Probate Law
Major Industries Represented:
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Automotive
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Hazardous Waste
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Environmental Assessment
CRIMINAL LAW
The law firm of Cramer | Latham L.L.C. provides services to clients in the area of criminal defense law. Aric Cramer and Rob Latham limit their practice almost exclusively to the area of criminal law in order to provide clients with high quality, zealous and aggressive professional services to protect clients who have been charged with a violation of State or Federal laws. Aric Cramer has over eighteen years of experience in the area of criminal law, litigation and criminal appellate work. Mr. Cramer has litigated matters in most of the District Courts, as well as numerous Justice Courts, throughout the State of Utah. Mr. Cramer has also handled cases before the Utah Court of Appeals, the Utah Supreme Court, as well as Federal District Court and the 10th Circuit Court of Appeals. Mr. Cramer also has an extensive trial preparation and trial experience as well as appellate work and habeas corpus representation in both State and Federal Courts.
Mr. Cramer’s expertise in criminal cases includes the following types of criminal charges:
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Driving Under the Influence (both misdemeanor and felony cases)
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Drug Possession and Distribution
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Theft, Embezzlement and Forgery
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Burglary and Robbery and Kidnapping
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Assault of any type
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Violations of Protective Orders, Phone Harassment and Mayhem
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Sex Crimes Including Lewdness, Sexual Assault, Incest and Rape cases
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Homicide and Murder Cases
Mr. Cramer also devotes a portion of his practice to assisting clients for post-conviction remedies. These services include:
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Appeals to the District Court from Justice Court decisions
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Appeals to the Court of Appeals from District Court decisions and convictions
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Appeals to the Utah Supreme Court from decisions or convictions in the District Court or appeals from the Utah Court of Appeals
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Appeals to the 10th Circuit Court of Appeals from decisions of the Utah Federal District Court
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Habeas Corpus cases in both State and Federal Courts
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Post-conviction reductions in offense levels
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Expungement of criminal offenses
State v. Harrison (PDF file)
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JUVENILE CRIMINAL LAW PRACTICE
The law firm of Cramer | Latham L.L.C. provides services in the area of juvenile criminal defense law. The juvenile system is specifically designed for those accused of criminal activity who are under eighteen years where the adult system would not be appropriate. The “players” in the criminal justice system are the juvenile accused of a crime, the defense attorney, who is usually a private attorney, and the prosecutor, who is a state paid attorney brining said case against the juvenile. The juvenile court system is quite different from the adult system and as such it is important that you have an attorney who is familiar with the differences and can assist you with the special needs of your child.
*The Process of a Juvenile Criminal Case
Juvenile Detention Hearing. If your son or daughter has been arrested, he or she can either be cited and released to parents or detained at a juvenile detention facility. A police officer may decide to take your child to a detention facility. The detention facility then determines whether they will accept your child based on specific guidelines pursuant to the law. If your child is detained, a “detention hearing” will be set within forty-eight (48) hours excluding weekends and holidays. At the detention hearing the Court will determine whether to continue to detain your child further.
Arraignment/Pretrial. If your child is not in custody, his or her first court appearance will be a so called “arraignment.” Your child must appear at the arraignment with a parent, guardian, or other person with legal custody. An arraignment is the initial step in a criminal prosecution whereby the child is brought before the court to hear the charges and to enter a plea. Arraignments are held within thirty (30) days from the filing of the petition.
Juvenile Court Trial. Unlike adult court, your child is not entitled to a jury trial. The State must, however, prove every element of each offense beyond a reasonable doubt which means that the State must show that the facts proven establish the child’s guilt.
Sentencing and Disposition. If your child is found guilty through a trial or plea, then your child will be sentenced. The juvenile court in sentencing your child considers the Juvenile Sentencing Guildlines as promulgated by the Utah Sentencing Commission. These guidelines take into consideration the severity of the present offense, the child’s delinquency history and risk to society, among other things in determining whether the child will receive probation, state supervision, community placement or placement in a secure facility.
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FAMILY LAW PRACTICE
The law firm of Cramer | Latham L.L.C. provides services to clients in the area of family law. Attorney Victoria Cramer provides clients with high quality, zealous, and ethical professional services which are tailored to each individual client. Her objective is to resolve as many issues as possible through negotiation and settlement. However, if dictated by the circumstances, she will do everything legally necessary to protect her clients' interests, including representing her clients at trial.
