Teen Injured in Possible Utah Gang Related Stabbing

Jan

Simms, on the topic of Violent Acts

A West Valley City junior high school student was stabbed in the neck during a recent attack by older teens who may be involved in gang related activities.

Photo: born1945

According to reports, the 13-year-old boy was walking home from school with friends when a vehicle pulled up and some older kids got out and approached the younger teens. The junior high kids ran away, but one boy wasn’t able to escape. The boy reportedly had a broken hand and other less serious injuries after the attack in addition to the wound in his neck. The attack may have been a gang reaction to colors the younger teens were wearing.

Law enforcement was able to track down the car and its occupants who were allegedly involved in the attack. Three people in the car were apprehended and taken in for questioning.

Gangs can be dangerous groups, for both the members and general population as well. Last November we covered some of the reasons people join gangs and good reasons not to join a gang. Parents and guardians can have a positive influence in kids’ lives if they take the time to be involved in what their kids are doing and who they’re hanging out with. Know who your kids spend their time with. Your children may think you’re nosy, but in the long run they’ll likely appreciate your concern and be less likely to turn to a gang for friendship.

If you have a child who’s been involved in any type of criminal activity, whether gang related or not, don’t wait to contact a Utah juvenile defense attorney. It’s important that every person take responsibility for his actions, but there may be extenuating circumstances when a kid is arrested for a crime. An attorney who is experienced in juvenile court issues will be an important resource in your child’s case. Let a Utah juvenile defense attorney be your child’s advocate during what could be the turning point in his life.

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Huffing on the Rise in Utah

Jan

Simms, on the topic of Drugs

We’ve previously discussed Freon huffing and its dangerous side effects, but law enforcement recently commented that huffing is a growing problem for juveniles, adults and police. Syracuse police have already dealt with two separate incidents involving huffing the fumes from a can of air duster, the product used to clean computer keyboards.

Photo: Jon Ross

The first situation concerned a woman who allegedly stole a can of air duster from a store in Syracuse and then passed out in the parking lot after inhaling the fumes.

Last Sunday, a teenager rolled the car he was driving several times after he huffed air duster and passed out. The passenger of the teen’s car was able to get a hold of the steering wheel and neither occupant was severely injured. The driver was charged with several crimes, including: driving under the influence, abuse of a psychotoxic chemical, not using a seat belt and running a stop sign.

When a person uses illegal drugs, misuses prescription drugs or household items, he runs the risk of becoming addicted. Unfortunately, addictions can cause people to do things that they wouldn’t do normally. If your child has an addiction you should get him help immediately. Give him the gift of a better quality of life.

On the other side of the issue is legal trouble. If an addiction has caused your child to get into a legal bind, call a Utah juvenile defense attorney immediately. An experienced juvenile attorney will be your child’s advocate in the juvenile justice system.

Fortunately, the juvenile justice system focuses more on rehabilitation than punishment. Nevertheless, there’s no need to try and handle the law on your own while you’re supporting your child’s recovery. Contact an attorney who will be the legal expert you and your child need during a difficult time.

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Cruelty to Animals a Felony

Jan

Simms, on the topic of Violent Acts

A recent rash of decapitated cats has police in one Utah city wondering who is responsible and why they would decide to exhibit such extreme cruelty to animals.

Photo: Masatsu

The Clearfield Police are currently investigating the matter. One person reported seeing someone who appeared to be a teenage boy using a knife to cut a cat’s head off. Police don’t know if this case involving decapitated cats is simply cruelty to animals or religious-oriented. Law enforcement noted that there was a case not too long ago involving a man and human skulls, and that situation turned out to involve a religious ritual, so the man was not prosecuted.

Under the Utah Code, a person is guilty of aggravated cruelty to animals if he tortures or kills an animal without having the legal privilege to do so. If a person intentionally or knowingly commits aggravated cruelty to animals, that person is guilty of a class A misdemeanor, which carries a potential jail time of up to one year. On the other hand, if the person knowingly or intentionally tortures a companion animal, which includes cats and dogs, that individual will likely be charged with a third-degree felony.

