When can a Utah teen be tried in an adult court instead of juvenile court?

Aug

jesse, on the topic of Juvenile Court, Utah Law

(20) When can a Utah teen be tried in an adult court instead of juvenile court?

It depends on age and the crime the juvenile allegedly committed.

13-years-old and younger: They cannot be transferred to adult court because Utah deems them as children.

14, 15, 16, 17-year-old juvenile: If the juvenile is charged with any offense that would be a felony if committed by an adult, the juvenile can be transferred out of juvenile court and into adult court if the prosecutor can convince the juvenile judge that it is in the state’s best interest that the juvenile have a trial in adult court.

16 or 17-year-old juvenile: They can be transferred out of juvenile court and into adult court for a number of reasons.

Any 16 or 17-year-old juvenile charged with murder is automatically transferred into adult court. (Utah Code 78A-6-701(1)(a)).
Any 16 or 17-year-old juvenile who was previously sentenced to a secure facility and then afterwards is charged with another felony is automatically transferred into adult court. (Utah Code 78A-6-701(1)(b)).
Any 16 or 17-year-old juvenile charged with the following felonies can be charged as an adult in juvenile court (from Utah Code 78A-6-702(1)(a)(i-ix)):

Aggravated arson

Aggravated assault involving intentionally caused serious bodily injury

Aggravated kidnapping

Aggravated burglary

Aggravated robbery aggravated sexual assault

Discharge of a firearm from a vehicle

Attempted aggravated murder

Attempted murder

The juvenile is then moved to adult court unless the juvenile can show that three conditions apply (no previous felony-level offense involving a weapon, less culpability than any co-defendants, and a role in the offense was not violent, aggressive, or premeditated).

When a juvenile you love is being charged in juvenile court for a serious crime, it is important for the juvenile to be represented by an attorney who knows the juvenile justice system and knows how to get the best outcome for the juvenile.

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Utah’s Juvenile Court Process

Aug

jesse, on the topic of Juvenile Court, Utah Law

The process for Juvenile court is easier to understand than adult court. Here is a simple timeline for what would occur for a typical juvenile not accused of a felony:

Juvenile allegedly commits crime.
Police officer submits police report or citation to juvenile court.
Juvenile and parents meet with an intake probation officer.
1. If the juvenile admits to the charge, the probation officer can create a non-judicial contract with the juvenile. This is an agreement that requires the juvenile to do certain things like pay a fine, pay the victim restitution, compensatory service, counseling or treatment, attendance at a substance abuse program, and restrictions on activities and associations. By entering into this contract, the juvenile avoids going to a judge and having a court record that could hurt the child in the future.
2. If the juvenile contests the charge, the case will be heard before a juvenile court judge.
The juvenile and parents meet with the juvenile prosecutor in a pre-trial conference. The prosecutor can decide to go to trial, reduce or dismiss charges, or work out a plea in abeyance agreement. A typical plea in abeyance agreement might require payment of a fine, required school attendance, taking random drug tests, or writing a letter of apology. If the juvenile obeys, the charge would be dismissed.
If no agreement is made at pre-trial, a trial begins. In juvenile court, this is called an adjudicatory hearing. There is no jury or spectators; only the judge who will hear the case.
If the judge finds the juvenile guilty, the judge will make a disposition (or sentence) that will likely include compensatory service, classes, or counseling.

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Your child’s medication could cause them to fail a drug test in Utah

Jun

jessica, on the topic of Drugs

photo: PinkMoose

Amoxicillin : your child is on cocaine
Nasal Sprays (Afrin): your child tests positive for Ecstasy and Amphetamines
Robitussin Cold and Flu: once again Ecstasy, MDMA, or Meth

If you or your child is tested at school for athletics or drug tested for another reason their tests may show positive results for many types of drugs. However, these results do not necessarily indicate that you/your child is on drugs. Many common medications that young adults and children take have the ability to cause false positives on drug tests. Both over-the-counter drugs and prescribed medications can do this. Low quality tests and non-certified testing centers can make these false positives more common with lower quality equipment and less in-depth testing. A more extensive list of these common medications can be found at AskDocWeb. This article also lists many sources of reference that explain the reasons for and commonness of these false positives. If you feel that you or your child has been wrongly accused of failing a drug test it is important to contact the most qualified attorney you can so your/your child’s record will not be tarnished for the use of a simple and legal medication.