Ms. Cramer offers her clients expertise in the following family law matters:
* Divorce (contested and uncontested)
* Annulment
* Modification of divorce decrees
* Lawsuits for paternity
* Child support & alimony
* Child custody and visitation disputes
* Termination of parental rights
* Office of Recovery Services/DCFS hearings
* Adoptions
* Pre-marital and post nuptial agreements
Victoria Cramer has helped numerous clients to obtain the desired result in their legal matters.
Recent Changes in Child Support and Visitation Laws
The new Senate Bill 23 that took effect on July 1, 2007 provides for a phase in of the new child support tables. All child support orders entered for the first time on or after January 1, 2008 will be based on the new guidelines. The new guidelines increase the base combined child support obligation tables, change the low income tables and address incomes over $10,000.00 per month. If child support has been set on or before December 31, 2007 the old guidelines will apply to modifications made on or before December 31, 2009. In order to initiate change in child support order there has to be a substantial change in circumstances, like changes in custody, changes in relative wealth or assets of the parties, material change of 30% or more in the income of at least one parent, changes in employment potential and ability to earn, changes in medical needs of the child or in the legal responsibilities of either parent to support others. New guidelines will apply to modifications of support orders entered on or before January 1, 2008. Orders entered on or before December 31, 2007 are subject to modification on or after January 1, 2010.
The child support guidelines also define income for child support purposes. The guidelines use gross income from any source in order to determine child support, including Social Security benefits, Workers’ Compensation benefits and unemployment compensation. However, Social Security Disability Insurance payments, SSI payments, Medicaid, Food Stamps are excluded. Sometimes gross income can include imputed income. Income can be imputed only if the parent stipulates to the amount imputed, defaults or the judge orders the income to be imputed after a hearing. The unresolved issue, however, is how to treat temporary orders entered by the courts prior to January 1, 2008. Such orders are subject to argument from both sides. One parent may argue that a temporary order should be grandfathered for child support purposes. The other parent may argue that a temporary order is just that, a temporary order, and can be changed by a permanent order. How the courts will deal with that issue still remains to be seen.
The parent-time (visitation) amendments deal with several issues. First, Halloween has been added to the holiday visitation schedule for children between 5 and 18 years of age. On October 31 a non-custodial parent will be able to pick up his or her child after school is out and visit with the child until 9:00 p.m. Visitation time can be extended. Second, amendments introduce visitation schedule for children of 9 months of age but younger than 12 months of age and for children of 12 months of age or older but younger than 18 months of age. The new amendment also adds virtual visitation to parental options.
The new law on child support guidelines is complex. If you need any legal advice in your specific situation, please contact a qualified attorney.
Child Custody - An Overview
Temporary Hearing: Shortly after the Complaint for Divorce is filed, the family court can hold a temporary hearing and then issue an order that controls the relationship of the parties until there is a final Divorce Decree. The temporary hearing has to be requested by your attorney. When custody is contested, the order creates a temporary custody solution. Unless there is evidence that doing so would not be in the best interest of the child, temporary custody frequently is granted to the person who stays in the marital home. Temporary custody orders should have no bearing on which party will ultimately be awarded permanent custody. However, depending on the circumstances, the temporary custody order may indicate which parent the court thinks is the more suitable.
Custody and Mandatory Mediation: Utah now requires parties in a contested divorce to attempt mediation. Mediation is an Alternative Dispute Resolution (ADR) process where divorcing couples work with a specially trained neutral third party to try and resolve some or all of their disagreements. Couples may choose to reach mediated agreements on issues like child custody while keeping other issues like property division open for a judge to decide. Couples who resolve their custody disputes through mediation can include a provision in their final divorce agreement that make the mediation process mandatory to return to as a means of resolving future custody and visitation disputes.
Custody Evaluations: If the parties are unable to reach an agreement regarding custody, sometimes courts may order a custody evaluation prior to trial. Custody evaluation usually needs to be requested by the parties’ attorneys in order to be ordered. A court appointed mental health professional such as a psychologist or a social worker usually does the custody evaluation. The evaluation will include interviews with both parents and the involved children, observation of the children, conversations with teachers and possible psychological testing of both parents and the child. The courts will usually not enter a final determination without a completed evaluation.
Custody Trial: Most courts decide contested custody cases based upon a determination of what arrangement is in the best interests of the child. Considerations that go into the best interests determination include review of the child's age and attachment to the parent that was the primary caretaker, parental physical and mental health and any history of domestic violence.