Regardless of the charge, as long as a child isn’t tried as an adult, he will be adjudicated within the juvenile justice system. As we’ve mentioned before, the Utah juvenile justice system is focused on a youth’s best interest and the possibility of rehabilitation, not like the punitive-based adult system.

Rest assured that when you consult an experienced Utah juvenile defense attorney, you and your child will be able to better navigate the complex juvenile court system. Take time today and contact an attorney so that you can get your questions answered.

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Drug Testing for Utah Juveniles

Jan

Simms, on the topic of Drugs

When juveniles in Utah have to go through drug testing with the juvenile court system, there are some recommendations that the courts suggest each child follows:

Photo: Kevin Lau

1. Always cooperate with the probation officer. Now is not the time to try and change the rules by behaving angrily or with hostility.
2. Answer questions honestly. Your probation officer will generally be able to tell if you’ve lied, so be up-front with him or her when you first walk in the room.
3. When a court has ordered that you go through random drug testing, you are required to submit to such testing as required by your probation officer. You normally have two hours’ time within which you must provide your urine sample or you will be considered in violation of a court order.
4. If your urine tests positive for drugs, you may be subject to further penalties from the Court. All test results will be given to the Court.
5. Remember to tell your probation officer about any prescribed medications you are taking. It is required, and it may have an effect on your urine sample. Be prepared to have proof from your doctor that he or she prescribed the medication.
6. You retain the right to challenge any positive drug test. This will be done at your own expense.
7. Your drug test results will not be kept a secret from your parents. You, your parents or guardian(s) and the Court will all receive a copy of the final results.

The best time to consult an attorney is at the beginning of your child’s case. Don’t wait until your son or daughter has been convicted and is forced to undergo drug testing.

You might be surprised at how helpful an effective, experienced Utah juvenile defense attorney can be in your child’s situation. Contact an attorney today if you have questions about a juvenile case your child is involved in.

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RAPE

Dec

Angela, on the topic of Sex Crimes

The repercussions of being convicted of rape or of any other sex crime are so extensive that it cannot be over emphasized how important it is to hire a qualified attorney as early as possible.

Rape is one of the most serious charges to face, and at the same time it is one of the most difficult to defend if the accusation is false. A rape trial often turns into a battle of he said/she said with the jury determining the credibility of the witnesses.

If convicted of rape a defendant could face up to life in prison. It is also important to keep in mind that if convicted of certain sex offenses, a defendant is not eligible for probation and faces a mandatory prison sentence. In addition, a person convicted of rape would have to register as a sex offender.

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Appeal of Utah Juvenile Court Decision

Dec

Simms, on the topic of Utah Law, Violent Acts

The Utah Court of Appeals recently reviewed a case appealed from a Utah juvenile court decision, A.H.F. v State of Utah. Utah juvenile court cases do not identify the name of the individual, so he is referred to “A.H.F.” This case involves a now 17-year-old young man who was 14 at the time of the incident he was allegedly involved in.

Photo: Walknboston

The Background

Early in 2009, A.H.F. and some adult companions allegedly decided to attempt to rob a drug dealer of $1500 they believed he had in his possession. They robbed and kidnapped the drug dealer, supposedly telling him that he would need to get them more money if he wanted to live. The victim contacted a friend and the two decided to rob another drug dealer. Instead, A.H.F. and his companions ended up kidnapping the friend and robbing him as well.

At some point, the juvenile and the other alleged kidnappers decided that the friend had too much knowledge of what they had done and that he needed to be taken care of. The friend and the drug dealer were driven to an empty golf course where it is alleged that A.H.F. fatally shot the friend. After a few other robberies, the drug dealer was able to escape and tell the police that A.H.F. was the gunman in the murder. The juvenile was charged with aggravated murder, among other charges.

