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Home Detention for Utah Juveniles

Feb
16
Simms, on the topic of  Juvenile Defense Misc
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If you have a child facing home detention as ordered by a Utah juvenile court judge, here are answers to some questions you may have.

How Long is Home Detention?

If a child meets certain qualifications, he may be ordered to serve his detention at home as opposed to a locked detention facility. A judge will decide the length of your child’s sentence in home detention; it could be as long as 30 days.

Can My Child Go Anywhere With Me?

Your child can go anywhere with you (the parent). However, if you plan to go out-of-state you must receive permission from a judge.

May My Child Have Friends in the Home While in Detention?

Your child may have 1 or 2 friends who are positive influences visit them in your home. You are expected to supervise such visits and approve any friends prior to their visit.

Can My Child be Taken to a Relative’s Home for Supervision?

Your child may visit a relative’s home if his case manager or home detention counselor authorizes the temporary arrangement.

Is My Child Allowed to Drive Himself to Work While on Home Detention?

It depends on the charges against your child, his attitude and his behavior. Your child must also possess a driver’s license.

Can an Older Sibling Supervise My Child?

No. A parent must supervise a child who is under Home Detention.

Serving detention of any type will not likely be your child’s first choice. However, home detention is generally preferable to locked detention. If your child’s case is in process and you have not yet consulted a Utah juvenile defense attorney, don’t wait any longer.

An attorney can be your child’s advocate in all aspects of his or her court experience. Having an attorney represent your child may mean the difference between what type of detention he serves, if any. Do your child and yourself a favor by contacting a Utah juvenile defense attorney today.

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Utah Vandals Quote the Bible, Amongst Other Things

Feb
09
Simms, on the topic of  Juvenile Defense Misc
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Some Bible-quoting vandals recently struck in a northern Utah neighborhood, causing an undisclosed amount of damage to various properties.

Photo: Salim Virji

Messages Range From Spiritual to Obscene

The vandals, armed with green spray paint, weren’t feeling solely religious however. One woman’s home had a sexually obscene message spray painted on its garage door. The other vandalism took place on another private residence, two cars and an LDS church house.

What is Criminal Mischief?

Vandalism may also be referred to as criminal mischief. A person commits the crime of criminal mischief if he intentionally:

• Damages
• Defaces or
• Destroys

the property of another. Criminal mischief can result in vandals being charged with anything from a class B misdemeanor to a second-degree felony, depending on the circumstances surrounding the vandalism.

Graffiti Can Be a Favorite for Vandals

Graffiti is another form of vandalism. Graffiti can be:

• Printing
• Writing
• Spraying
• Scratching
• Affixing or
• Inscribing

anything on any surface without the owner’s permission. Graffiti also ranges from a class B misdemeanor to a second-degree felony depending on the cost of property damage. For example, if the damage caused amounts to less than $300, it would be a class B misdemeanor. On the other hand, property damage over $5000 would be a second-degree felony. Vandals who resort to using graffiti can face both financial and criminal penalties.

Let a Utah Juvenile Defense Attorney Represent Your Child

If you have a child who has been charged with any criminal activities, it is important to consult a Utah juvenile defense attorney. Let an experienced attorney guide you through the challenging court system, instead of trying navigate it on your own. An attorney can help you have some piece of mind while you are supporting your child through a difficult time.

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Division of Juvenile Justice Services, Part 2

Dec
22
Simms, on the topic of  Juvenile Defense Misc
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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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Why Kids Join Gangs

Nov
25
Simms, on the topic of  Juvenile Defense Misc
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Kids join gangs every day in the United States, and Utah isn’t immune. There are many reasons kids join gangs, and just as many reasons to keep kids out of gangs.

