Thursday, February 27, 2020

Is A Loan Modification A Good Idea?

Is A Loan Modification A Good Idea

Sometimes all you need is a little break when you find yourself struggling to make your mortgage payments. A loan modification program can provide relief by making permanent or temporary changes to your loan, such as by reducing your interest rate or extending your payments. You don’t have to default entirely you can make a few adjustments and get back on track without doing significant damage to your credit.

A loan modification is a change to the original terms of your mortgage, typically due to financial hardship. The goal is to reduce your monthly payment and this can be achieved in a variety of ways. Your lender will calculate a new monthly payment based on amendments made to your initial mortgage contract.

Options for Loan Modifications

Some types of modification are better than others, and your lender might not offer all of them, although it might have additional options. Options include:

• Principal reduction: Your lender can eliminate a portion of your debt, allowing you to repay less than you originally borrowed. It will recalculate your monthly payments based on this decreased balance, so they should be smaller. Lenders are typically reluctant to reduce the principal on loans, however. They’re more eager to change other features which can result in more of a profit for them not a loss. If you’re fortunate enough to get approved for a principal reduction, discuss the implications with a tax advisor before moving forward because you might find that owe taxes on the forgiven debt. This type of modification is usually the most difficult to qualify for.

• Lower interest rate: Your lender can also reduce your interest rates, which will reduce your required monthly payments. Sometimes these rate reductions are temporary, however, so read through the details carefully and prepare yourself for the day when your payments might increase again.

• Extended term: You’ll have more years to repay your debt with a longer-term loan, and this, too, will result in lower monthly payments. This option is commonly referred to as “re-amortization.” But longer repayment periods usually result in higher interest costs overall because you’re paying interest across more months. You could end up paying more for your loan than you were originally going to pay.

• Convert to a fixed rate: You can prevent problems by switching to a fixed-rate loan if your adjustable rate mortgage is threatening to become unaffordable.

• Postpone payments: You might be able to skip a few loan payments. This can be a good solution if you’re between jobs but you know you have a paycheck out there on the horizon somewhere, or if you have surprise medical expenses that will be paid off eventually. This type of modification is often referred to as a “forbearance agreement.” You’ll have to make up those missed payments at some point, however. Your lender will add them to the end of your loan so it will take a few extra months to pay off the debt.

Depending on the type of loan you have, it might be easier to qualify for a loan modification. Government programs like FHA loans, VA loans, and USDA loans offer relief, and some federal and state agencies can also help. Speak with your loan servicer or a HUD-approved counselor for details. For other loans, try the Fannie Mae Mortgage Help Network. The federal government offered the Home Affordable Modification Program (HAMP) beginning in 2009, but that expired on Dec. 31, 2016. The Home Affordable Refinance Program (HARP) expired two years later at the end of 2018. But HARP has been replaced by Freddie Mac’s Enhanced Relief Refinance Program and by Fannie Mae’s High Loan-to-Value Refinance Option, so these might be a good place to start for assistance.

Why Lenders Modify Loans

Modification is an alternative to foreclosure or a short sale. It’s easier for homeowners and it tends to be less expensive for lenders than other legal options. You get to stay in your home, and your credit suffers less from modification than it would after a foreclosure. Otherwise, your lender has several unattractive options when and if you stop making mortgage payments and it must foreclose or approve a short sale. It can:

• Attempt to collect the money you owe through wage garnishment, bank levies, or collection agencies
• Write the loan off as a loss
• Lose the ability to recover funds if you declare bankruptcy
These options damage your credit, and they’re expensive and time-consuming for lenders.
How to Get a Loan Modification
• Start with a phone call or online inquiry, and let your lender know about your financial situation. Just be honest and explain why it’s hard for you to make your mortgage payments right now.
• Lenders will require an application and details about your finances to evaluate your request, and some require that you also be delinquent with your mortgage payments, usually by 60 days. Be prepared to provide certain information:
• Income: How much you earn and where it comes from
• Expenses: How much you spend each month, and how much goes toward different categories like housing, food, and transportation
• Documents: Proof of your financial situation, including pay stubs, bank statements, tax returns, loan statements, and other important agreements
• A hardship letter: Explain what happened that affects you making your current mortgage payments, and how you hope to or have rectified the situation. Your other documentation should support this information.
• IRS Form 4506-T: Allows the lender to access your tax information from the Internal Revenue Service if you can’t or don’t supply it yourself.

The application process can take several hours. You’ll have to fill out forms, gather information, and submit everything in the format your lender requires. Your application might be pushed aside or worse, rejected if something your lender asked for is missing or outdated, such as a tax return that’s three years old. It might be several weeks before your lender gives you an answer, and it can take even longer to actually change your loan when and if you get approved. Keep in frequent contact with your lender during this time. It might have questions and just hasn’t gotten around to calling you yet. It’s usually best to do what your bank tells you to do during this time, if at all possible. For example, you might be instructed to continue making payments. Doing so could help you qualify for modification. In fact, this is a requirement for approval with some lenders. Lenders have different criteria for approving modification requests, so there’s no way to know if you’ll qualify. The only way to find out is to ask. Unfortunately, homeowners in distress attract con artists. Beware of promises that sound too good to be true. It’s best to work directly with your lender to be on the safe side. Some organizations will promise to help you get approved for a loan modification, but these services come at a steep price and you can easily do everything yourself. They typically charge you, sometimes exorbitantly, to do nothing more than collect documents from you and submit them to your lender on your behalf.
In some states, they’re not legally permitted to charge a fee in advance to negotiate with your lender, and in other states, they’re not allowed to negotiate for you regardless of when you pay them. Of course, don’t count on them telling you this.

Modification is typically an option for borrowers who are unable to refinance, but it might be possible to replace your existing loan with a brand new one. A new loan might have a lower interest rate and a longer repayment period, so the result would be the same you’d have lower payments going forward. You’ll probably have to pay closing costs on the new loan, however, and you’ll also need decent credit.

Consider Bankruptcy

If all else fails, you might have one other option filing for Chapter 13 bankruptcy. This isn’t the same as a Chapter 7 bankruptcy where the court takes control of your non-exempt assets, if any, and liquidates them to pay your creditors. Chapter 13 allows you to enter into a court-approved payment plan to pay off your debts, usually for three to five years. You can include your mortgage arrears if you qualify, allowing you to catch up and get back on your feet, but you must typically continue to make your current mortgage payments during this time period. This might be possible, however, if you can consolidate your other debts into the payment plan as well. You must have sufficient income to qualify. A loan modification can help if you’re behind on paying a loan, such as a mortgage. Defaulting on a secured loan can result in the loss of your home, car, or other valuable possession.

