Archive for the ‘Juvenile Court’ Category

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Utah Juvenile Court Educational Reviews

Apr
18
Simms, on the topic of  Juvenile Court
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Youth who violate Utah law will at some point be involved in a Utah juvenile court review hearing and, as a parent, you will want to know what type of information the court requires at that hearing.

Photo: Lee Edwin Coursey

How Does the Court Find Out About Alleged Offenses?

A youth may be referred to Utah Juvenile Court by the police, a parent or a school. Once the child goes into court, his case will be assigned to an intake officer who meets with the child and his parents to determine what action is necessary.

Once a child has been adjudicated, court review hearings will likely be scheduled. These hearings can take place as often as deemed necessary by the judge, but are usually held every 6-9 months.

Education Reports are Important

You can expect the court to be interested in the juvenile’s educational needs, status and progress. Education information allows the judge to make appropriate court orders concerning each individual child, since each child who goes through a Utah Juvenile Court will have specific educational needs and goals.

Upon request, the court will likely want to have the following information available:

• current school placement and duration of the current placement
• educational history
• current grades and attendance, including GPA and credits earned
• the juvenile’s behavior in school
• whether the child is on grade level and his progress toward graduation
• participation in Youth in Custody services
• if he qualifies for and is participating in special education services or programs
• current IEP and IEP progress reports
• extracurricular activities
• child’s successes in school
• academic performance

Find a Utah Juvenile Defense Attorney to Help Your Child

It’s important that any child who is involved with the Utah Juvenile Court have legal representation to insure that he or she is treated fairly. Parents shouldn’t have the extra burden of trying to figure out what the law is and how to best help their child from a legal standpoint. A Utah juvenile defense attorney is the right person to take on those concerns and make certain that the child receives the appropriate help from the court.

Don’t wait until your child is in the middle of legal problems and you are at your wit’s end. Contact a Utah juvenile defense attorney today.

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Utah Juvenile Sentencing Guidelines—Mitigating Factors

Mar
07
Simms, on the topic of  Juvenile Court
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There are juvenile sentencing guidelines in Utah which are just what they sound like—guidelines. This means that a probation officer may make recommendations based on these guidelines, but he doesn’t have to. There is also a list of mitigating factors that may be taken into consideration when sentencing recommendations are made.

Photo: Mr. Thomas

Mitigating Factors for Juvenile Sentencing Guidelines

Significant Improvement Since the Offense: The juvenile has shown significant improvement since the time of offense; has voluntarily sought treatment or has compensated or attempted to compensate the victim.

Physical or Mental Impairment: If the juvenile lacked the ability to use appropriate judgment at the time of the offense; is mentally retarded, (based on IQ) lacks life skills and had these handicaps during his developmental time.

Limited Adjudication History: When the juvenile has few or no minor prior court interactions; a long time since previous referral or it’s been a long time since the offense occurred.

Age and Maturity of Offender: If the juvenile’s age and maturity level mean he didn’t fully understand what he was doing or the consequences of his actions.

Current Status: The juvenile is currently being treated or supervised.

Treatment Needs Exceed Need for Punishment: It’s better for the juvenile to receive treatment than to be put in detention.

Talk to a Utah juvenile defense attorney if you have questions about any case your child is involved in. It is important that your child’s Constitutional rights be protected by an attorney. You and your child will both benefit from the expert representation of a top Utah juvenile defense attorney.

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Overview of Utah Juvenile Court

Feb
28
Simms, on the topic of  Juvenile Court
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Today we’re going to give you an overview of what types of cases are handled in Utah juvenile courts and the rights of the youth in juvenile court.