A.H.F. v State of Utah

The appeal in A.H.F. v State of Utah came about because of a question by the defendant concerning the admissibility of hearsay evidence at A.H.F.’s Utah juvenile court certification hearing. The juvenile court remanded A.H.F. to district court, basing some of their reasoning on the hearsay evidence presented in a juvenile department report. The Court of Appeals decided that consideration of the hearsay evidence violated a rule of the Utah Rules of Juvenile Procedure and sent the case back to Utah juvenile court.

If a juvenile’s case goes to district court, that juvenile will be treated as an adult. When a juvenile’s case is adjudicated within Utah juvenile court, he can only be placed in juvenile custody until he turns 21, at which point he will be freed.

It is extremely important to have a Utah juvenile defense attorney guide your child through any proceedings, regardless of the nature of the alleged crime. An attorney will assist your child by insuring that the rules of law are followed by all parties involved in the case. Don’t wait until it’s too late; contact a Utah juvenile defense attorney today.

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Division of Juvenile Justice Services, Part 2

Dec

Simms, on the topic of Juvenile Defense Misc

Several blogs ago we covered some of the responsibilities of Juvenile Justice Services in Utah. Today’s post will cover some of the frequently asked questions about Juvenile Justice Services.

Photo: deovolenti

Does legal guardianship change when your child is placed in the custody of JJS?

• No, you remain your child’s legal guardian even though JJS will have temporary custody granted them by a judge.

Do parents still have rights while their child is in custody of JJS?

• Yes. Parents retain the right to have contact with their child by phone or letter or visitation, depending on the rules and regulations of the facility. Parents are encouraged to call their child’s case manager if they have questions regarding their child’s situation.

Who will decide whether my child is removed from my home?

• A juvenile court judge. He or she will take into account the evidence concerning the child’s delinquent behavior, personal or family safety and threat to the public.

Does the state put youth in jail or prison?

• Sometimes. If a youth is a serious and/or habitual delinquent, he could be locked up. Juvenile Justice Services works to help the youth and the public by determining the best place for the youth. Some programs offer a great deal of freedom for the child, while others curtail personal freedoms substantially.

How often will my child be going to court?

• It depends on each child’s circumstances. Review hearings before a juvenile judge are normally held every six months. Your child’s case manager can give you current information on the time and date of the next hearing.

These answers briefly cover some of the more common questions parents may have about Juvenile Justice Services. If your child is experiencing legal troubles, it is a good idea to consult with a Utah juvenile defense attorney right away. Having an attorney represent your child will help make sure that he or she is treated equitably and appropriately within the juvenile justice system.

We know that you have invested a lot of love and concern for your child. Continue to help him or her by providing them with legal representation.

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Theft and Domestic Violence Counseling

Dec

Angela, on the topic of Juvenile Court

There are many counseling and treatment programs that deal with problems other than alcohol and drug problems. These additional programs are listed and described below.

Theft Workshop Classes

A theft workshop class is a one day class and is generally required for people convicted of shoplifting or another theft related offense.

Domestic Violence Counseling

Domestic Violence counseling is usually a 4-6 month program and include a group session component as well as individual one on one treatment. These classes are ordered for convictions which are designated as a domestic violence offense.

Anger Management Classes

Anger management classes are similar to domestic violence classes but they focus on how to better control anger.

Life Skills Classes

Life Skills is a course that helps people cope with thier everyday problems like balancing a checkbook and going to work. This class is helpful for people who have been on drugs for a while and need to re-learn how to integrate back into society.

Sex Offender Classes

Sex offender classes are often court ordered and may include group and one-on-one counseling. These classes may last many months and even years.

Driving school Classes

Driving school classes are a one day course to help prevent a ticket from going onto your driving record. These classes are provided in Englsih and Spanish.