Although refinancing a loan is one possibility that can avoid, for example, foreclosure, it may also be possible to modify your loan. With a loan modification, you keep your existing loan, but the lender agrees to changes in its terms. A modified loan may have a lower interest rate. You could even have a variable interest rate converted to a fixed-rate. The length of your term may be extended as well. A lender will often consider your circumstances to find a solution that helps you pay back the principle. The alternatives, including foreclosure, can be extremely costly not just for you, but your lender or financial institution. You may also face aggressive collections actions. There are specific qualifications if you are considering mortgage modification. The requirements include being delinquent on a loan for at least 60 days, having an imminent danger of default, and demonstrating financial hardship, such as the loss of a job, spouse, or physical or mental capacity to repay the loan. Generally, you can modify a loan when you have bad credit. Lower payments can help you get back on your feet. As a result, the loan will be stretched out longer. But the paperwork for modifying loans can be complex. The process may be worthwhile in the long run, but to determine if it’s a good idea for you, consider the following:

• The process takes time: Loan modifications require a lot of paperwork that can be long and frustrating. If your circumstances are bad enough, and you risk losing your home, the process may be worth it. You are most likely to consider this route, with the help of an Orange County bankruptcy attorney, if you’re behind in payments or poor loan terms are hurting your finances.

• It’s easy to be conned: Scam artists and even entire organizations prey on consumers who are struggling. If your home is foreclosed on, it goes on public record, so con artists have access to your information. You may approach your lender or bank about the situation. But the information provided is available to other companies, which may try to trick you into a financial solution. If any company contacts you, research with the Consumer Financial Protection Bureau to see if it has engaged in illegal activities; otherwise you may be conned into sending money that doesn’t go towards your loan.

• Your credit: A loan modification may be noted on your credit report. Although the impact isn’t as severe as foreclosure, the process can lower your credit score and affect your eligibility for future loans. Changing your mortgage terms is all about weighing the risks. If your financial circumstances are tough enough, having to pay the loan over a longer period, with more interest, is a better alternative to, for example, losing your home.

Loan modifications can be confusing. There is a lot of paperwork and most of it is full of legalese. In many cases, homeowners find that it is far too easy to agree to something when they don’t realize what it is they are agreeing to. There isn’t just one approach to modifying a loan. You may have modified your student loans. That doesn’t mean that it will be just as easy to modify your home or car loan. They have their own oddities. Some federal student loans allow borrowers in repayment to skip their payments for a month or even a year – without any interest added. Other federal student loans do not. The boundaries for what is possible and what’s not are very clear, but they are specific to each and every lender. If you have questions about loan modifications or you are struggling with debt and trying to make your mortgage payment, please get in touch with one of the experienced loan modification attorneys.

Loan Modification Lawyer Free Consultation

When you need to get a loan modification, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
<span itemprop=”addressLocality”>West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/is-a-loan-modification-a-good-idea/

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Wednesday, February 26, 2020

Removal Of Hazardous Waste

Removal Of Hazardous Waste

The U.S. Environmental Protection Agency (EPA) has authority over matters concerning the proper disposal of hazardous waste. But what exactly is hazardous waste, and how should it be disposed of? What rules or regulations apply to small business owners in particular?

A number of industries and business types handle hazardous waste, some more than others, but failure to comply with federal and other regulations can result in fines or lawsuits and ultimately sink a small business. The following information will help you determine what, if any, materials handled by your company are hazardous and what to do about them.

Under EPA regulatory guidelines, to be considered hazardous any waste must first meet the definition of “solid waste” as defined by the EPA. The term “solid waste” does not have the common meaning these words typically conjure. In fact, “solid” waste under EPA laws and regulations means any solid, liquid, or contained gaseous material that is no longer being used and is either recycled, thrown away, or stored until enough is collected to treat or dispose of it.

If a waste meets the definition of “solid waste” it is considered to be hazardous if:

• It is one of over 400 wastes included on one of the four lists of hazardous waste as contained in the federal Resource Conservation and Recovery Act (RCRA) regulations, meaning that it is a “listed waste;” (i.e., it has been shown to be harmful to health and the environment when not properly managed); or
• It exhibits one of the four defined hazardous waste characteristics, meaning that it is a “characteristic waste.” The four hazardous waste characteristics are:
(1) Ignitability (waste that catches on fire easily when exposed to heat, such as solvents, paint wastes, and gasoline);
(2) Corrosivity (waste that “eats” other matter, such as battery acid, caustic paint strippers, and some alkaline or lime-based floor cleaners);
(3) Reactivity (such as certain cyanides or sulfide-bearing wastes or any other waste that is unstable, explosive, or toxic when mixed with water, or another substance or exposed to heat or pressure); or
(4) Toxicity (wastes that are harmful or fatal when ingested or absorbed, such as gasoline and solvents).

Note: There are some exemptions from the definition of hazardous waste for waste that would otherwise meet these criteria.

Warning: Just because a particular waste is not listed on a RCRA regulations list, that does not necessarily mean it is not included on a state hazardous waste list. Both federal and state law for the appropriate jurisdiction need to be complied with.

How Do I Get Rid of It?

There are specific laws and regulations that govern how hazardous waste may be disposed of, and there are other, separate federal laws that allow for the imposition of criminal penalties if hazardous waste is not disposed of properly. There are also state laws regarding the disposal of hazardous waste that must be followed.

The EPA has established three different sets of rules for the disposal of hazardous waste. The set a particular enterprise or company must comply with depends upon how much waste they “generate.” Large quantity generators (LQGs) and small quantity generators (SQGs) have specific rules they each must follow. Then, there may be some conditionally exempt small quantity generators (CESQGs) who do not have to comply with hazardous waste management regulations.

The majority of business owners probably fall in the SQG category, that requires generation of between 220 and 2,200 pounds of waste per month, or the exempt CESQG category. LQGs must produce serious amounts of waste per month-more than 2,200 pounds per month-and have more stringent storage and disposal requirements. Information will only be provided, therefore, on storage and disposal requirements for SQGs.

SQGs must obtain an EPA identification number and are allowed to accumulate hazardous waste on-site for up to 180 days without having to obtain a permit. An extension may be granted if the waste must be transported more than 200 miles away for recovery, treatment, or disposal. SQGs must store their waste in tanks or containers that are properly constructed, labeled, sealed, and maintained. If the waste is stored where it was generated, it is called “satellite accumulated waste.”

Most hazardous wastes may not be “land disposed” unless they meet “treatment standards” as set for by the EPA’s Land Disposal Restrictions (LDR) program. It is the responsibility of the SQG to ensure that any waste that is to be land disposed either be treated to reduce hazardous constituents to a level approved by the EPA or by using a special, approved technology.

If hazardous waste is treated on-site in an unacceptable or unapproved manner the wrongdoer can face fines up to $50,000 per day of violation and jail time.

Other options for waste disposal are recycling and off-site disposal. In some circumstances, wastes can be disposed of on-site even though they may be considered hazardous. This is a limited exclusion that allows business owners to essentially “flush” wastes that are mixed with domestic sewage and are discharged to a publicly owned treatment works. The exclusion is commonly called the “domestic sewage exclusion” (DSE). The DSE is the only acceptable method of on-site hazardous waste disposal, and it is not available in every situation.

Hazardous Waste Lawyer Free Consultation

When you need legal help with Hazardous Waste in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
<span itemprop=”addressLocality”>West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/removal-of-hazardous-waste/

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How Do I Find Probate Homes?

