Kids and Utah Gangs

May
10
Simms, on the topic of  Juvenile Defense Misc
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In spite of the efforts of law enforcement, Utah gangs seem to be thriving. However, there are laws against involving minors in gangs, and the penalties can be severe.

Photo: The Eyes Of New York

Penalties Involving Utah Gangs

It’s illegal to solicit, recruit, entice or intimidate a minor (someone under the age of 18) to join a criminal street gang—even if the youth doesn’t join the gang. Attempting any of these methods will earn a person a class B misdemeanor.

It is also a class B misdemeanor to try and stop a juvenile from leaving a gang. Unfortunately, that’s probably easier said than done, because once a kid joins a gang the members will likely pull out all stops to try and keep him involved with gang activities.

If a gang member tries to intimidate a minor to commit or attempt to commit a criminal misdemeanor, that person could be charged with a class A misdemeanor. It’s also illegal for a gang member to try to get a minor to recruit another minor more than once within a 180-day period. Committing this crime can earn a person up to one year in jail.

Most Kids Just Want to Belong Somewhere

Even though the legal penalties should be enough to keep your kids from joining Utah gangs, many youth looking for a place where they feel like they belong might send them right into gang members’ arms.

If your child has become embroiled in a gang, ask for help. Don’t wait around hoping your kid will “see the light” and leave a gang. Also, any legal troubles your child is in warrant an immediate phone call to a Utah juvenile defense attorney. Do what you can to help your kids get help while they’re young, before they get involved in serious trouble.

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Utah Teens Facing Kidnapping Charges

May
03
Simms, on the topic of  Juvenile Defense Misc
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Three southern Utah teens may be facing kidnapping charges after allegedly participating in an incident involving a teenage girl last Sunday.

Photo: DiamondBack Truck Covers

The Victim’s Kidnapping Story

The victim’s story is that at least three shirtless males wearing masks grabbed her from behind and put her in the back of a truck, closing the truck bed’s lid over her and locking her inside. They supposedly drove for a little while and stopped; at some point they opened the cover and she was able to get away.

The girl was able to provide a description of the vehicle, and three juveniles were arrested by the local police. After their arrests, a juvenile court judge ordered that the boys be released. The boys have since been removed from high school.

What Could Happen to the Boys?

If the young men are charged with kidnapping and found guilty, their punishments would be up to a juvenile court judge. They could potentially be in detention until they turn 21.

Kidnapping or Prank?

Is this a prank being blown out of proportion? The girl was likely scared, and if the boys did commit this act, it was a bad choice. However, should they be locked up for the next four years because of a prank? The answers to these questions depend greatly upon a person’s point-of-view.

If you’ve ever been involved in a prank, you know how easily something meant to be funny can go wrong. Most pranks are just that—a joke, and some jokes are pretty stupid. However, stupidity isn’t necessarily a crime.

Hiring a Utah Juvenile Defense Attorney

If your kid ever does something that police think is criminal, don’t wait to hire an attorney to represent him. Somebody may be looking for a scapegoat, and that could be your child. Let a Utah juvenile defense attorney provide your son or daughter with a vigorous defense, freeing you to support your child. It could be one of the best decisions you’ll ever make.

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Utah Juvenile Court Plea Choices

Apr
26
Simms, on the topic of  Juvenile Court
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A delinquent youth has some choices when it comes to proffering a juvenile court plea. They do not have as many choices as adults do in district court, so it is extremely worthwhile to obtain the advice of a Utah juvenile defense attorney before allowing your child to give any plea in juvenile court.

Photo: Mikey Angels

Denial of Guilt

One juvenile court plea is a denial of any charges. If your child denies the charges against him, the court will set either a trial hearing or a pre-trial conference.

Admission of Guilt or No-Contest

Another juvenile court plea is to admit one’s guilt or plead no-contest. The court may refuse to accept a guilty or no-contest plea and may not accept such a plea until the court finds the following:

• That a minor who is not represented by an attorney has waived the right to an attorney

• That the guilty plea is voluntarily made (not coerced by another individual)

• The minor (and if in court, the minor’s parent or guardian) has been told about, understands and voluntarily waived the right to: self-incrimination, presumed innocence, a speedy trial, confront and cross-examine opposing witnesses, testify and request witnesses on his behalf.

• The consequences of the child’s juvenile court plea have been explained to the child

• The youth understands what he is pleading to and that if a trial were to be held, the prosecution would have the burden of proving his guilt beyond a reasonable doubt

• The facts support the child’s juvenile court plea

A youth may enter a plea to a lesser charge if the original petition is amended. The prosecuting attorney may decide to have plea negotiations with the child if he is represented by a Utah juvenile defense attorney or as long as his parents have been told about the discussions and are given the opportunity to be in attendance.