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Youth Justice in Northern Ireland HELPS Victims and Reduces Reoffence

Jun

jessica, on the topic of Juvenile Court, Violent Acts

photo: ro_buk [I'm not there

Imprisonment is widely overused to control child offenders in the United Kingdom. In an effort to control the overwhelming numbers of imprisoned youth, reduce youth crime, and improve the juvenile justice system, Northern Ireland created the Youth Justice Agency (YJA). This program has effectively reduced the population of youth in prison and strongly prevented juveniles from reoffending.

The YJA focuses on restorative justice throughout the legal process. At the center of the program is the youth conferencing system, “at which the offender, victim (or victim representative), professionals and others are brought together to disucss the offense and its repercussions, and to agree on an action plan for the offender.” This may happen prior to conviction or post-conviction. The members discuss many things with the offender such as what laws were broken, who has been hurt, how crime violates individual rights, focuses on guilt, and identifies the needs and obligations of the victim. Then, the conference members agree on a plan, “which sets out actions to be taken by the young person to make amends for the offense and redue the likelihood of further offending”. Such required actions are suited to the offender’s age and capabilities and can include: an apology, community service, working to repay any damages incurred, citizenship education. The plans are not always approved by the oversight legal board, but many are and its success is shown by the high rate of satisfaction among victims, a reduction in reoffender rates, a decline in the use of state custody for offenders, and less overcrowding in the prison system. The YJA has done well enough that England and Wales are integrating the same type of system into their youth legal process.

There are many ways to deal with juvenile offenders and with such a high rate of reoffence in the United States, perhaps our legal system should explore a similar program.

“Out of Trouble” Making Amends: restorative youth justice in Northern Ireland, Jacobsen & Gibbs, 2009

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Girls Becoming as Violent as Boys

Jun

jessica, on the topic of School, Violent Acts

photo: JP-Flanigan

A recent U.S. Substance Abuse and Mental Health Services Administration report shows that 1 in 4 teenage girls across the country, in such places as Utah, are involved in violent behavior. 26.7% of the 33,000 girls surveyed had been involved in a serious fight or violent act. We can also assume that the rates are higher as most school age students are shy to admit their real feelings and experiences for fear of repercussion. The violence is more prevalent with girls who binge drink and/or smoke marijuana, came from low income families, those who did not attend school, and with girls who had the lowest grades. Young girls are starting to overturn the stereotypes that target male adolescents as aggressors as the more violent of the genders. If your son or daughter has been accused of a violent crime finding a defense attorney who has experience with adolescents is very important to keep your child on the right track to success.

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Studies show Tobacco Laws do not reduce Juvenile Smoking

Jun

jessica, on the topic of Drugs, Utah Law

photo: Rev. Xanatos Satanicos Bombasticos (ClintJCL)

Studies continue to prove that PUP tobacco laws (possession, use, and purchase) do not cause any reduction in juvenile smoking. PUP laws only affect the very small percentage of underage users who are caught and penalized. These youth experience an uncertain punishment and a drawn-out legal process. The extensive amount of time that occurs between the offense and the penalty creates a disconnect which severely weakens the intended effect of a deterrent. Not only are the punishments ineffective but they undermine other types of productive discipline: parent-child punishment, educational means of discipline within a school environment. Additionally, increased attention on PUP laws steals attention from other effective strategies that ward against youth smoking such as penalizing corporate targeting of youths in marketing campaigns. An important study on the effectiveness of PUP tobacco laws by Wakefield and Giovino can be found here. If you or your child are concerned about the punishments for violating laws concerning possession, use and purchase of tobacco or other drugs you should contact an attorney who is well versed in dealing with youth and drugs. Hiring a qualified attorney will prevent you/your child from being caught in an ineffective system of punishment.

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Drug Testings for Utah High School Athletes

Jun

jessica, on the topic of Drugs

photo: Scorch 07

An increasing number of school districts in the country are implementing drug-testing programs for students involved in extracurricular activities. The United States Supreme Court has upheld the legality of randomly drug testing high school student involved in school activities (Vernonia School District v. Acton, 515 646 (1995)). Therefore, both the state of Utah and individual school districts have the ability to decide whether they will use drug testing. Most often the high school drug tests are for performance enhancing drugs such as steroids and other amphetamines. Also commonly looked for are diuretics, which can be used to hide the presence of other drugs in the urine.

Recently the Ogden School District has considered randomly testing students who participate in extracurricular activities for drug and alcohol use. The district wants to follow similar policies used by the Weber, Box Elder and Rich school districts. Although such policies do not apply to students not associated with school activities, there are guidelines which allow the other students to be tested upon reasonable suspicion. For more information on drug testing in schools please refer to the National Institute of Health.