Modifications
Once custody has been established either through agreement or court order, parents may seek court involvement to modify the established arrangement if they cannot agree to a change. In order to support a request for a change the parent seeking the modification must show a substantial change in circumstances not foreseeable at the time of the divorce. A simple “buyer’s remorse” is not enough to request such modification.
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ANIMAL LAW PRACTICE
“The greatness of a nation and its moral progress can be judged by the way its animals are treated.”
- Mohandas Gandhi
Our law firm is on the cutting edge of developing animal and pet law in Utah including contracts and licensing, ownership disputes, and veterinary malpractice.
This Spring Utah became the 44th State in the USA to have an animal cruelty felony law passed. The Utah State legislation passed a compromise bill SB 297 that makes deliberate torture of a cat or a dog a third-degree felony on the first offense. This bill is great news for the majority of companion animals in Utah. According to the Humane Society of Utah data, 61% of all Americans keep either a companion dog, or a cat or both. Also, 74% of Utahns believe that heightened protection for companion dogs and cats is needed. Unfortunately, other animals, many of which are also human companions, are exempt from this law. However, as the humane movement gains strength, more and more people gain understanding that cruelty knows no boundaries and we are all better off if all animals are protected from torture and senseless acts of cruelty.
House Bill 190 - Henry's Law
Unfortunately, the 2007 legislative session again ended without passing the animal torture law. Initially, the bill was drafted by our law firm. Initially, the Bill was sponsored by Rep. Scott Wyatt, R-Logan; Rep. Sheryl Allen, R-Bountiful; co-sponsored by Rep. Neil Hansen, D-Ogden; Rep. John G. Mathis, R-Naples.
The Bill makes the most egregious types of animal abuse and animal torture a felony. It also enhances animal cruelty crimes if committed in front of a minor. This signing of this Bill would signify the fact that Utah joined the majority of other states where severe animal abuse is a felony. It would also send a strong deterring message to repeat offenders. The Bill also exempts agricultural, zoo, and rodeo animals as long as they are handled in accordance with accepted principles of husbandry. Please show your support to this very important Bill and contact your representative to express your support. The Bill will be reintroduced again in 2008.
Animal Law Issues and Companion Animals
Our clients receive legal help to address the following issues:
• disputes with condo associations and landlords
• service dogs for people with disabilities
• ownership/guardianship of animals
• pet trusts
• injuries to pets and veterinary malpractice
Animal Law Cases that I Handle
The animal law cases that I handle can be divided into certain categories. One of the categories is licensing of kennel facilities with various cities throughout Utah. Every city in Utah has some regulations on how to license dogs and other animal rescue facilities. Most cities have a limit on how many dogs a person can own which is usually limited to two. If a person wants to have more than two dogs, then such person needs to obtain a kennel license. Sometimes the city requires a certificate from the Health Department like in Clearfield, Utah. Before you decide to have several dogs in your household, please consult with the city ordinance. The consequences of having more dogs than allowed are grave. Your dogs can be impounded and you can be fined by the city.
The second type of cases are those involving various ownership disputes. Some animals are used to produce a pure breed offspring and to show them in animal shows. Sometimes these animals are owned by more than one owner. When that happens, disputes may arise. I have handled several cases where the absence of a written contract on how to handle a dog in respect to showing it at dog shows and breeding caused heated disputes. Owners and breeders clash in serious legal battles and emotions usually fly high. If you do have a joint animal ownership, it might be wise to draft an appropriate contract so if the dispute arises you have your rights protected and will not have to leave the guess work to the courts.
Another type of cases is neighborhood disputes over noise and nuisance, sometimes only perceived nuisance, created by animal rescue organizations and kennels. I have handled several cases where the neighbors were in a bitter neighborhood dispute over whether the dog rescue facilities are causing nuisance to the neighbors.
Finally, there are cases where animal owners believe that their animals being negligently or intentionally injured or killed. Those are also highly emotional cases that include pet shop negligence and veterinary malpractice. I carefully screen those cases. Before I file any veterinary malpractice action, I submit those cases to an expert veterinarian for review.