How Do I Find Probate Homes

Probate leads are potential seller clients who inherit properties they often want to sell quickly after going through the probate process (the legal process of transferring the assets of a deceased person to heirs). Since many heirs live out of state, or are otherwise not prepared to maintain the property, they often look to sell quickly. While probate leads are great, in order to be truly successful you need to access as many leads as possible.

For most new real estate investors, locating, pitching, and closing probate leads sounds right up there with root canal as a way to spend an afternoon. You may even think probate investors are like ambulance chasing lawyers-except they actually chase hearses! The last thing you want to do is bother a grieving widow to make a buck, so probate investing is just not worth it. That is until you start reading about the jaw dropping deals many investors who specialize in probate leads are pulling in. Like most great real estate lead generation strategies, the hardest part is getting started.

That’s why we put together this guide. In this article we’ll tell you everything you need to know to start locating, pitching and closing probate properties the right way. No hearse chasing required. When it comes to real estate investing, lead generation is always a road block for new investors. They may have the cash, they may have the knowledge, they may have a great contractor, but when it comes too actually finding leads, most new investors are at a loss. How on earth do you manage to buy properties for less than they are really worth?

In order to buy probate properties or any property for below market value, one of four basic conditions must be met:

• The owner should want or need to sell the property quickly
• The owner should live out of state and not have the time, energy, or money to maintain the property
• If they’re not in or close to the foreclosure process, the owner shouldn’t be underwater on their mortgage
• The owner shouldn’t need the home as their primary residence

While pre foreclosures and short sales meet the first condition and absentee owners the second two, probate leads often meet all three conditions. For example, someone who unexpectedly inherits a home from a deceased relative is often unprepared for the financial burden of owning and maintaining a second home, often lives out of state, and rarely needs the home as a primary residence. Even better, since the mortgages of deceased people are often paid off, they own the property free and clear. That means any profit from selling the home will be seen as a windfall.

How to Buy Probate Properties

Probate properties are owned by the estate of a deceased homeowner and are often sold below market value to property investors and potential homebuyers. The process of purchasing these properties can take anywhere from 6 months to several years. Before buying a probate property, you should understand where to find these properties, how to purchase these properties, and the process of court approval for your purchase.

Finding Probate Property

• Contact local real estate agents: Probate property sales may be marketed like any other home sales, which mean that local real estate agents may have probate listings. The executor of the estate (the person in charge of disbursing a person’s goods after they die), will hire a real estate agency to handle the marketing and sale of the property.
• Call local real estate agents and explain that you are interested in purchasing a probate property.
• Ask them whether they handle probate properties.
• A good real estate agent will know when probate properties are coming available and be able to guide you through the probate process.
• Be very clear with your agent about how much you are willing to spend and the type of property you are interested in purchasing.
Contact your local probate court: A more direct way to identify probate properties is to go directly to probate court and speak with the court clerk. If there is not a specific clerk assigned to the probate court, ask to speak with a staff person who handles probate cases. You should request a list of individual probate cases filed within the previous six months.
• Once you get the list, you can identify all cases that remain open by checking the court’s online docket or by asking the staff person. The staff person can also provide you with information on how to check the docket electronically.
• After identifying open estates, request the inventories for each. When an estate goes through probate, the executor is required to take a complete inventory of the decedent’s property and file that inventory with the court.
• If you find any estates with property in an area that is desirable to you, contact the attorney for the estate or the executor. Their contact information should be on the case docket sheet maintained by the court.
• You should contact each representative directly and request information as to the status of the property, how they are handling the sale, and whether an asking price has been established. If the executor is very motivated to sell, they may negotiate with you directly if the court has already approved the asking price.

Buy property at a public auction: Certain properties are more typically sold at auction, such as farms. Public auctions are advertised and a number of buyers may show up to bid on one or more properties.
• If you are interested in probate properties because they can sometimes be acquired at a lower cost, you should be wary of purchasing at an auction. Properties sold at auction generally sell at or above fair market value for the property.

Review local newspapers: Local newspapers provide a variety of information that can be used to locate probate properties. When reviewing local newspaper, look for the following:
• Obituary notices;
• Published notices to creditors; and
• Notices of petition to administer an estate to be probate.
• All of these documents direct you to current estates in probate that may include real estate. As discussed above, you can follow-up on any of the notices in the local paper at probate court and request an inventory of the estate.

Buying Probate Property

Prepare for a lengthy sales process: After identifying a probate property in which you are interested, you should be prepared for a potentially long process. Generally, purchasing a probate property takes at least six months and could take much longer. If you have a hard timeline for moving into a property, it may be better not to purchase a probate property.

Make an offer: You can make an offer on the probate property at any time. However, you should be aware that there are specific requirements for probate properties that are not typically required for regular real estate.
• When you make an offer, you must also give a deposit of 10% of the offer price.
• The representative of the estate may accept or give a counter offer.
• Even if your offer is accepted, it is only a provisional acceptance until the probate court confirms the offer.
• If you are overbid or the court does not confirm you as the buyer, you should be able to get your 10% deposit refunded to you. If you choose not to move forward with the purchase on your own, you will lose your 10% deposit. If you are approved as the buyer, your deposit will go towards the purchase of the property.

Ask for an inspection: If your offer is accepted, you should request to have a home inspection. Most often, family members selling a property do not know all of the problems with the property. By having the home inspected, you get a better understanding of the potential problems with the home and whether the value of the home is less than you originally anticipated.
• It is important to note that some sellers may refuse an inspection and that probate property sales are “as is.” This means that you are purchasing the home in its current condition without any warranties from the seller.
• If the inspection uncovers that the home is in utter disrepair and needs a significant investment to make the home livable, you will have to decide what is in your best interest.
• Remember, if you withdraw your offer you will lose your deposit.
Finalizing the Purchase of Probate Property in Court
Move forward after the offer is accepted: Once the seller accepts your offer the attorney for the estate applies for a court date so that the sale can be confirmed.
• The court date is usually between 30 to 45 days from when the application for a date is submitted.
• The court requires that the estate advertise the property with the new accepted price. Some states, such as California, require that the new probate price be marketed to the public as 5% higher than the offer plus $500.
• Even after the court date is set, real estate agents can continue to show the property with the hope of getting a higher bid for the property.
Attend court hearing: In order for the sale to be confirmed, you must attend a court hearing, along with any other buyers interested in the property. The court will identify the property you made an offer on and then conduct an auction style bidding process. If there are no other bidders, then the court will most likely confirm your offer.

Outbid other buyers: If there are other interested parties, the court will begin raising the price of the property at an incremental rate until a final bidder is left. This process is referred to as overbidding. If another buyer outbids your initial bid, you have the right to continue bidding on the property until a final bidder remains by outbidding everyone else.

