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Brian Craig

Brian Craig

Purdue University Global
  • Estate Planning, Real Estate Law, Construction Law...
  • California, Minnesota, Utah
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Summary

Brian Craig has 17 years of experience as a lawyer. Before starting his own law firm, Brian worked for several years in the legal publishing and legal information services industry as an attorney for Thomson-Reuters and as a legal writer/analyst for Wolters Kluwer gaining experience with contracts, employment law, real estate law, tax law, privacy law, and other practice areas.

Besides helping clients, Brian teaches online legal courses at Purdue University Global and Brigham Young University-Idaho, including courses in civil litigation, business law, family law, criminal law, and media law. He previously taught at the University of Minnesota Law School.

Brian is also an accomplished legal writer. He authored Cyberlaw: The Law of the Internet and Information Technology, a textbook published by Pearson. He has also written other books and articles relating to real estate law, environmental law, privacy law, legal writing, and legal history.

Practice Areas
  • Estate Planning
  • Real Estate Law
  • Construction Law
  • Family Law
  • Divorce
  • Probate
  • Criminal Law
Fees
  • Free Consultation
    free 30 minute initial consultation
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
California
State Bar of California
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Minnesota
Minnesota Supreme Court
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Utah
Utah State Bar
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Languages
  • Portuguese: Spoken, Written
  • Spanish: Spoken, Written
Professional Experience
Faculty
Purdue University Global
- Current
Online Instructor
Brigham Young University-Idaho
- Current
Faculty
Kaplan University
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Purdue University Global acquired Kaplan University in March 2018.
Paralegal Program Chair/Instructor
Globe University/Broadview University
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Attorney
Thomson-Reuters
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Faculty
University of Minnesota Law School
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Law Clerk
Idaho District Court
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judicial law clerk for Idaho District Judge Carl Kerrick
Legislative Aide
California State Legislature
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Education
University of Idaho College of Law
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Brigham Young University
Brigham Young University Logo
Awards
Instructor of the Year
Globe University
Professional Associations
Utah State Bar # 17050
Member
Current
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J. Reuben Clark Law Society
Member
Current
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Publications
Speaking Engagements
Malware, Cyberattacks, and Cyber Liability Insurance, Continuing legal education course, Logan, Utah
Law Office of Brian Craig, PLLC
Avoiding Sexual Harassment in Online Learning, Purdue University Global General Education Conference
Copyright, Privacy, and Defamation Issues for Nonfiction Authors, Nonfiction Authors Association, Teleseminar
Nonfiction Authors Associatio
Websites & Blogs
Website
Blog
Utah Legal News
Legal Answers
7 Questions Answered