Photo: Shockingly Tasty

Juvenile Court Cases

Kids who get into legal trouble over the following issues will likely have their case heard in juvenile court:

• Class A misdemeanors and Felonies
• Class B or C misdemeanors and Infractions
• Tobacco and Alcohol violations
• Any other infractions or misdemeanors specified by juvenile court judges
• Curfew
• Class B misdemeanors or traffic violations (for kids under 16)
• Boating laws
• Fish and Game laws

A Juvenile’s Rights

Kids do have rights in Utah juvenile courts. They include the right to:

• Appear in person to defend yourself
• Have a lawyer represent you or have one appointed to help you if you can’t afford to pay an attorney.
• Know what the state is accusing you of having done
• Not incriminate yourself
• A speedy trial and time to prepare for a defense
• Tell your own story and have witnesses tell their version of events
• Ask questions of people who are accusing you of wrongdoing
• An appeal; if you believe a higher court may not agree with the lower court’s decision to find you guilty

If you have more questions about either the types of cases handled in juvenile court or the rights of a child, it makes sense to contact a Utah juvenile defense attorney. Attorneys spend many years in school learning about the law and numerous hours throughout their careers continuing to enhance their legal knowledge in order to provide their clients with the best defense possible. Do your child a favor and talk to a Utah juvenile defense attorney today.

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CONSEQUENCES OF BEING CHARGED

Jan
01
Angela, on the topic of  Juvenile Court, Utah Law
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Although in the criminal justice system everyone without exception is considered innocent until proven guilty, there are consequences of merely being charged with a crime that can impact a person’s everyday life; such as employment and housing opportunities. A good attorney may be able to minimize some of the negative impact that comes along with being charged with a crime.

Even after you have had the case dismissed or have been acquitted, the mere fact that you were arrested may continue to impact your life because your criminal history will continue to reflect that you were arrested. In such a case, you are entitled to have your record expunged and it is highly advisable that you do so. Once your record is expunged, you are legally entitled to answer the question of whether you have ever been arrested or charged with a crime by saying no.

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State of Utah Juvenile Sentencing Guidelines’ Aggravating Factors

Dec
27
Simms, on the topic of  Juvenile Court
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The state of Utah has a list of juvenile sentencing guidelines that may be followed by a juvenile court judge, although there is no requirement that he do so. The sentencing guidelines do not mean that a juvenile should have specific expectations of how his case will be handled.

In conjunction with the guidelines is a list of aggravating factors that may be taken into account when a juvenile court judge imposes a juvenile’s sentence.

Aggravating Factors

The impact of the offense on the victim and the community

• When there is a distinct showing of callousness and cruelty on the part of the offender
• Substantial monetary loss
• Significant physical or psychological injury to victim
• Previous offense against same victim
• Knowledge of victim’s vulnerability

Previous Violent Delinquent Conduct

• Prior history of violent, delinquent conduct

Substantial Juvenile Court History

• Multiple adjudications for same or similar offense
• Large number of previous offenses
• Court has decided juvenile is delinquent

Need for Outside Treatment

• Juvenile requires treatment that cannot be offered on an in-home basis

Requirement for Secure Confinement

• Juvenile presents a danger to the community requiring a secure placement

Lack of Remorse

• Juvenile shows complete lack of remorse, acceptance or responsibility for offense

Supervision to Monitor Restitution

• Extra supervision time is required to keep track of the juvenile’s restitution responsibilities

Lack of Adherence to Lesser Consequences

• Juvenile doesn’t comply with probation; is in contempt of court, etc.

Doesn’t Attend or Participate in School or other Programs

Involved in a Gang

Juvenile court experiences can be confusing enough without trying to understand the ins and outs of sentencing guidelines. If you have a child involved in the juvenile court system, it would be prudent to contact a Utah juvenile defense attorney who has a reputation for helping kids who are in tight spots.

Do yourself and your child a favor; contact an attorney today.

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Expungement of Utah Juvenile Court Record

Nov
29
Simms, on the topic of  Juvenile Court
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There are times when a person with a Utah juvenile court record may wish to apply for expungement of that record. Having your record expunged means that you petition the court to either destroy or seal your juvenile court record, making the record unavailable to either state or federal officials. A benefit of expungement is that you don’t have to worry about mistakes that you made as a youth “follow” you throughout adult life.

