oxycontin and methamphetamine, as well as a case containing hypodermic needles.

Police arrested Henderson for possession of methamphetamine with intent to distribute, possession of drug paraphernalia, possession of a dangerous weapon, driving under the influence of alcohol or drugs, driving with an expired registration and expired driver’s license, as well as not heeding a right of way stop sign.

Click here to read more about the case.

Find an Ogden Drug Possession Lawyer – Attorney  if you are currently facing criminal charges in Ogden, Utah.