• The court may choose to raise the price of the house by increments of $5,000 or adopt a more complicated formula. For example, some courts may set the minimum overbid as “the accepted offer plus 10% of the first $10,000 plus 5% of the balance.
• In order for an overbid to be successful, the over bidder must present the court with a cashier’s check made payable to the estate in an amount that is at least 10% of the overbid price.
• Therefore, those who intend to engage in overbidding must set a top amount that they are willing to pay and have a cashier’s check in that amount prior to attending the court hearing.
• If you placed the initial bid on the property and you want to ensure that you are not outbid, you should bring a cashier’s check with you to the court hearing so that you can engage in the bidding process if necessary.
• If an over bidder fails to have the correct payment, either in form or amount, or the payment is made out to the wrong party, the court will not confirm their purchase of the property.
Finalize the purchase: Once a bidder is confirmed as the purchaser, they have to demonstrate that they have the financing to move forward with the purchase of the property. The buyer would then sign a contract with the estate court.
• The buyer and the estate would close on the real estate transaction, all funds would be transferred to the estate, and the buyer would become the new property owner.
• This process may take about 30-45 days from the court hearing.[14]

Rather than trying to locate a real estate agent with experience in probate properties, you could go to your local probate court to find them. When you get there, ask to speak with the court clerk or the individual assigned to the probate court. To make sure you get the right list, ask for the last six months’ worth of probate cases. After receiving the probate cases, identify the ones that remain open by checking the court’s online docket or by asking someone who works at the court office.

Once you recognize the open estates, make sure you ask for the inventory for each property. The inventory is drawn up by the executor of the property and then gets filed with the court. If you find any properties that you would like to view, contact the executor or the attorney for the estate by using the contact information on the docket sheet. Make sure you talk to either the executor or the attorney directly to understand more about the property. You want to know if there have been any offers made, how the executor is handling the sale, and if the court has approved an asking price. If one has been approved and the executor is motivated to sell, they may negotiate with you directly.

Probate Lawyer Free Consultation

When you need legal help with probate in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
<span itemprop=”addressLocality”>West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/how-do-i-find-probate-homes/

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Tuesday, February 25, 2020

Selling Construction Material To Unlicensed Contractors

Selling Construction Material To Unlicensed Contractors

We as a whole prefer to spare a buck where we can. Employing an unlicensed contractor to spare a buck can carry incredible dangers to you and to your family home. While leaving on a home improvement venture can be a thrilling undertaking, doing as such expects you to put your trust, future satisfaction, and prosperity in the hands of outsiders. That is the reason it is basic that you pick a contractor cautiously, and without compromising. Possibly sparing a dollar in the short run, can cost you beyond all doubt over the long haul. Unlicensed contractors will in general be temperamental, and perform work in a poor design, with second rate materials, and infringing upon construction regulations. An unlicensed contractor is probably not going to pursue the required construction norms clung to by authorized contractors, prompting second rate and unacceptable workmanship that can finish up costing you essentially more than if you had enlisted an authorized contractor at the start. An unlicensed contractor is probably not going to have risk protection. That implies that if your neighbor is harmed or its home ends up harmed because of your contractor, you can be held actually obligated for any such harms or wounds. Since your property holders’ protection strategy likely prohibits cases emerging from unlicensed construction rehearses, you face the danger of money related ruin to fulfill such risk.

Regardless of whether it is your very own home that is harmed and harmed because of a later setback, your back up plan may deny your case in the event that it tends to be appeared unlicensed work was performed on your home. As unreasonable as it sounds, you may likewise be in charge of the hospital expenses, lost wages, and different harms supported by your unlicensed contractor on the off chance that the person is harmed while working unlawfully on your home.

Other than these extreme money related results, there are different dangers to you too. For example, since your unlicensed contractor is unfit to acquire licenses for the work being outfitted on your home, the neighborhood allowing expert won’t examine such work for consistence with appropriate codes, and to guarantee that the base guidelines for construction have been pursued. You can likewise be found infringing upon your locale overseeing reports for having performed unpermitted work. In the event that that occurs, you will be unfit to get another grant to play out any work on your home, you will probably confront solid money related fines, and you will be unfit to sell or renegotiate your home until such issues are redressed. Your protection and home loan organizations can discover you in default of your home loan and protection arrangements, and you can get yourself uninsured, and being required by your home loan organization to fulfill your home loan in full or face abandonment. You are likewise in danger for arraignment for helping and abetting of unlicensed contracting. Alongside the capability of such a conviction, you can confront extra thoughtful punishments of up to $5,000 for every infringement. In each express, an individual making enhancements that are surpassing a specific dollar edge is required to have a legitimate contractor’s permit.

Generally the sum is five hundred dollars ($500.00). Any work over this figure requires getting a contractor’s permit issued by the express contractor’s authorizing board. Inability to get a permit commonly has an extreme effect upon the individual playing out the work.
Each state requires a composed contract for upgrades normally surpassing five hundred dollars, and it must be dated and marked by the mortgage holder and the contractor. Moreover, many state resolutions require the contractor’s permit number be on the agreement with reference that any customer objection be coordinated to the express contractor’s authorizing board. This ought to be prominently set on the archive with the location and phone number of the board.

On the off chance that an unlicensed contractor completes a redesign or other improvement for a buyer where the expenses of the administrations and materials surpass the limit sum, the property holder under shifting state resolutions isn’t committed to pay the unlicensed contractor for administrations and materials rendered. The reason is that numerous states like California have rules expressing that people performing enhancements where a contractor’s permit is required can’t document a claim for installment. State governing bodies sanctioned the resolutions to secure the public. They require the participation at classes and section of a state examination to end up authorized in that state. This guarantees the individual doing contracting work has the negligibly required preparing, instruction, and experience to execute as an authorized contractor and knows about the standard of consideration and the acknowledged custom and practices in the construction business. On the off chance that a property holder enlisted an unlicensed contractor to rebuild a washroom at a cost surpassing $500 and the establishment was imperfect, for example, the tile was not appropriately laid with a dampness obstruction as required inside industry benchmarks, not exclusively is the mortgage holder legitimately qualified for not pay the unlicensed contractor, the mortgage holder can procure an authorized contractor to fix the faulty tile work and bring a claim against the unlicensed contractor for the expenses for the restroom redesign that surpass the measure of concurred installment to the unlicensed contractor.

In the event that an unlicensed exterior decorator introduces the water system framework with no defects under a composed contract for $4,500 and now needs to be paid the concurred sum, under the laws of most expresses, the mortgage holder isn’t lawfully committed to pay any bit of this $4,500 to the unlicensed greens keeper. More awful yet, numerous states have rules restricting this unlicensed greens keeper from suing the mortgage holder for the $4,500 sum. The final product in this model is the mortgage holder gets a free water system framework esteemed at $4,500.

On the off chance that the property holder and unlicensed contractor can’t achieve a consent to fix the activity, the mortgage holder can for the most part document a claim for harms. The issue with documenting any claim is gathering the sum granted by a judge or jury. The unlicensed contractor may have not many individual resources, and once a question emerges can’t be effectively found. In any case, motivation to document an objection is that the unlicensed contractor normally does not answer the grievance served upon him, and a default judgment is then issued by the court. The expense to get a default judgment from the get-go in the case procedure is very little as far as attorney’s charges ($1,500 to $2,000 territory) and the judgment can be reestablished inside ten years. The property holder would then be able to allot the judgment to a gathering organization with the goal that the mortgage holder does not need to tolerate the expenses of attempting to gather. On the off chance that the accumulation organization is effective, the mortgage holder gets a level of the gathered sum. In the event that the property holder never gathers upon the default judgment, there might be sure duty points of interest with respect to discounting the judgment. The drawback of suing an unlicensed contractor for broken work is that costs for the case will be caused, and if a judgment is granted for the property holder, the mortgage holder may never gather. The unlicensed contractor is never fortified and once in a while works through a restricted obligation organization or partnership dissimilar to the authorized contractor who as a rule works through a constrained risk organization or enterprise and is reinforced.