Photo: boliston

Some Reasons Kids Join Gangs:

• Acceptance—Who doesn’t want to be accepted? Most people want to feel that there are others who like them just for who they are. Gangs will accept your kids for any reason.
• Peer pressure—Every kid feels peer pressure, whether it’s to have the right clothes or be like their friends. The pressure a gang puts on a person can be relentless. A gang has no reason to give up on pressuring your child to join them.
• Curiosity—Have you ever done anything purely out of curiosity? There are a lot of people—kids included—who try something just to see what it’s like. It can be smoking pot or joining a gang, if the individual isn’t given a better option.
• Feeling of Importance—People like to feel important. Some people might join a gang to increase their feelings of being able to be in charge or boss people around. Unfortunately, that can result in criminal activity, too.

Reasons to Keep Kids Out of Gangs:

• Education—Your child’s opportunities to increase his education will dramatically increase if he’s not affiliated with a gang. There aren’t too many gangs that place much importance on a college education.
• Freedom—Gangs are usually involved in some type of criminal activity. Let your kids know that their personal freedom is at stake when they are involved with a gang.
• Finances—There are times when you don’t want to share your wealth. Kids should be able to have a job that allows them to keep their paycheck. Stealing and splitting the ill-gotten gain isn’t the way to financial success.

Keep in touch with your kids. Know their friends and what they do in their spare time. You can have a lot more influence in your children’s lives if you start when they’re young. Just because some kids join gangs doesn’t mean your kids have to.

If you have a child who needs legal help, don’t wait until it’s too late. Call a Utah juvenile defense attorney who will understand the needs of children and who can help you navigate the juvenile justice system in Utah.

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Utah’s Juvenile Court System Working to Help Troubled Youth

Nov
17
Brooke, on the topic of  Juvenile Court, Juvenile Defense Misc
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The Juvenile Court is a court of special jurisdiction and includes 28 full-time judges and one commissioner. Like the District Court, it is broken up into different districts based on Utah geography and services those living within the respective districts.
The Juvenile Court has exclusive original jurisdiction over youths, under 18 years of age, who violate any federal, state or municipal law, and any child who is abused, neglected or dependent. The court has the power to determine child custody, support and visitation in some circumstances; to permanently terminate parental rights, and to authorize or require treatment for mentally ill or retarded children. The court may also place children under the supervision of the court’s probation department; place children in the custody or care of foster homes, group homes, special treatment centers, or secure institutions. The Court works closely with the Office of Guardian ad Litem on cases involving abuse, neglect or dependency. The Court may also require children to pay fines or make restitution for damage or loss resulting from their delinquent acts. It also has jurisdiction over habitual truants, runaways and ungovernable youth if efforts by other social service agencies are not successful.
In addition, the Court has exclusive jurisdiction in traffic offenses involving minors related to automobile homicide, driving under the influence of alcohol or drugs, reckless driving, joy riding, and fleeing a police officer. It has concurrent jurisdiction with the District and Justice Courts over adults contributing to the delinquency and neglect of a minor.
There are certain factors which place a juvenile at higher risk of coming into contact with the Juvenile Court. These factors include:
• Parental Rejection
• Level of parent-child involvement
• Lack of parental supervision
• Stressful marital relations
• Parents criminal activity
• Authoritarian child rearing attitudes
• Harsh/lax/inconsistent discipline practices
• Low emotional attachment
• Low parental education and income
• Poor family functioning
• Poor monitoring and supervision

As a parent you can watch for signs that your child may be having problems. Signs to watch for are:

• Disregard for rules, responsibilities
• Refusal to go to school
• Drugs,
• Stealing or theft
• Emotionally unstable behavior

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Juvenile Public Intoxication in Utah

Nov
04
Simms, on the topic of  Juvenile Defense Misc
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Utah courts have specific consequences for minors who are found guilty of juvenile public intoxication, in the hopes that knowing the consequences will deter Utah kids from drinking alcohol.

Photo: uberphot

When a minor who is 18-20 years old is guilty of violating the public intoxication statute, the court shall suspend the minor’s driving privileges. The word ‘shall’ doesn’t leave a judge an option of suspending the driving privileges. The automatic suspension of driving privilege is one year, but the court may reduce the time of suspension if the public intoxication violation is the minor’s first violation of the statute and if the minor completes an educational series.