Photo: Harris Walker

Qualifications to Apply for Expungement

Two things must have happened before you can apply to have your record expunged:

• You must be 18 years old
• One year has to have passed since the date the juvenile court terminated jurisdiction over you or since you were unconditionally released from the custody of Juvenile Justice Services

The person applying for expungement must also provide the court with documentation related to the offense and a copy of the original criminal history report from the Bureau of Criminal Identification, as well as send a copy of his expungement petition to the pertinent county or district attorney.

What Rules Must the Court Follow?

A hearing will be set by the court and people with applicable information about the person requesting expungement may be allowed to testify, such as the county attorney and victim.

Before granting an expungement request, the court considers the person’s rehabilitation efforts, current behavior and the nature and seriousness of the original misconduct, amongst other issues.

There are situations that will impede a person’s request to have his records sealed, including:

• Aggravated murder
• Murder

Request Assistance from a Utah Juvenile Defense Attorney

If you desire to have your or your child’s Utah juvenile court record expunged, it would be prudent to contact a Utah juvenile defense attorney. Allowing an attorney to help you understand the procedures involved may make you and your child’s experience much more successful.

Call a Utah juvenile defense attorney if you have any questions or concerns about a juvenile matter you or your child is involved with.

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Utah Juvenile Court Appearance Rules

Oct
18
Simms, on the topic of  Juvenile Court
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There are several rules concerning the appearance of juveniles and guardians in a Utah juvenile court. There are consequences if you or your child choose to not attend court when requested.

Avoiding a Bench Warrant

One potential problem you face is that a bench warrant may be issued. A judge can request a bench warrant for many situations, including failure to appear in court.

When a juvenile is required to appear in court, his parent, guardian or other person who has legal custody must also be in attendance unless excused by the judge.

Give Your Employer Notice of Court Date

If you have to go with your child to a Utah juvenile court, your employer has to allow you the time off, though not necessarily with pay, as long as you give appropriate notice.

If you have signed a written promise to appear in court with a minor and you don’t show up, you can be arrested and charged with a misdemeanor. That misdemeanor charge will be handled in the appropriate district court setting.

Who Is a Guardian Ad Litem?

When neither a parent nor a guardian go with their child to court, the juvenile court judge may appoint a guardian ad litem. A guardian ad litem is (usually) an attorney who is employed by the state whose responsibilities include protecting the interest of a child.

An arrest or bench warrant may be issued for any parent, guardian, other custodian or minor when:

• A summons is issued but can’t be served
• The court can tell that the person to be served won’t obey the summons
• Serving the summons won’t have any effect
• The welfare of the minor is at stake and it’s imperative that the court take immediate custody

Talk to a Utah Juvenile Defense Attorney

Don’t wait to contact a Utah juvenile defense attorney if your child is facing any charges in Utah juvenile court. It is in your child’s best interests to have legal representation by an attorney who has experience handling kids’ court cases. Make the right phone call today.

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Certification of Utah Juvenile as Adult

Oct
04
Simms, on the topic of  Juvenile Court
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There are several factors which a juvenile court judge must consider before agreeing with the certification of a Utah juvenile as an adult.

Photo: David Amsler

Questions a Judge will Consider

• The seriousness of the offense, and whether or not the public is best served by having the Utah juvenile remanded to a facility other than one offered by juvenile justice services

• If the crime committed by the juvenile could be charged with enhanced penalties if it had been committed by an adult, particularly if the crime involved two or more people or was gang-related

• Whether the alleged offense was committed in an aggressive, violent, premeditated or willful way

• Was the crime committed against a person or property—with more concern placed on a crime against a person

• The maturity level of the minor, taking into account the minor’s home, emotional attitude, environment and way of life

• The Utah juvenile’s previous record and history

• How likely rehabilitation could be if the juvenile were taken care of at a Utah juvenile facility

• If other juveniles involved are being charged and tried in a district court

• Whether a firearm was used during the commission of the crime

• If the Utah juvenile possessed a dangerous weapon on or around school grounds

Juveniles Going Through District Court Process

Once a juvenile’s case has been transferred to district court, the rest of the proceedings—including sentencing—will be handled by that court. If a Utah juvenile is found not guilty, acquitted or has his charges dismissed in district court, he will then return to the jurisdiction of the juvenile court system (for any further incidents).