On the off chance that the mortgage holder decides to record a claim against his unlicensed contractor, he ought to counsel an attorney experienced in construction law. The attorney can build up legitimate speculations of recuperation, can learn whether the property holder is qualified for attorney’s expenses if the mortgage holder wins, can find out the presence of potential resources of the unlicensed contractor that could be exacted upon after a fruitful honor, and offers the information that an unlicensed contractor can’t record a claim for unpaid administrations and materials supposedly owed by the property holder.

It isn’t legally necessary that a construction material provider check whether the individual/substance that materials are being sold to is authorized. Be that as it may, there are a couple of dangers to remember when settling on the choice either to deal to unlicensed contractors or to not confirm the licensure of customers. There is a hazard that the unlicensed contractor may not get paid on the grounds that the contractor’s entitlement to keep up an activity for pay is lost by inability to have the option to claim and demonstrate proper licensure. Consequently, the contractor may experience issues paying its providers. The absence of licensure does not influence the providers’ rights to seek after an agreement guarantee, technician’s lien guarantee, or installment bond guarantee, as appropriate. Private construction (single family segregated lodging or multifamily staying up to and including duplexes) – This conveys a similar hazard as business construction.

What’s more, no case for installment can be made to the Utah Residence Lien Restriction and Recovery Fund on the off chance that it can’t be demonstrated that the administrations or materials for which pay is being looked for, were given to an authorized contractor. The rule does not unmistakably give a planning prerequisite to when the licensure ought to be viable. In any case, my comprehension of the position taken by the Lien Recovery Fund is that the contractor ought to be authorized at the time materials are given in the interest of the venture at issue in the case. The impact of the licensure terminating after certain materials are given, however before others, has not been tended to. A contractor or alert business or organization may not go about as operator or start or keep up any activity in any court of the state for gathering of pay for playing out any represent which a permit is required by this part without asserting and demonstrating that the authorized contractor or caution business or organization was fittingly authorized when the agreement sued upon was gone into, and when the supposed reason for activity emerged.

Contracting without a permit can have an assortment of pessimistic ramifications for the individual or people who take part in it. As unlicensed contractors are an issue in practically all states, nearby governments have arrangements set up to viably counter and punish people who give administrations without the essential business permit. From punishments and prison energizes to a court-requested compensation, an assortment of lawful systems have been set up to counter the material and money related harms that unlicensed contractors cause. Here are a portion of the outcomes that unlicensed contractors experience whether got and indicted.

Unlicensed contracting is commonly subject to criminal and managerial assents or punishments. Furthermore, people who have employed a contractor who isn’t authorized and reinforced can likewise carry that contractor to court and expect them to, at any rate, reimburse them.

Contingent upon the state you are in, criminal assents for contractors may vary however they are regularly comparative in degree. For instance, as indicated by Chapter 489 of the Florida Statutes too under 775.082 F.S., people who contract without a permit are submitting a first degree crime the first run through around they are gotten. Resulting occurrences of unlicensed contracting are viewed as a third degree lawful offense. Wrongdoings are generally subject to a punishment of about $1,000 and a correctional facility sentence of as long as a year (or a probation of a similar term), while lawful offenses can result in as long as 5 years in jail or probation and a $5,000 punishment.

Essentially, unlicensed contractors in Arizona can expect a fine of at any rate $1,000 the first run through around and at any rate $2,000 the second time around as indicated by 32-1164 of the Arizona Revised Statutes just as a conceivable sentence. Sometimes, lawful offense accusations can likewise be documented against any individual who unlawfully utilizes someone else’s contractor permit or essentially contracts without a permit during a State of Emergency, similar to the case in Florida and California for instance.
Regulatory approvals are likewise forced on those contracting without a permit. For instance, 489.13 of the Florida Statutes indicates a managerial fine of up to $10,000. In California managerial fines can be even up to $15,000, aside from the conceivable criminal fine of up to $5,000 for a first time offense. Aside from the authorizations which can be forced by the state government in the event that one is discovered to contract without a permit, people who have been deceived by an unlicensed contractor can likewise guarantee various remedies. This incorporates court-requested compensation, treble harms, vomiting, asserting unreasonable and misleading exchange practices and others. Contingent upon the state they live in, people have plan of action to these and different measures. Getting authorized and fortified not just places contractors in favor of the law and legitimizes their business, it likewise discusses their authenticity and that they have been affirmed by their nearby Contractors State License Board to take a shot at tasks. Being fortified, then again, ensures a contractor’s monetary solidness and unwavering quality.

Construction Lawyer Free Consultation

When you need legal help with a contractor or licensing issue in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
<span itemprop=”addressLocality”>West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/selling-construction-material-to-unlicensed-contractors/

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How Long Does The Probate Process Take?

How Long Does The Probate Process Take

If you find yourself asking about the length of the probate process from start to finish, sit down and buckle up because unfortunately the process is an unpredictable and lengthy legal procedure. The length of the probate process timeline depends on several factors. For example, the size of the decedent’s estate and level of complexity, whether or not the decedent left behind a will and if it’s contested, outstanding debts and obligations, and the number of proposed heirs can all add several months or years to the procedure. Other factors may include tax complications, non-probate lawsuits, and probate procedural requirements. It’s important to note that procedural requirements regarding probate vary by state. Additionally, the majority of courts have local court rules. It is a good idea to research probate law and various probate attorneys ahead of time. Researching probate will facilitate an understanding of various state requirements, local court rules, and key probate terms. In turn, this will help you understand what is involved for the probate process. Another benefit of researching probate law and contacting a probate attorney regarding the process details of probate is that you will be able to determine a timeline tailored to the specific circumstances of your probate matter.

The time estimates will not apply in every situation since specifics of the probate process differ with every estate; however our probate timeline can act as a reference tool for approximating how long your probate process may take and how long it may be until you can access your inheritance. If you are currently involved in probate, you may be able to identify which stage of the probate process you are in by reviewing the timeline. Whether you are currently involved in probate or you anticipate being involved, this probate process timeline can give you an idea of just how much money you may need in order to withstand the entire duration. If you find yourself low of funds, IFC can help you get an inheritance advance in less than a week. The easiest way to understand the probate timeline is to look at all of the major steps most probate cases will require and how long each one is estimated to take. We’ll also take a look at when and how to handle the parties involved in the probate process.