A child may enter a juvenile court plea that isn’t immediately entered into the record if certain conditions are imposed upon the child. If the youth fulfills the conditions, the case can be dismissed. However, not meeting the requirements would cause the plea to be entered and court-imposed consequences to follow. In district court this type of situation is called a plea-in-abeyance.

Hiring a Utah Juvenile Defense Attorney

If your child gets into legal trouble, do him and yourself a favor and contact a Utah juvenile defense attorney right away. Don’t allow your son or daughter to enter a plea without a lawyer’s advice. This is the time that you need the expertise of an experienced attorney who will help you and your child understand the juvenile court process, your parental rights and responsibilities and your child’s rights and responsibilities. Make that important phone call today.

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Juvenile Delinquency Court Process

Apr
19
Simms, on the topic of  Juvenile Court
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Once your child is charged with a law violation, he will be involved in the juvenile delinquency court process. The police department sends a referral to the juvenile court and then depending on the charge, his case may fall into one of a variety of process levels.

Photo: Joe Loong

1st Level—Bailable Offense: This covers most youths under 16 for the following problems: most traffic offenses, park and recreation offenses, wildlife violation and other minor infractions.

2nd Level—Citation Diversion Unit: This level is for a youth’s first to third time at Juvenile Court and includes all other offenses that are a class B misdemeanor or lower. Your child will receive a date and time to appear in Juvenile Court from a police officer or a letter requiring his attendance at a class.

3rd Level—Preliminary Inquiry: These include all levels that are not covered by the Citation Diversion Unit, class B misdemeanor or higher. A probation officer will provide you and your child with a letter detailing the date and time of a meeting.

4th Level—Arraignment: Your child will be required to come to court for an arraignment for juvenile delinquency if he’s failed to attend his CDU or Preliminary Inquiry or if there’s been other non-compliance issues. The court will send a notice of hearing.

5th Level—Pretrial: A Pretrial hearing will be held if your child denies the charges or has an attorney.

6th Level—Trial: If you and your child meet with a deputy County Attorney concerning the case and cannot reach an agreement a trial will be held and your child will have the opportunity to call witnesses in his behalf. It would be prudent to have an attorney who is familiar with the law handle your child’s trial.

A parent or guardian is required to attend every part of a juvenile delinquency court proceeding, whether it is a meeting, trial or any other court-ordered event. Your attorney should also be present at any hearing, meeting, etc.

Take advantage of the opportunity to have an experienced Utah juvenile defense attorney take care of your child’s case. Any charges against a youth are worth the time spent consulting a juvenile defense attorney, and may mean the difference between detention or probation for certain offenses.

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Chemical Bomb Explodes at a Utah High School

Apr
12
Simms, on the topic of  School
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Instructions for just about everything on the internet abound, including how-to’s for creating your own chemical bomb. However, just because you can find out how to make a chemical bomb easily doesn’t mean you should follow through with the experiment, as two Bountiful High School students recently discovered.

Photo: maticulous

Chemical Bomb Explosion Leads to Arrests

The high school was placed on lockdown status yesterday after a homemade chemical bomb exploded in one of the school’s foyers. No one was hurt, but the two students were arrested after police investigated the incident. The two apparently left some other chemical bombs in other locales as well, including one that exploded in a church parking lot. Police indicated that the two students probably weren’t planning to hurt anyone, but law enforcement does take the behavior seriously.

One of the two involved in exploding the chemical bombs is 18 years old and was taken to the local county jail, since he is legally an adult. The other student is just 16, so she went straight to detention.

Chemical Bomb Presents Danger to Anyone in the Vicinity

Using an incendiary device is a second-degree felony in Utah. Each chemical bomb in this case was full of hydrochloric acid, which presents a danger to anyone caught in the explosive fall-out.

Since most teenage pranks are harmless, these kids may not have fully realized the danger that their chemical bombs presented to others or even themselves. Hopefully their parents will understand the importance of hiring an attorney to represent each youth in order to make sure the kids are treated fairly. We don’t condone violence, but we do believe every person—juveniles and adults alike—deserve equal representation when it comes to criminal matters.

If you need to look for a Utah juvenile defense attorney for your child you should consider the attorney’s previous experience and hire someone who has a reputation for serving his or her clients effectively. Criminal charges of any nature are best handled by an attorney who knows how to get the job done right.

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Update on Teen Involved in Utah School Bomb Plot

Apr
05
Simms, on the topic of  Violent Acts
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We recently told you about a Utah teenager who was arrested after authorities discovered his alleged involvement in a bomb plot to destroy Roy High School. Joshua Hoggan is currently on home detention while being monitored electronically.