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Serious Youth Offender Procedures in Utah

Dec

Simms, on the topic of Utah Law, Violent Acts

Many people think that if you commit a crime and you’re younger than 18, you get the benefit of juvenile court, which focuses on helping young people, providing treatment instead of punishments, and is much more private than adult court.

For the most part that is true. But, there are certain serious crimes that can catapult a youngster 16 years old or older into the adult court system and even land a juvenile in prison.

For example, a juvenile who commits the following felonies may be legally classified as a serious youth offender:

• aggravated arson
• aggravated assault, involving intentionally causing serious bodily injury to another
• aggravated kidnapping
• aggravated burglary
• aggravated sexual assault
• felony discharge of a firearm
• attempted aggravated murder or
• attempted murder

A juvenile could also be considered a serious youth offender if the juvenile has previous convictions involving dangerous weapons.

If the prosecutor files a serious youth offender case against a juvenile, there will be hearing in juvenile court that is just like a preliminary hearing in district court. Only, the stakes are high for a juvenile because the results could be a trip to adult court. If the state proves to the juvenile court judge that there is evidence to support the state’s case against the juvenile, the law requires the juvenile judge to order that the juvenile be bound over and held pending trial in district court.

In other words, a juvenile could be treated just as if an adult had committed the same crime—with a few exceptions.

If you have a young person in your life that is facing a serious youth offender problem, you need competent legal help right away. A good defense attorney might be able to stop the juvenile from landing in adult court. For example, there may be arguments to keep the youth in juvenile court, such as:

• the juvenile was less culpable than other co-defendants or participants in the crime
• the juvenile has no prior convictions involving the use of dangerous weapons; or
• the juvenile’s role in the offense was not committed in a violent, aggressive or premeditated manner

These are just some of the arguments that a good defense attorney could make to keep a juvenile out of adult court. It is important to contact a Utah juvenile defense attorney immediately if your child has been charged with any crime, whether a felony or misdemeanor. An attorney will be able to explain the justice system process in more detail and help ensure that your child is treated fairly and appropriately.

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Guns and Juveniles in Utah

Dec

Simms, on the topic of Utah Law

There are a fair amount of laws surrounding minors and their use of dangerous weapons, including guns, in Utah.

Photo: sierrasportsment

Minors under 18 years old may not possess a dangerous weapon unless the following conditions are met:

• the juvenile must have permission from a parent or guardian to possess such a weapon, and
• he must be accompanied by a parent or guardian while in possession of a weapon.

If a minor under 14 years old is in possession of a dangerous weapon, he shall be accompanied by a responsible adult.

Violation of these laws is a class B misdemeanor the first time, but a class A misdemeanor any subsequent times.

One weapon that juveniles under the age of 18 may not possess under any circumstances is a handgun. With the exception of where permissible by federal law, minors under 18 may not have the following weapons:

• sawed-off rifle
• sawed-off shotgun
• a fully automatic weapon

Violation of the handgun law is a class B misdemeanor for the first offense and a class A misdemeanor for any further offenses. It is a third-degree felony for a minor to have a sawed-off rifle, sawed-off shotgun or fully automatic weapon.

Providing Guns to Violent Minors

Parents are not to give a weapon to a violent minor, regardless of the situation, or the parent will be guilty of a class A misdemeanor or third-degree felony. A violent minor is generally someone who has been convicted of a violent felony or who has been in juvenile court under circumstances which would be considered a violent felony if the juvenile was an adult.

Additionally, any parent who knows his minor has a dangerous weapon in her possession but doesn’t make reasonable efforts to take the weapon away is guilty of a class B misdemeanor.

Utah is usually considered to be a gun-friendly state, but there are times when juveniles shouldn’t have access to guns or other weapons for any reason. If your child is involved in legal problems over a gun-related issue, don’t hesitate to contact a Utah juvenile defense attorney. Let an attorney guide you through complex juvenile law and be your child’s advocate when she most needs assistance.

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