• Notice of Probate: 1-2 Months, Even if all beneficiaries of the decedent’s will attended the funeral and are aware that you’ll be handling the estate, this fact alone isn’t enough for the probate courts. You’ll need to issue a formal notice of probate to all interested persons, which means all beneficiaries and heirs. Depending upon local laws, you may have up to three months to notify interested parties after your probate petition is accepted by the courts at your first hearing. However, it’s best to get this done prior to your hearing so that you can obtain a waiver of process and consent to probate from all interested parties. This waiver and consent tells the court that all beneficiaries acknowledge the validity of the will (if there is one) and are willing to have you act as the executor or personal representative With this consent, they are waiving their rights to contest the will or any legal action you may take in regards to the estate. Having these waivers at your first hearing increases your chances of being awarded the rights of independent administration which means the court will be less involved in your handling of estate assets. This process can take as little as a few days if you have current contact information for all beneficiaries and they are willing to sign the waivers. If you need to search for the beneficiaries or if any parties decide to contest the will, this can take one to two months or longer.

• Petition to Probate: 1-4 Months, unless the value of the estate is extremely low and contains no property, you will likely need a probate attorney to file the petition to probate the decedent’s estate. Once this petition is filed, you’ll receive a court date for your first hearing which will be set several weeks or months out based on the court’s availability. How long this step takes depends largely upon how soon you can get a court date scheduled. Prior to this hearing, you are not officially the executor or personal representative of the decedent’s estate, so you cannot legally conduct estate business, such as signing a listing agreement with a real estate agent for estate property. However, you can bring on a probate experienced real estate agent to help you prepare for the sale of the property by assessing the property’s value, running comparables in the neighborhood, determining the home’s value, connecting with cleaning services, contractors, and other vendors. Provided all of your petition paperwork is in order, the probate court judge will name you as the personal representative of the decedent’s estate by issuing letters of administration if there is no will, or letters of testamentary if there is a will. At this time, the judge will also decide to grant you either the rights of independent administration or dependent administration.

• Notice to Creditors, Debts, and Taxes: 4-6 Months, Any debts owed by the decedent prior to death (such as credit card bills and mortgage payments) need to be paid out of the balance of the estate. These funds come from estate assets such as existing bank accounts, sold off stocks, life insurance benefits and the proceeds from the probate property sale. In order to determine any debts owed, you’ll need to issue a formal notice to creditors which, depending upon state law, may need to be published in a local newspaper for a set period of time. You should also go through the decedent’s financial paperwork for any bills and request a credit report for decedent to identify potential creditors. This creates a paper trail for the courts to show you made appropriate efforts to identify any potential debt claims against the estate. Once you’ve given all creditors notice, they have a set period of time in which to make a debt claim. While you’re sorting through financial records for creditors, you should also be on the lookout for tax documents. As part of closing the estate, you’ll need to file the final individual tax returns for the decedent and you may also have to file estate or gift taxes. All tax transactions must be completed before probate can close.

• Inventory and Appraise Assets: 1-3 Months, One major task that needs to be done during probate is the inventory of assets. For this you’ll need the official probate forms from your state as this document will become a part of the official records of the estate that must be filed with the final petition at the close of probate. It’s important to note that some estate assets are not subject to probate, so check with your probate attorney as you compile your inventory. This inventory helps the probate court determine the cash value of the estate, based in part on the date of death value or the alternative valuation date which is within six months after the date of death. Generally, a professional appraisal is needed in order to determine these valuations, especially for real estate. This step can take anywhere from a few weeks to several months, depending upon the size of the estate and how long it takes to arrange the asset appraisals.

• Probate Property Sale: 2-6 Months (or More) When the estate contains real estate you intend to sell during probate, the procedures of the probate sale depends upon whether you were awarded independent or dependent administration rights. If you’ve been granted independent administration rights, there is little to no court oversight during the sale of probate property. The sale precedes much like a traditional real estate sale; however, there are differences in procedure, contracts and disclosures. This is why having a probate experienced real estate agent can be extremely helpful. A personal representative with independent administration rights is permitted to list, accept an offer and close on the property sale without approval from the probate court. All of the probate sale paperwork simply needs to be included in the final accounting paperwork. These probate sales follow the timeline of a traditional real estate sale, which currently takes take an average of three weeks to receive and accept an offer and an average 47-day escrow period. If you’ve only been granted dependent administration rights, the probate sale process is significantly different and longer. While you will be able to list the home and even accept an offer, you cannot complete the sale on your own. The probate court will need to approve and oversee the sale with a court confirmation hearing. At the hearing, your probate attorney will present the offer you’ve accepted to the court however; the court will not immediately accept this offer. Instead, the probate judge will open the overbid process, which proceeds similar to an auction. Any interested buyers may then put in a bid for the property, starting at a percentage above the presented offer—as set by the court per state laws. The best offer is accepted and confirmed by the court during this hearing. A probate sale with court confirmation adds another several weeks or months to the timeline. Just as in a traditional sale, receiving and accepting an offer takes several weeks. Once you’ve accepted one, you can schedule for the court confirmation hearing often several weeks or months out. In some states, you may even be required to remarket the property at the accepted offer price for 30 to 45 days before you can have your court confirmation hearing. All told, these extra steps add anywhere from a month or more to the timeline. Whether yours is a simple probate sale or a more complex one requiring court confirmation, Utah advises hiring an experienced probate real estate agent: It’s nicer if the agent has significant probate experience so that they know the differences between a traditional sale and a probate sale. Finding an agent with accreditation or who can show that they’ve done a number of probate sales would definitely be advisable.

• Final Accounting: 1-2 Months, while you are selling the property and settling account debts, you need to keep track of all the paperwork generated while conducting business transactions on behalf of the decedent’s estate. All of this documentation must be compiled and presented to the probate court for review. This process is generally known as the final accounting. Although the final accounting forms and requirements vary from state to state, these forms basically present the financial information of the estate. This includes the initial cash value of the estate, the debts, fees and taxes paid, and deposits received such as the proceeds from the property sale. Along with the final accounting forms, you’ll also submit other documentation including your asset inventory, appraisals, and the probate sale contracts. You should also include any signed receipts for any tangible property you’ve distributed to beneficiaries, such as family heirlooms bequeathed in the will. Once assured that all the paperwork is in order, your attorney will file another petition for a final hearing to distribute remaining funds and closes the estate.

• Final Distribution and Closing the Estate: 1-3 Months, during the probate process, you may distribute some assets, like tangible personal property. However, in most states you are required to wait to distribute financial assets such as proceeds from the property sale until the final probate hearing. This is to allow the probate court to review your final accounting to ensure that every effort was made to identify creditors and pay the decedent’s debts before the estate is dissolved. If a credible debt claim is made against the estate, the court can hold the executor personally liable for failing to properly notify the creditor or distributing funds to beneficiaries before all debts were paid. Like the initial petition to probate, the number of weeks or months between filing your petition and that final hearing largely depends upon the probate court’s availability. Provided all of your documentation checks out, the probate judge will rule for probate to be closed and the estate dissolved. At that time, you will use the estate funds from the estate to pay final expenses, including court costs and attorney’s fees. The remaining balance is then distributed to the beneficiaries and your duties and responsibilities as the personal representative are concluded. The timeline of the probate process is definitely intimidating when you look at how long each step can take. However, many of these steps such as sending the notice to creditors and the probate property sale can happen simultaneously. With the help of a top-notch attorney and an experienced probate real estate agent, you can considerably shorten the probate timeline. Unless the deceased had very limited assets, someone has to either get probate or letters of administration.
Probate is a court order confirming that the will is the right one. It also gives the executors the power to deal with the deceased’s assets. It usually takes about a month to get probate. If there is no will then you will need to see your lawyer to apply for letters of administration. This is a court order, similar to probate, giving the person appointed power to deal with the deceased’s assets. Again this usually takes about a month. Once probate or letters of administration have been granted the clock starts running. The executor/administrator then takes control of the deceased’s assets by closing any bank accounts and transferring any assets into the names of the executors/administrators. Once this is done the executor/administrator can give them to the people who are to receive them (“the beneficiaries”). Before any assets can be handed out the executor/administrator has to make sure that any debts or claims have been paid. Debts are obligations that the deceased entered into while alive.
Claims might come from:-

• Testamentary promises: Sometimes if the deceased made a promise to someone before death then this promise can be enforced against the deceased estate.