Photo: Mindsay Mohan

A hearing will be held in two weeks before a judge to review Hoggan’s current situation and see if he can have certain restrictions lifted.

Bomb Plot a First-Degree Felony

Hoggan has been charged in juvenile court with one first-degree felony count for use of a weapon of mass destruction. According to text messages, Hoggan and another young man were planning to bomb the high school during an assembly and then make their escape. The other individual has been charged with the same felony in district court as he is 18 years old.

Potential Consequence to Juvenile Delinquent

The biggest consequence a youth can face when he is tried in juvenile court is to be remanded to detention until he reaches the age of 21. Keep in mind that according to the State of Utah, when a youth is tried in juvenile court he is considered to be a delinquent, not a criminal.

That is good news for lots of kids who make mistakes but are not beyond the reach of amendment. Many youth fall into the category of being thought of as a criminal, when they are actually confused and trying to find their place in life.

Hiring a Utah Juvenile Defense Attorney

Do you have a child who is facing charges in juvenile court? Don’t wait and hope for a positive outcome without consulting a Utah juvenile defense attorney. All youth deserve the opportunity to be represented by a top attorney who has the child’s best interests at heart. You might assume that the juvenile justice process will appropriately sort things out, but we all know what happens when you “assume” something.

Help your child today by contacting a Utah juvenile defense attorney.

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Community Programs for Utah Juveniles

Mar
29
Simms, on the topic of  Juvenile Defense Misc
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There are a variety of community programs available for delinquent kids in Utah, most of which are available through private businesses which have a contract with Utah’s Juvenile Justice Services. Community programs are non-secure. Some programs are residential (where the child lives at a facility) while others are non-residential.

Photo: Bitterroot

The Goal of Community Programs

Community programs are supposed to help juveniles transition from delinquency safely back into society. These programs are usually available to kids in the following situations:

• Youth who have been committed to Juvenile Justice Services for placement but are still under the discretion of the juvenile court.
• Youth who are under the jurisdiction of the Youth Parole Authority and who are on parole, but working towards being released into society.

Residential Options

Some residential options that may be available to youth in custody include:

• Child placed with a single adult or family
• Group homes. These can be general or quite specific, depending on the needs of the youth.
• Wilderness programs
• Specialized boarding homes responsible for extremely delinquent kids

Non-Residential Services

These services are available on an out-patient basis:

• Psychiatric evaluations
• Counseling
• Therapy
• Job training

Community Transitional Programs

Transitional programs are designed for juveniles on parole who require extensive services before returning to membership in the public at-large. There is a lot of supervision, particularly to protect the community. Some learning opportunities in these programs may include: training for independent living, job training, serving the community.

Utah Juvenile Defense Attorney

Don’t hesitate to consult an experienced Utah juvenile defense attorney if your child is in legal trouble. You may not know all the questions to ask, but a top-notch attorney will be able to guide you and your child through the potentially confusing juvenile court process. The right phone call may help put your child and family on the road to recovery.

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Mental Illness and Utah Teens

Mar
22
Simms, on the topic of  Juvenile Defense Misc
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Last weekend, a Magna, Utah teen suffering from mental illness was shot and killed by police after he opened fire on officers. The 15-year-old boy allegedly put on a bullet-proof vest, broke into his father’s gun safe and took a .45 caliber handgun which he then used to shoot at police officers. The young man apparently was bi-polar and mildly autistic. Family members have said that they aren’t sure what prompted his actions, but his father was recently charged with several crimes and they speculate that may have had something to do with the boy’s current depression.

Photo: Meg Wills

Helping Teens With Mental Illness

This situation is a sobering example of what can happen to teens who suffer from mental illness. Mental illness is generally not self-induced, but often something a person develops or is born with. There are some things parents can do, however, to help their teen who may be fighting mental illness or other problems such as stress.

• Keep an eye on your teen. This doesn’t mean babysitting your child, but knowing how she is feeling and what stresses she may be experiencing.
• Listen to your teen. If he is expressing thoughts about suicide or harming others in some way, take him seriously. Don’t chalk it up to teenage drama. Contact his doctor or other mental health expert and try to find out what’s going on.
• Model stress management skills yourself. Your child will have a better chance of lowering her stress level or accepting help with a problem if she sees that you are a good example of de-escalating situations yourself.
• Encourage your child’s participation in sports or extracurricular activities. Don’t cover up the problem, just know that it’s fairly well accepted that exercise and productive hobbies will encourage positive mental thoughts.
• Talk to your teen. Let him know that he is important to you and that he matters. A little love goes a long way.