Pet Trusts
Animals, including household pets, are considered to be property of their owners. However, several court decisions in the USA have held that the pets occupy a place between property and a person. Their legal status is somewhat higher than the status of mere property. This idea found its reflection in the Utah law which now allows to put money into a pet trust. In order to set a pet trust, you will need to select a trustee to administer the trust. It can be an attorney, a family member, a friend or a bank. You also need to select a caretaker. This is the person who will provide care for your pet. You need to execute a special request to the trustee. When determining how much to put in a trust, please make sure you understand that as the pet ages, it might need more care. Also, if you have more than one pet, multiple pet needs have to be covered as well. You would need to request a desired standard of living for your pet so that the caretaker can insure that the standard of living is provided for your pet. It’s advisable to have a trustee checking on the caretaker; to prepare complete identification of your pet; to select the remainder of beneficiary if the pet dies for the money still left in the trust. Also, it is important to provide instructions on handling your pet's death.
Legal Status of Companion Animals
Companion animals are considered to be property (like a car) in every state in America. Some states have passed laws that allow non-economic damages (payment for the loss of love and company of a pet) to be paid to animal guardians for the loss of their pets. For example, Tennessee allows pet guardians to recover non-economic damages for the loss of a pet, whether such loss was caused by an accident or on purpose. This law allows payment for the "reasonably expected society, companionship, love and affection of the pet." This law limits damages to only $4,000.00 for the death of a pet. Also, the definition of a pet in Tennessee does not include any other companion animals but cats and dogs. Other states have also begun to adopt these kinds of laws.
In a lawsuit out of New York in 1980 (click here to read the actual case) a woman named Ms. Broussea delivered a healthy 8 year old dog to board at a Dr. Rosenthal’s kennel. When she returned to the kennel, the dog was dead. The judge found that Ms. Broussea was entitled to recover money damages. The judge struggled with how to make a math formula to figure the fair measure of Ms. Broussea’s loss. The judge said "resisting the temptation to romanticize the virtues of a ‘human’s best friend’, it would be wrong not to acknowledge the companionship and protection that Ms. Broussea lost with the death of her canine companion of eight years. The difficulty of . . . measuring this loss does not absolve [Mr. Rosenthal] of his obligation to compensate [Ms. Broussea] for that loss, at least to the meager extent that money can make her whole. The dog’s age is not a depreciation factor in the court’s calculations, for manifestly, good dog’s value increases rather than falls with age and training. The court therefore awarded judgment to [Ms. Broussea] in the sum of $550 plus costs and disbursements". However, this case shows that even when judges realize that pets are more than just property, they still don’t award enough to compensate pet guardians for the losses.
In another New York case, the human companion brought a 15 year old poodle to a vet for treatment. (Click here to read the actual case). However, the vet recommended euthanasia. The dog was put to death. The human companion wanted the dog’s body to be turned over to a funeral organization. However, when the casket was delivered, the casket contained, instead of the dog’s body, the body of a cat! A New York judge said that "a pet is not just a thing but occupies a special place somewhere in between a person and a piece of personal property." The judge decided that the human companion was due money beyond the cost of the dog and found that the dog’s human companion suffered shock and mental anguish due to the wrongful destruction and loss of the dog’s body. That judge recognized that a distressed pet guardian can and should recover for intentional infliction of emotional distress.
In 1985 a case from Idaho involved the shooting and killing of a donkey owned by a man named Richard Gill. (Click here to read the actual case). The Gills sued not only for property damage, but for mental anguish. The Appellate Court held that mental anguish is a proper basis for recovery. Overall, most judges cannot yet part with the view that companion animals, although not just mere property like a piece of furniture, are still not as valuable as humans. Judges seem to still think that the anguish suffered by humans over the loss of animals is more of a nominal value rather than an actual value.
I know that many of my clients feel quite strongly about these issues. I believe that the judicial attitude comes from our society’s attitude toward the value of animal life. It also comes from the fact that judges are bound by the many state laws that still say that animals are only "property." I believe that it is also important to continue with the efforts to lobby legislatures of states to change the laws and raise the value of the animal life, as well as to increase civil and criminal penalties for negligence, reckless and intentional infliction of mental or physical injuries on animals. It is also important to continue to bring such cases to judges. Eventually, public opinion will evolve.