• Family protection claims: These are claims by close relatives where the will has not provided for their adequate maintenance and support.

• Claims by spouses and partners: These people have an option to either take what the will or administration gives them or to claim what they would be entitled to under the property sharing rules.
The executor/administrator must hold onto the assets for six months after the grant of probate or letters of administration to allow time for these claims or debts to be notified. If the assets are distributed before then the executor/administrator may be personally liable to pay the debt of claim.

Therefore the minimum time to get an estate distributed after the date of death is:
• The length of time it takes after death to file the court application +
• About a month for the court to grant the probate/letters of administration +
• The six month claim period +
• The time it takes to resolve and claims or disputes.

It is sometimes possible to distribute the estate during the six month claim period if the executors/administrators are certain that there will be no claims and they are prepared to take the risk that they will be liable to pay any claims that do come in. They may get the beneficiaries to promise (in a document called an indemnity) to repay money if it is needed. There can be other delays resulting from any delays in cashing up any assets, particularly in these days of a slow property market and where any assets include investments which are in receivership or moratorium. Also if the cause of death has to be established by a coroner this can delay payment of some assets like life insurance policies.

Probate proceedings are used to validate a will, account for the deceased person’s assets, settle estate disputes and give legal authority to the named executor. An executor is a person specified in the will by the deceased person to oversee the estate and carry out the final directions and wishes. If the executor is unable or unwilling to perform as such, the probate of the will may be delayed until the successor executor named in the will, if any, steps forward. Once an executor is named, the matters of the estate can be handled, including the maintenance of assets and payment of bills. Delays in probate can cause the estate to lose assets, such as a house the deceased person owned being foreclosed on because the mortgage was not paid. The executor may be able to receive an order in court allowing him to perform limited actions to protect estate assets, but the court has the final say.

Probate Attorney Free Consultation

When you need legal help with a probate case in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help with Estate Planning. Probate Case Administration. Estate Litigation. Probate Mediation. And Much More. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/how-long-does-the-probate-process-take/

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Monday, February 24, 2020

Can You Get Jail Time For Misdemeanors?

Can You Get Jail Time For Misdemeanors

Yes. Yes, you can.

In the common law system of the United States, misdemeanor offenses are part of statutory criminal codes; in terms of severity, they fall between administrative offenses and felonies, which mean that they may be punished with a term of incarceration in addition to probation and monetary fines. Even though they are considered to be criminal acts, not all misdemeanors will land defendants in jail. For the most part, the maximum sentences associated with misdemeanors involve spending less than a year in a county jail, but the reality is that judicial systems in many jurisdictions prefer not to impose this type of punishment. When it comes to misdemeanors, court systems observe statutes, levels, factors, sentencing guidelines, and rules of procedure, jury findings, prosecutorial recommendations, and requests from defendants prior to dictating a jail sentence. Even when statutes call for a term of incarceration, judges can choose to reduce or suspend sentences, thereby keeping defendants out of jail. Relatively minor offenses such as shoplifting and disorderly conduct do not generally convey jail sentences. Even if there are aggravating factors that elevate the sentencing guidelines to a maximum of 90 days in a county jail, chances are that the incarceration term can be suspended because of external mitigating factors.

The criminal codes in most jurisdictions feature jail terms for defendants convicted of gross or aggravated misdemeanors; however, this does not necessarily mean that the sentence will be imposed and enforced. In Utah, for example, driving under the influence is a gross misdemeanor that could result in 364 days in jail, but rarely will defendants end up behind bars for a first offense. Also, a state where DUI offenses are not technically misdemeanors but still carry a jail sentence, judges will suspend jail sentences for cases that do not involve injury or property damage. In Utah, aggravated misdemeanors may result in what is known as active sentences, which consist of jail terms up to a year. In some cases, judges may not be able to reduce active sentences if the offense involved assault with a weapon and the defendant has a prior conviction. Sexual battery is an example of an aggravating factor that often requires active sentences to be carried out The primary distinction between a misdemeanor and a felony is the amount of jail time a person faces if convicted. Misdemeanors, generally, do not allow jail sentences of more than one year, while felony convictions can carry sentences starting at one year going all the way up to life sentences, and in some states, death sentences. Another distinction is that felony convictions will require jail sentences be served at state run facilities, often referred to as prisons, while misdemeanor sentences are generally served at local or county run facilities, which get referred to as jails. With any conviction, the court is going to assess fines not just for the crime itself, but for court costs, processing costs, and potentially even the costs to house you in jail. Typically, the fines for a misdemeanor conviction in any given state are going to be less than those assessed against an individual convicted of a felony, but can still be rather substantial. Many states also qualify some misdemeanors as petty crimes. Petty crimes usually carry lesser fines and lesser maximum jail sentences.


If you are arrested but not charged, or charged, but not convicted, you may request that a court expunge the record of your arrest and/or charges. Even if you are convicted of a misdemeanor, after you have completed your sentence, including any court ordered post-incarceration programs, you can also request that the record of your conviction be expunged. Sometimes a prosecutor may agree to make an expungement part of a negotiated plea bargain, where after all conditions of the plea bargain have been satisfied, such as fines paid, community service completed, probation completed without any violations, the court will automatically expunge the record. Typically, an individual will be allowed one expungement in their lifetime. For many people, having a criminal arrest and/or conviction record can create unwanted and negative consequences long after a person’s debt to society has been paid. A record does not even have to reflect an actual conviction to also do damage to a person’s reputation. As background checks and the availability of technology make it easier than ever to access the complete history of a person, any type of legal record can cause issues for everything related to applying for a job, to trying to rent an apartment, buying a car, and in many other instances. If a person convicted of a crime that falls under the purview of a state’s expungement laws and they successfully expunge that record, then if they are asked on a job, rental or mortgage application if they have ever been arrested or convicted of a criminal offense, they can honestly answer no. Recognizing that these types of records may do an inordinate amount of unintended damage to a person’s life, every state has enacted some form of criminal record expungement. Expungement is the process of sealing or destroying court records, meaning that the record is no longer available to be accessed and a person no longer needs to reveal the details surrounding the incident to which the record pertains. Each state administers their own form of expungement, and criteria and the application of expungement laws will vary from state to state. Some states may use terms such as removal, destruction, or expunction of records, but the overall effect is essentially the same. The true definition of expungement means that records are actually physically destroyed. This ensures that they cannot be accessed in any way, shape or form. However, some states do not allow for the physical destruction of records. In those states, records are instead sealed.