Being a Helpful Parent

Mental illness and stress can’t be thought or wished away. Anyone who’s experienced these problems knows that well. You can help your teen, though, by being a positive parent who encourages good behavior by modeling it themselves.

Contacting a Utah Juvenile Defense Attorney

Sometimes in spite of all you do your teen may still have legal troubles. If your teen gets into a tough situation with the law, it is vital that you contact a Utah juvenile defense attorney right away—whether your child suffers from a mental illness or not. Give your teen and yourself peace of mind by having a legal expert handle your child’s case in and out of court. Make that important phone call today.

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Bottle Bombs are No Laughing Matter

Mar
15
Simms, on the topic of  Violent Acts
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Although you can find instructions on the internet to make just about anything, including bottle bombs, that doesn’t mean it’s always a good idea or even legal. In fact, bottle bombs can actually be quite dangerous and have been known to cause severe injuries to the people who’ve been unlucky enough to be around when a bottle bomb detonates.

Photo: Arria Belli

Current Bottle Bomb News

In January, teens in the San Diego area pleaded guilty to misdemeanor charges related to possession of a destructive device. Also, police in Maryland are currently frustrated by the explosion (pardon the pun) of bottle bombs that keep popping up in various communities in the state. A case in Utah was recently settled concerning a bottle bomb filled with dry ice.

What Goes Into a Bottle Bomb?

Part of the problem with bottle bombs is that the creators sometimes fill them with caustic chemicals which can cause burns. Even if the bottle just contains non-toxic fluids, the explosive nature can break apart a plastic pop bottle, turning it into shrapnel-like pieces. Kids may think they’re just having a bit of fun, but the fun can turn into criminal charges.

Felony Charges Await Bottle-Bombers

In Utah, a person—juvenile or adult—can be charged with a first-degree felony if he uses an explosive or incendiary device (which includes bottle bombs) to injure someone, attempt to injure someone or someone’s property.

In other words, you may want to think twice before creating your own homemade bombs and leaving them lying about or planting them specifically to cause some mayhem. Law enforcement doesn’t take attempting to blow things up lightly.

Utah Juvenile Defense Attorneys Can Help

If your child has a proclivity to experimenting, you may want to get him or her into the right science class or club at school where they can safely explore what happens when you mix certain ingredients together. If all else fails and your child has already run afoul of Utah law, don’t wait to contact a Utah juvenile defense attorney. Don’t leave your youngster in the hands of the State without giving them someone to speak on their behalf. Take the time and make that important phone call today.

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Utah Juvenile Probation

Mar
08
Simms, on the topic of  Juvenile Defense Misc
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Today’s blog post will cover what juvenile probation means, what qualifies a youth offender for probation and what the probation process entails. While the information given will be more specifically geared towards the Third District Juvenile Court in Utah, there are similarities in each Juvenile District Court throughout the state. It would be prudent to contact a Utah juvenile defense attorney to find out what juvenile probation guidelines are in effect in your district.

Photo: Marcin Wichary

What is Juvenile Probation?

Probation for juveniles is one possible avenue a juvenile judge may take when dealing with a youth offender’s case. Probation allows a child who has been found delinquent to remain in his home under certain conditions decided upon by the judge and the juvenile probation department. Once the probation conditions have been set up, the youth and his parents will be made aware of their responsibilities during the probation period.

Qualifications for Juvenile Probation

Some of the qualifications a judge may consider when deciding for or against juvenile probation include:

• severity of the offense
• the offender’s previous criminal history (or lack thereof)
• other mitigating circumstances
• probation officer recommendation
• the juvenile’s need for services only available through probation

Probation Process

Probation begins when the juvenile judge enters an order for probation. If circumstances allow, the judge may place the youth on two weeks’ house arrest instead of requiring the youth to go to detention. Normally within a couple of days the family and juvenile will receive a phone call or personal visit from a juvenile probation officer who will orient them on what the probation procedures are. Probation time is not specific and will only end when ordered by the judge.

The first part of the probation process involves the probation officer gathering information from a variety of resources in order to help decide what the best strategy is for helping the youth offender to rehabilitate and prevent future criminal offenses. The probation officer will then identify three top risk factors and set goals and/or a correctional plan for the youth. The juvenile must achieve the goals before he can be considered for discharge from probation. The probation officer will be responsible for monitoring the youth’s progress and reporting goal completion and compliance to the judge.

Consulting with an Attorney

One of the best ways to help your child involved in the juvenile court process is to hire a Utah juvenile defense attorney to represent him. An attorney can be an invaluable asset when you are trying to communicate with the court and law enforcement. Your child’s attorney can help make the potentially confusing law more understandable and easier to follow. If you have questions about any case your child is in the midst of, contact a Utah juvenile defense attorney today.

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