Laws constantly evolve and change so if you or your child is found in possession of, or using drugs in high school in Utah you should contact a qualified attorney before speaking with the police. This is particularly important if you feel the test violated any of your or your child’s rights. A lawyer will be able to advise you on the legality of the issue, help fight a false positive, or appeal a disciplinary action. If your child is tested they should not admit to any drug use and possibly demand a retest. Drug tests are often unreliable and can show a false positive.

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10-yr old Children Fasely Accused of Rape in England

May

jessica, on the topic of Sex Crimes

photo: Arthur Chapman

A few days ago a 8-yr-old British girl confessed to lying about being raped by two 10-yr-olds. The girl had taken her own pants and underwear off after seeing the boys exposed. She has stated a few reasons for the false accusations: lying to prohibit punishment from her mother, to avoid having her candy taken away at home, to get her scooter back, and more. Her mother reportedly heard that two boys where hurting her daughter when she went to a field to find her. Afterward the girl was taken to the hospital with a some stomach pain and a few scratches on her belly. Although the girl has stated that she helped out in the events that unfolded legal actions against the boys are still going forward.(May 2010, Neilan, AOL News) If your child has been accused of a sex crime by another adolescent, it is extremely important to find a criminal defense attorney who knows children and is comfortable with them. Children must be spoken to in a different way then an adult offender and must be treated differently when testifying. A well qualified criminal defense attorney can spot a lying child in an instant on the witness stand and show this without damaging the child’s psyche.

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School Strip Searches ruled illegal by Supreme Court

May

jessica, on the topic of School

photo: dave_mcmt

The U.S. Supreme Court ruled that an Arizona school violated Fourth Amendment rights when they strip searched a teenage girl to look for prescription-strength ibuprofen. The Fourth Amendment protects citizens from unreasonable searches. In this case, school officials ordered the student to take off her clothes and show them the inside of her underwear.

Although this didn’t happen in Utah, the Supreme Court’s ruling applies to all states. Therefore, if your child is asked to remove his or her clothing by a school official, your child should refuse and immediately call you. While school officials can strip search students if it is truly warranted, it is more than likely that a situation involving your child will not reach that level. It is more likely that a school official is misusing their power.

If this situation occurs, or your child consents to a strip search at school without your permission, you should contact a qualified attorney as soon as possible to discuss your legal options.

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Question: My daughter has to appear in Utah juvenile court. What should I do?

May

jessica, on the topic of Juvenile Court

Question: I’m so worried about my 16-year-old daughter. She was charged with shoplifting from the mall (she says her friends bet her to do it) and now has to go to juvenile court. I’ve never dealt with this kind of thing. What is juvenile court like? My daughter is a really a good kid and just got mixed up in the wrong crowd. I don’t want her to be branded a criminal forever.

The first thing you should do is to take a deep breath and realize everything will be okay. In many juvenile court cases, the teenager simply made a bad choice. Juvenile court was created to rehabilitate teenagers and help them become responsible adults, not punish and condemn them for a mistake. Because that is the focus, you should be relieved to know that juvenile court exists to help your daughter, not simply punish her.

Your daughter is not alone in the crime she allegedly committed. According to Utah courts, the most common types of crimes that juveniles commit are shoplifting, possession of alcohol, theft, burglary, possession of marijuana, destruction of property, possession of tobacco, trespassing, violation of curfew, and assault. While the courts take criminal activity seriously, those violations do not justify giving a teenager a prison sentence.

Juvenile courts are different that adult courts. The formality of adult court does not exist in juvenile court. As the parent, you must attend all court hearings. Members of the public can’t attend your daughter’s hearing to ensure her privacy. Your daughter doesn’t have a right to a jury and can’t post bail to get out of detention (if she is required to go to detention). One of the few things similar between juvenile courts and adult courts is your daughter’s constitutional right to due process. This means that she must be told the charges against her, can call witnesses on her behalf, can cross-examine witnesses, and is protected against self-incrimination. She also has a right to an attorney.

If your daughter is found guilty or admits to guilt, she will likely face restitution, fines, and/or community service. Juvenile courts sometimes order a combination of all three.

As far as your daughter’s record, it will not be public information because it is only a shoplifting charge. Only your daughter, you as the parent, and the attorney representing your daughter have access to your daughter’s record. If your daughter committed a felony (and is 14 or older), certain parts of her record would be available to the public.

However, if your daughter is later convicted as an adult of a crime, her record may be made available to a probation officer. Therefore, it is important that your daughter gets her record expunged. A judge can expunge a juvenile’s record if the juvenile has stayed out of trouble for one year after the juvenile court ruled and the juvenile is 18.

Depending on the offense of a juvenile, it is wise to hire an attorney that can help you.

Posted in Juvenile Court | No Comments »

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