It should be noted that many times the terms expungement and sealed are used interchangeably, but that is not the case. If records are only sealed, then in some cases, state law may allow for them to be opened under very specific cases. Sometimes this may be when law enforcement personnel are investigating a case or if a person is arrested or facing conviction of a serious crime at a later date. If your state only seals records, it may be in your best interests to investigate further the circumstances that may lead to the unsealing of a legal record. One of the most powerful forms of expungement is a Certificate of Actual Innocence. These can be issued if a person is charged with a crime, but those charges are later dropped, or the defendant is found not guilty after going through a trial. Obtaining a certificate counteracts any possibility that a record may be unsealed and cause issues for a person at any point in the future. It basically proves that a legal record should have never existed at all in any form. Another possible avenue for someone who has been convicted and seeking expungement is to obtain proof of rehabilitation. This proof can stand on its own or be used as part of the petition. It provides evidentiary proof that a person has taken the necessary steps to live a life of exemplary conduct, taking steps to be proactive in correcting any past possible wrongs they may have committed. This includes demonstrated remorse and full payment of any restitution due to victims. Expungement may also take the form of a pardon from state law enforcement officials. A pardon does not erase the crime you committed, but it does provide an official notice that you have been forgiven for that crime. You will still need to disclose information about past criminal activity when required, but a pardon will offset the impact of that record to some degree. The single biggest benefit of a successful expungement is that you can truthfully and legally say you were never arrested, accused or charged with a crime. It is as if the entire incident never happened and restores you to your state in life before you were ever arrested, charged or convicted. When you apply for a job, or if you are already working for an employer, they are not allowed to ask about an expunged conviction. It cannot be used against you in any employment decision either. An expunged conviction will also not show up in most all employer background checks as well. Because you can legally answer no on job applications regarding whether or not you have a criminal history, you can become eligible to apply for better jobs that pay more, increasing your earning capacity and lot in life. In addition, many landlords not only run credit checks, but criminal background checks as well. After an expungement, no activity will pop up, meaning you won’t be denied from living where you want to live. The same also applies when making an application for a mortgage or a credit card in some cases as well.
In all cases, to be eligible for consideration of having records expunged, a person will need to meet several criteria. Those criteria may include:
• The types of crimes and infractions eligible for expungement must be within the approved guidelines of a particular state’s laws.
• Criminal proceedings were either dismissed, the defendant was found not guilty or they were acquitted after a trial. A few states do allow for the expungement of records if a person has been convicted.
• The person was actually released before formal criminal charges were filed.
• The person has met all waiting periods, which vary by state, before seeking to petition the court for expungement.
• There are no new pending charges or offenses against the person seeking expungement.
• Any fines or restitution required to be paid as part of a case have been paid in full.
• Any diversion programs, education programs, community service requirements and probation have been completed.

Most states treat the expungement of records for minors differently than they do for adults. In some states, the expungement of records for minors is even mandatory. Many states also seal records of minors automatically and immediately. The premise is to not have a youthful offender suffer the consequences of a legal record follow them around into adulthood, negatively impacting them for an extended period of time. With few exceptions, and if all conditions are met, the expungement process will typically start by filing an application or a petition for an expungement.
You will need to include several documents with the petition, which may include:
• Certificate of eligibility (from your state’s probation department)
• Acceptance of service
• Consent and waiver of hearing
• Prosecutor and victim statements
• Victim checklist
• Petitioner’s reply
• Findings of fact and conclusions of law
You will work with your state’s probation department to prepare a report that the court will use to determine whether or not you are eligible for expungement. A prosecutor may challenge the expungement by filing an objection before your expungement hearing. The court will review the probation department’s report that will indicate how a person has behaved since their legal issue, looking to see if it was an isolated incident. If this is shown to be the case, then there’s a good chance the expungement will be granted. While reasons may vary from state to state, some things that may cause an expungement petition to be denied may include:
• The petitioner has not met the necessary time requirement/waiting period, all fines have not been paid, or terms of probation have not been met.
• Court records indicate the case is still open.
• If a case took place in a federal court, it cannot be expunged. Federal crimes are not eligible.
• The petitioner has a pending arrest or has been convicted of another offense.
• The type of crime that is being petitioned is not eligible. Generally, the more serious the offense, the less likely it is that it will qualify. Very few felonies can be expunged and crimes of a sexual nature are also very limited as well.
Many states allow for some felony convictions to be expunged. Serious felonies-including sexual offences such as rape or child pornography, or other violent crimes are almost never eligible for expungement. Generally, a petition for expungement must be filed with the court that convicted you of the felony. Forms are often available online through each state’s government website, but the guidance of a qualified expungement lawyer may be a good investment. The process can be lengthy and sometimes complicated, more so with felonies than with misdemeanors. Ultimately, it is up to the judge to decide whether expungement is granted. If you’ve been arrested and charged with a misdemeanor crime, you may be worried about spending a significant amount of time in prison. Chances are good that you’ve already been exposed to the penal area of the police station that processed you in the aftermath of your arrest. Depending upon the jurisdiction in which you were arrested and the time of day in which the arrest occurred, you may have been jammed into a cramped jail cell or given a semi-private room of your own. If you’ve already spent time with other accused criminals in a secure environment, you may be dreading the thought of returning to such a place after your conviction. The rules that govern misdemeanor crimes vary widely by jurisdiction and classification. For starters, there are several different classes of misdemeanor crimes. These range from lightly-punished petty misdemeanors to relatively serious Class A misdemeanors. Depending upon the state in which you’re arrested, these classes may designate numerically or alphabetically. In either case, they’re functionally similar. If you’re charged with a petty misdemeanor, there’s virtually no chance that you’ll be sent to prison. Most petty misdemeanors are punishable by a relatively small fine of $300 or less. Examples of petty misdemeanors include petty theft and personal possession of certain controlled substances. If you’re charged with a low-level misdemeanor that’s deemed to be more serious than a petty misdemeanor, you’ll probably face a significant fine and may be required to participate in a community-service program. However, it’s unlikely that you’ll be incarcerated for such a crime. Low-level misdemeanors include vandalism, disorderly conduct and disturbing the peace. Meanwhile, more serious misdemeanors like burglary and grand theft might be punishable by some jail time. In most cases, misdemeanor jail sentences can’t exceed two years in length. The likelihood that you’ll be incarcerated for a misdemeanor may also depend upon the state of the prison system in your jurisdiction. In many states, municipal and state-run jails are overflowing with inmates. For instance, California’s prison population exceeds the rated capacity of its prison system by a factor of two. Given the obvious space constraints that this systemic overcrowding can produce, many judges are inclined to be lenient with repentant offenders. In other words, any prison sentence that you would have received for your crime could be reduced to a “time served” sentence that involves significant amounts of community-service work. If you show remorse for your actions, such an outcome will be more likely.

Misdemeanor Defense Lawyer Free Consultation

When you need legal help with a misdemeanor in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
<span itemprop=”addressLocality”>West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/can-you-get-jail-time-for-misdemeanors/

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