If, however, the minor has already violated the public intoxication statute one or more times, the court shall order the minor to participate in an educational series and may order the person to participate in a screening. A screening is used to determine if the minor needs an assessment or educational series. An assessment occurs when a minor has a detailed interview with a licensed mental health therapist. The assessment may help find out if a minor needs further help from a substance abuse treatment program.

A minor who is aged 13-17 and is guilty of public intoxication will also have his driver’s license suspended. If he isn’t old enough to have a driver’s license, he will not be able to get a license or learner’s permit until one year after he is eligible for the license or permit.

Let your teenager know that drinking alcohol may keep him from getting his license or permit on time, or even take away his driving privilege if he already has a license. No one wants to have their independence curbed by not being legally able to drive, especially a teen.

If your child is in trouble with the law, whether over juvenile public intoxication or some other matter, talk to a Utah juvenile defense attorney immediately. Getting your child an attorney doesn’t necessarily get him off the hook for any crimes he may have committed, but it will make sure he’s treated fairly by the juvenile court system.

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Gangs in Utah are Alive and Well

Oct
24
Brooke, on the topic of  Juvenile Defense Misc, School, Utah Law, Violent Acts
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         It may seem as if Utah does not have a gang problem because gangs are not as visible as they once were but this could not be further from the truth. At any given time, Salt Lake City has more than 50 active documented gangs with memberships reaching 3,000.

Gang life can be very attractive to Salt Lake’s youth many who enter a gang in their early teens in order to gain the acceptance they may be lacking in other areas of their life. There are several ways to enter a gang. One can be born into the life, jumped in or commit a crime in order to gain membership. One of the crimes frequently committed to gain membership is home invasion robberies carrying with it serious legal consequences for the individual and threat of harm to the innocent home owner.

According to the FBI, warning signs of gang membership include admitting to being in a gang, hanging out with know gang members, declining school attendance, performance, behavior, withdrawing from family life, carrying a weapon, displaying unusual hand signals with friends and trouble with the police.

Although gangs can attract members from all socio-economic backgrounds, the Salt Lake Metro Gang Utah indicates that many are coming from the Tongan community with a Tongan gang ranking third largest in the area. Recently six Tongan Crip Gang members were convicted in U.S. District Court on racketeering, assault, carjacking and weapons charges stemming from a series of robberies spanning five years.

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Juvenile Court Legal Terms

Oct
21
Simms, on the topic of  Juvenile Defense Misc
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Photo: Jo Naylor

Having a knowledge of frequently used legal terms can be very useful to anyone involved in the court system in Utah. You may not always know why something happens a particular way, but at least you will understand what the judge and attorneys are talking about. Knowing legal terms will also help you communicate more effectively with your Utah juvenile defense attorney.

Adjudication: This is giving a judgment or decree, or rendering of a decision on a matter before the court.

Arraignment: This is the first hearing before a judge after a petition has been filed. The juvenile will be asked whether the charges brought against him are true or false, and then he will be asked to give his plea.

Arraignment Waiver: This form allows the juvenile to bypass the arraignment and go directly to the pretrial.

Citation: A citation is issued by law enforcement and tells the juvenile where and when to be to give their answer to the charge(s) against them.

Contempt of Court: An act of disrespect to the court or failure to obey the court’s rules or orders. A contempt of court charge may come with a 30-day penalty in detention for a juvenile.

Delinquency: When a juvenile commits an illegal act.

Dispositional Report: The juvenile probation department or other appropriate agency will submit this written report to the judge to assist him in determining a proper disposition.

Expungement: If a juvenile reaches a certain age or a particular period of time has passed and the juvenile has not committed another illegal act, his or her records may be destroyed or sealed.

Intake Officer: A probation officer employed by the court who evaluates the juvenile and determines if the juvenile should be brought before a judge or sentenced nonjudicially.