Contact a Utah Juvenile Defense Attorney

It is wise to consult with a Utah juvenile defense attorney if your child is being charged with any crime, regardless of the nature of the court. You don’t want to take chances when it comes to the welfare of your child, and an experienced Utah juvenile defense attorney can help with any legal questions or problems. Make the right choice and call a juvenile defense attorney today.

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Juvenile Court 2012 Community Report

Sep
27
Simms, on the topic of  Juvenile Court
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Each year the Utah Juvenile Court system prepares a community report to update Utah citizens about how things are progressing in the juvenile legal system. Since the juvenile court system is primarily concerned with helping kids, victims and reducing the rate of re-offending, the information contained in the community report is used to track how kids are doing in our state.

Photo: Bree Bailey

Juvenile Court Referrals

Juveniles can be referred to juvenile court by different agencies including the police and schools. Delinquency referrals can be for:

• felonies
• misdemeanors
• contempt of court
• status
• infraction
• traffic offenses

The community report notes that the majority of referrals to juvenile court in 2011 were for misdemeanors or contempt offenses. Felonies accounted for just 6% of the delinquency referrals. Felony referrals in 2011 were 5.8 per 1000 juveniles (ages 10-17), which is a slight decrease from the previous year.

Keeping Track of Re-Offenders

Another part of the community report discusses re-offending. Among male juveniles in 2009, 64% didn’t re-offend while for females in the same year, 73% weren’t re-offenders. One of the main goals of the juvenile court system is to help kids not commit crimes again.

Drug Testing

Drug testing is an additional gauge used to see how kids are doing. In 2011, 83% of females tested negative for drugs—a decline from 2010. Males, on the other hand, went from 81% testing negative to 82% testing negative for drugs.

Restitution for Juveniles

Restitution can be a requirement for some offenders in juvenile court. In 2011, $795,000 was repaid to victims of juvenile offenses. Having people, whether kids or adults, give back positively to victims of their crimes can be a good way to help everyone see that crime truly doesn’t pay.

Juveniles should generally be treated as such, which is why it’s good to know there are some people watching out for the rights of kids. In the same vein, it’s vital that your child be represented by a qualified, experienced Utah juvenile defense attorney if he is ever involved with the juvenile court system. An attorney can be a valuable resource and defender for a child in the court system, regardless of the charges he’s facing.

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

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Juvenile Judges Have Discretion

Aug
30
Simms, on the topic of  Juvenile Court
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A teen recently got a taste of the discretion held by Utah juvenile judges, when her punishment was tailored to fit her crime.

Photo: juliejordanscott

Give That Girl a Haircut

The 13-year-old girl and a younger friend opted to reach outside their boundaries and give a 3-year-old at a local fast food restaurant a haircut—without permission. When the teen and her mother appeared in juvenile court sometime later, the judge doled out the punishment: 30 days in detention and nearly 300 hours in community service. However, the judge offered to shorten the community service time if the teen’s mother would cut her daughter’s hair, right then and there.

The girl’s mom agreed and took scissors to her ponytail, giving the teen a cut she wouldn’t receive from any hairstylist.

Regret

The mother later changed her mind, though, deciding that the consequence of her daughter’s having her hair cut was too much. (Thirty days in detention and hundreds of hours of community service didn’t seem to be a problem.) Apparently the mom has filed a complaint against the juvenile court judge.

Juvenile Judges Can Use Latitude

What do you think? Was the judge too harsh or did the punishment truly fit the crime? The Utah Code gives juvenile judges a great deal of latitude in deciding which punishments to hand out to kids, but that doesn’t mean juvenile judges are without fault or always make the best decisions. They are, after all, only human.

Make Sure You Know Your Rights

In this case the mom noted that she didn’t have an attorney and wasn’t aware of her legal rights. This is why you should always consult with a Utah juvenile defense attorney if your child becomes embroiled in any legal troubles. An attorney can help you and your child determine the best course of action and when to accept or decline recommendations from the court or law enforcement. Make the right move and contact a Utah juvenile defense attorney today.

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