Pit Bulls
In the case of State v. Leslie Poppa, Utah Case No. 051301144, I have been retained to represent a client who was charged with a violation of the City of West Jordan statute prohibiting possession of vicious animals. The dog owner had a young male pit bull terrier who bit a child while the child was visiting the owner's daughter in the house where the dog lived. Unfortunately, the dog bit the visiting child and disfigured her face. My client was charged with a strict liability crime, Class B Misdemeanor under the West Jordan City statute and his dog was placed in isolation at the City shelter. To assess the dog's character, we retained two independent experts. One is a veterinarian and the other is a dog behaviorist. They both gave assessments from their own professional standpoints. Unfortunately, neither one of them could guarantee that the pit bull was not going to bite again. However, since one of the reports noted a friendly side of this pit bull, the Judge released the dog back to my client with understanding that this was the dog's last chance, as well as imposed a fine. This was a really sweet victory. Needless to say, the owner was greatly relieved. Unfortunately, pit bulls historically have been bred for the purposes of fighting with other animals. However, the dog specialist and veterinarian were of the opinion that pit bulls are not inherently dangerous dogs. Improper handling makes them dangerous. This approach is so much more humane rather than a broad prohibition against pit bulls exercised by some cities in the United States, like the recent prohibition that occurred in Denver, Colorado.
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PROBATE LAW
Victoria Cramer also handles contested probate cases. In Utah there are two types of probate cases: formal and informal. Informal probate is less paper intensive and generally less costly. Typical probate case starts with an application for formal or informal probate of will and for an appointment of personal representative.
Personal representative of the estate is usually designated in a will. Personal representative pays the creditors of the deceased, pays the costs of administration of the estate and disburses money to heirs. Personal representative has fiduciary duties to the estate that require him or her to avoid self-dealing and to act for the best interests of the heirs. Personal representative’s duties include also conducting a sale of any real estate of the deceased, location of stock brokerage accounts and their liquidation, location of any unclaimed assets that may become property of the State if not claimed by the estate, sale of the cars and other vehicles of the estate, sale or donation of personal belongings of the deceased. Personal representative also needs to make sure that taxes are prepared and filed. Personal representative is acting upon issuance of Letters Testamentary by the court.
Sometimes a will does not appoint a personal representative. In such cases, the heirs should agree to appoint one.
If personal representative is not acting for the best interests of the estate, he or she can be removed by the court upon the petition by the heirs. In certain cases a special administrator of the estate can be appointed.
Sometimes it is also necessary to petition the court to determine testacy status, to determine heirs, especially when there is no will left by the deceased and to approve final settlement and distribution of the assets. Formal probate needs to be closed by filing a Verified Statement of the Personal Representative Closing Estate.
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BUSINESS LAW & CONTRACTS
Our law firm has helped a lot of small businesses to get started, drafted their partnership, employment, non-disclosure, non-compete, non-solicitation contracts, proprietary information and invention contracts, as well as supply, distributorship and service contracts. Many problems can be prevented by carefully drafting contracts before your business engages in hiring managers, partners or employees. Such contact needs to define managers’, partners’, and employees’ duties and obligations, their responsibilities and liabilities for breaching those contracts. We can prepare your necessary business documents to register your company with the State of Utah and the IRS.
We also register non-profit organizations and work with IRS to obtain non-profit status.
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LITIGATION AND COLLECTION WORK
Sometimes a lawsuit is the only answer to a breach of contract or a past due account. If a litigation becomes necessary, we will prepare a complaint, perform a thorough discovery, including e-discovery, and take the case to trial.
In the last ten years, our firm represented partnerships, LLCs, and other forms of business in a variety of partnership disputes. We have filed and defended law suits for corporations, LLCs, partnerships, and DBAs for breach of fiduciary duties, interference with economic and prospective economic relations, employee and partner dishonesty. We have represented automotive, aerospace, hazardous waste industries in state and federal contractual disputes.
If you believe that your business is facing liability or has sustained damages, there are several things you can do immediately: 1. Make copies of all relevant documents. 2. Check your insurance policies. 3. Get seriously involved in day to day control over your business and accounting procedures. 4. Contact your accountant.
Please be aware that most law suits can be filed only within a certain time after the injurous action occurred. These deadlines are known in law as "statutes of limitations." These deadlines are different for written contracts vs. oral contracts vs. fraud actions. Once such a deadline is missed, you may not be able to collect your debt or obtain a compensation for the damage.
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PERSONAL LEGAL WELLNESS CHECK-UP
Like a legal thermometer, this check-up helps you assess your current legal health to prevent or minimize legal troubles in your life. Print out your completed check-up and if you have questions or concerns, please contact us to find out how we can help you.
(Click Here for Legal Checklist)
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