Non-judicial Agreement: This agreement is between the juvenile, his parent and the intake officer. It stipulates that no petition will be filed with the court if the juvenile admits to the charges and fulfills his end of the agreement.

There are several more legal terms which will be covered in our next blog entry. Keep in mind that knowing legal terms is not a substitute for a qualified Utah juvenile defense attorney. Remember that your attorney has been educated and received on-the-job training in order to provide your child with the best defense possible. Allow your attorney to do his job and concentrate on doing what is best for your son or daughter.

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Juvenile Court System: An Overview

Oct
20
Brooke, on the topic of  Juvenile Court, Juvenile Defense Misc
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The Juvenile Court has exclusive jurisdiction over cases involving minors under 18 years of age who violate federal, state or local laws including boating or traffic offenses if the minor is less than 16 years of age. If the juvenile in question is a licensed driver and commits a traffic offense their case will be heard at the municipal court where the offense occurred.

The juvenile court has the authority to issue search warrants, subpoenas or investigative subpoenas in all criminal juvenile cases.

A juvenile court proceeding is initiated by the filing of a petition (charging document). A preliminary inquiry is performed by the probation department and filed with the court. The juvenile is then required to appear before the court for a delinquency hearing. Parents or legal guardians of the juvenile must be present at this hearing unless previously excused by the judge. If a parent or legal guarding does not appear then a Guardian ad litem will be appointed if the welfare of the juvenile is in question.

Although the charges may be criminal in nature the case shall be regarded as civil. What that means is that if convicted, the conviction is not considered a crime however prior juvenile convictions of theft, DUI, drugs and domestic violence can be used for the purpose of enhancements in subsequent cases.

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Division of Juvenile Justice Services, Part 1

Oct
14
Simms, on the topic of  Juvenile Defense Misc
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What Does the Division of Juvenile Justice Services Do?

They provide intervention, supervision and rehabilitation programs for youth offenders. There are four offices within the Juvenile Justice Services:

• Early Intervention Services
• Community Programs
• Correctional Facilities
• Rural Programs

People Responsible for Youth in Juvenile Justice Services Care

• Case Manager
Any youth in Juvenile Justice Services custody will be assigned a case manager. The case manager has specific duties: assess the youth; locate residential placement for the youth and develop an individualized treatment plan; monitor the youth’s progress and notify court and family of progress or problems.
• Youth Parole Authority
Has the jurisdiction of the youth after he or she is put into Secure Care.
• Juvenile Court Judge
Presides at court hearings, makes important decisions and makes orders concerning the youth’s court case. All cases have review hearings.
• Parents/Guardians
Retain some residual rights after youth is placed under court custody. These rights include: responsibility for support; consent to adoption; determine youth’s religious affiliation; reasonable visitation and in some cases can consent to medical treatment, marriage and enlistment in the armed forces.

Obtaining Custody of a Youth

A juvenile court judge has to remand a youth to JJS custody for Observation and Assessment, Community Placement or Secure Care.

After Custody of Youth is Turned Over to Juvenile Justice Services

Photo: Avlxyz

When a judge orders Secure Care, a youth will be assigned to one of the Secure Care facilities located within Utah. Youth may remain in Secure Care until they are 21 years old, unless they successfully meet their treatment goals and are granted early release by the Parole Authority.

If a judge orders Observation and Assessment, the youth will be assessed for 45 days. After all assessments are made, the JJS will make appropriate recommendations to the juvenile court judge.

If Community Placement is ordered, a case manager reviews and then assigns a youth to a residential, community-based program that will address those needs. Progress is monitored and recommendations are made to the judge.

The Difference Between Juvenile Justice Services and Probation

Probation is handled by the Juvenile Court and supervises juvenile offenders in the community. Youth who are on probation are not in the custody of the state.

Having a child in the Juvenile Justice system can be confusing. Don’t hesitate to contact a Utah juvenile defense attorney who can answer your questions and provide you the legal support you need.

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