Q. Is a paper signed out of court a legal guardianship doc? How do I find my children? Where do I start?
A: That sounds like a challenging situation. A parent could first report the children missing with the police. If you can afford one, you might consider hiring a private investigator to help locate the temporary guardian and children. Skip tracing services are also available (Google "skip tracing services"). You might contact extended family, relatives, and friends of the temporary guardian and children for leads. In addition, the National Center for Missing & Exploited Children has some excellent resources and services. Lots of people also post things on social media so you could search popular social media sites like Facebook, Instagram, and Snapchat for possible leads. I wish you the best.
Q. Me and my wife just recently split up. She got a protective order against me so I had to leave the house. She then moved
A: It is hard to answer your questions without additional facts. If you are still legally married, then the title as joint tenancy will usually remain. In a divorce, the court will typically award allocation of assets and debts, including equity in a house and any outstanding mortgage. The divorce decree with also likely affect the title to the property. A protective order by itself does not terminate all rights to real estate. With property values in Utah rising in recent years, you probably have some equity in the house. Consider contacting a Utah divorce lawyer to discuss your situation.
Q. Need to find a family law attorney asap to represent myself in divorce invil ing a child born in the marriage not by hus
A: This sounds like a complicated matter where you need an experienced family law attorney. The best interests of the child test governs child custody matters. You can find lots of family law attorneys here on Justia.
Q. Is it illegal to leave a dog in the car if all the windows in the car are down and they are very well taken care of
A: The animal cruelty statute in Utah Code Ann. sec. 76-9-301 states that "a person is guilty of cruelty to an animal if the person . . . intentionally, knowingly, recklessly, or with criminal negligence . . . injures an animal [or] abandons an animal." The animal cruelty statute requires abandonment that presents an "an immediate, direct, and serious threat to the life, safety, or health of the animal." The few facts here do not sound like there was any actual injury or abandonment. Lack of any injury or abandonment would be a good defense in any prosecution for animal cruelty.
Q. Could I press charges against somebody who has fed my dogs without permission?
A: A pet owner could file a complaint with the local police department for animal cruelty. Utah Code Ann. sec. 76-9-301 states that "a person is guilty of cruelty to an animal if the person . . . intentionally, knowingly, recklessly, or with criminal negligence . . . injures an animal." Feeding a neighbor's pet that results in injury to the animal could be considered cruelty if the animal experienced health issues. After investigation by the local police, the county attorney's office would then decide if the case warrants prosecution. If the local police refuse to investigate, consider contacting the county attorney office directly. The punishment is a class B misdemeanor if committed intentionally or knowingly or a a class C misdemeanor if committed recklessly or with criminal negligence. Along with filing a criminal complaint with the local police department, the pet owner could also bring a civil action against the neighbor under tort law for conversion, trespass to chattel, or intentional infliction of emotional distress. Conversion would be the best action if the dog died. Otherwise, trespass to chattel would be the best theory of recovery. Trespass to chattel involves personal property, including pets. The damages could include veterinary expenses and other related damages.
Q. Can I get 50/50 custody or any legal rights of my non biological son?
A: A person other than a biological parent, such as a grandparent or a step-parent, may petition the court for custody and visitation of a child in Utah. But there must be special circumstances for the court to award custody and visitation to a person who is not a parent. Utah Code Ann. sec. 30-5a-103 governs custody and visitation for persons other than a parent. Utah recognizes that parents retain the fundamental right and duty to exercise primary control over the care, supervision, upbringing, and education of their children. There is a rebuttable presumption that a parent's decisions are in the child's best interests. A court may rebut the presumption and grant custodial or visitation rights to a person other than a parent who, by clear and convincing evidence, has established all of the following: (a) the person has intentionally assumed the role and obligations of a parent; (b) the person and the child have formed an emotional bond and created a parent-child type relationship; (c) the person contributed emotionally or financially to the child's well being; (d) assumption of the parental role is not the result of a financially compensated surrogate care arrangement; (e) continuation of the relationship between the person and the child would be in the child's best interests; (f) loss or cessation of the relationship between the person and the child would be detrimental to the child; and (g) the parent: (i) is absent; or (ii) is found by a court to have abused or neglected the child. Showing absence, abuse, or neglect by the parent is most challenging part. As with other areas of family law, the best interests of the child are paramount. The person who is not a biological parent may petition the court for custody by filing a verified petition in the county in which the child currently resides.
Q. I got a ticket because my dog or supposedly my dog barked at the neighbor at 11 at night can I fight this
A: Noise laws are generally governed by city and county ordinances rather than state law. Under the state statute in Utah Code Ann. § 76-9-102A, a person is guilty of disorderly conduct if the person "makes unreasonable noises in a private place which can be heard in a public place." If the noise could be heard from the dog came from a public place, then this the owner of the dog could be found guilty of disorderly conduct under the statute, which is a misdemeanor. You would need to check the local city and county ordinances for noise. Many cities and counties in Utah have noise ordinances in place after 10:00 p.m. The language varies by city and county. The penalties also vary from a fine for an infraction to a misdemeanor. For example, Salt Lake County has a noise ordinance after 10:00 p.m. Besides a city or county ordinance violation which could be brought as a public nuisance by the municipality, a neighbor could also bring a separate action for a private nuisance. A private nuisance claim is based on an interference with the comfortable enjoyment of their property. See Utah Code Ann. § 78–38–1(1). In a private nuisance case, the plaintiff must establish the following elements: (1) a substantial invasion in the private use and enjoyment of land; (2) caused by defendant or for which defendant is responsible; and (3) the invasion is either (a) intentional and unreasonable, or (b) unintentional and otherwise actionable. See Turnbaugh v. Anderson, 793 P.2d 939, 942 (Utah Ct .App. 1990). Some courts in other states have found pet owners liable for private nuisance but no reported Utah case exists. A Missouri state court held that the consistent barking of 16 Australian shepherd dogs, which disturbed the sleep and tranquility of adjacent landowners, was a private nuisance and warranted an injunction barring the owner from keeping more than two dogs. See Tichenor v. Vore, 953 S.W.2d 171, 90 A.L.R. 5th 801 (Mo. Ct. App. S.D. 1997). Similarly, a Utah court could find that consistent barking warrant an injunction for a private nuisance. In sum, a dog owner could face penalties for failing to control a dog that is barking after 10:00 p.m. The offense would most likely be governed under the city or county ordinance rather than Utah state law. If you want to contest the charge, consider contacting a Utah lawyer.
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Contact & Map
Law Office of Brian Craig, PLLC
95 W 100 S, Suite 106
95 W 100 S, Suite 106
Logan, UT 84321
USA
Telephone: (435) 760-3101