Archive for the ‘School’ Category

Prank Call About Gunman Lands Utah Teen in Trouble

Simms, on the topic of  School
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A Utah teen is in custody following a prank call incident that sparked the lockdown and removal of kids at three northern Utah schools.

Photo: Tulane Public Relations

The 13-year-old was arrested and may face charges for making a terrorist threat, a third degree felony, by placing a prank call about a gunman at school. Dozens of police officers in Davis County were on the scene as North Davis Junior High was placed on lockdown and searched. Once law enforcement determined that there was no gunman on the premises, they turned to look for the person(s) responsible.

Based on tips from several students, the 13-year-old was identified as the one who made the phone call. No one was physically injured at the junior high or the other two schools, a high school and an elementary.

Threat of Terrorism

A person may be guilty of threat of terrorism if he threatens to commit certain types of offenses involving the use of a weapon of mass destruction or a hoax weapon of mass destruction. He may also be guilty of the same crime if he acts with intent to:

• intimidate or coerce civilians
• influence or affect government
• prevent or interrupt people in a public building
• begin an emergency service crisis

Someone who does any of the above cannot use the defense that he couldn’t or wouldn’t carry out the threat. Additionally, a person who makes threats like these is liable for the monetary damages/costs incurred during the event.

Prank Calls Can Be Trouble

Making a prank call today can be very serious, particularly when the police become involved. We don’t know what led this young man—if he was the one—to make the phone call, but the best way to help him is to make sure he has a good Utah juvenile defense attorney on his side.

If your child is facing legal charges, don’t wait to talk to an attorney. Kids need legal assistance just as much as adults.

Utah Teen Arrested After Divulging Hit List

Simms, on the topic of  School
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A 14-year-old has been arrested after one of his teachers noticed what he considered strange behavior by the Utah teen.

Photo: Brendan DeBrincat

The young man, who claims he’s been bullied, had a “hit list” with several names on it in his possession at school. He allegedly planned to stab the people on his list, but police noted that he didn’t have a knife on him when he was arrested.

The Utah teen is being investigated for six counts of harassment and six counts of making threats against life or property—misdemeanors. After being booked into juvenile detention, he was released into the custody of his parents.

Harassment can be charged in Utah if a person, intending to frighten or harass someone else, communicates a written or recorded threat to commit any violent felony. Harassment is a class B misdemeanor.

A person is only justified in threatening force against another person if he reasonably believes that threat is necessary to defend himself or someone else against another’s use of imminent force. In other words, if Bill threatens to assault Joe and his friend Mike with a baseball bat, Joe is entitled to threaten to punch Bill if he attempts to use the bat.

Interestingly, the city police chief stated that this Utah teen has been bullied but feels he’s been a bully as well. It looks like there needs to be some investigation into what’s going on with some of the students at that school.

Talk to a Utah juvenile defense attorney if your child has been arrested or is being investigated for any offense. It’s important that the entire story be told and not just from the point of view of the alleged victims.

School Board Discusses Random Drug Testing

Simms, on the topic of  Drugs, School
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Should high school students be subjected to random drug testing? That’s a question the Davis Board of Education is considering saying “yes” to.

Photo: Francis Storr

A vote among school board members came out with five members voting for and two against the preliminary random drug testing policy. The policy would allow every high school within the Davis County boundaries to randomly test five students each week for a variety of substances.

Which Students Would be Tested for Drugs?

According to reports, the drug testing policy was requested by school administrators and parents. As currently written, the random drug testing would affect student government officers, student athletes and cheerleaders. If given final approval, the policy will go into effect next year.

Although there wasn’t a lot of opposition at the recent school board meeting, once people get a chance to consider the concept more fully it will be interesting to see whether the random drug testing policy is easily approved or if there are more people who speak out against the potential governmental intrusion into their kids’ personal lives. After all, children have rights, too—as far as we know.

Do You Have an Opinion on this Issue?

What’s your opinion on random drug testing of high school students? Also, do you think it makes sense that only the athletes, cheerleaders and student leadership will be tested? Maybe there are some more questions that should be answered before a final decision is made. If you have concerns either way about this issue, don’t wait to contact the Davis School Board.

Kids Need Legal Representation Too

You should know that if your child ever ends up in legal trouble there are excellent Utah juvenile defense attorneys available to help him. It doesn’t matter whether his problems are drug-related or a different offense. One of the best ways to help your child is to talk to a Utah juvenile defense attorney today.

Reasons For Suspensions and Expulsions from a Utah School

Simms, on the topic of  School
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Kids attending a Utah school can be suspended or expelled for a variety of reasons, although they may not necessarily be charged with a crime at the same time—that would depend on law enforcement and local prosecutors.

Photo: Alex Bellink

Reasons for Being Suspended from School

If your child does any one of the following, he may not be allowed to return to school:

• Frequent or flagrant willful disobedience
• Defiance of proper authority
• Disruptive behavior, which may include using foul, vulgar, profane or abusive language
• Willful destruction or defacing of school property
• Behavior or threatened behavior which poses an immediate and significant threat to the welfare, safety or morals of other students or Utah school personnel or to the operation of the school
• Possession, control or use of alcohol
• Behavior which threatens harm to the school or does harm to the school or school property, to someone associated with the school or that person’s property, no matter where the harm or threat occurs
• Possession or use of pornographic material on Utah school property

Additional Reasons for Suspension or Expulsion

A student shall be expelled or suspended for doing any of the following:

• A serious violation that affects another student or staff member, occurs in a school building, occurs in or on school property or in relation to any school activity, including
• Possession, control, use or threatened use of a real weapon, explosive, noxious or flammable material
• The actual use or threatened use of an item that looks like a weapon with the intent to intimidate someone or disrupt Utah school activities
• Drug-related sales, use, etc.
• Commission of an act using force or threatening use of force which would be a felony or class A misdemeanor if committed by an adult

Let an Attorney Help You

Kids who are expelled or suspended from a Utah school for any law enforcement-related offense will benefit from the legal services of an experienced Utah juvenile defense attorney. Utah school officials undoubtedly do their best to provide for the safety and welfare of all students, but some kids need and deserve extra help when they are facing juvenile offense charges. Do the right thing for your child by contacting a Utah juvenile defense attorney today.

Utah Kids Suspended Following Provo Drug Scheme

Simms, on the topic of  Drugs, School
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Several Utah kids have been suspended from elementary school, and one arrested, following a police investigation into a drug scheme that may have been organized by the juvenile who was arrested.

The juvenile arrested is an eighth-grader from a local middle school. Authorities believe that he would purchase marijuana from another individual and then pay the other kids—sixth graders—to pick up the drugs. Police think that the drug dealer lives somewhere near the elementary school attended by the younger kids.

The sixth-graders were all suspended from school; the older child heading up the drug scheme was suspended and arrested. He is being investigated for drug distribution and over 150 counts of child endangerment, all of which are class A misdemeanors.

Offenses in Juvenile Court

In an adult court, every class A misdemeanor charge comes with the potential penalty of up to one year in jail. Unless the child in question’s case is transferred to district court, he will be under the purview of the state’s juvenile justice system where his actions will be treated more as offenses then crimes, although he may still spend time in a detention facility if a juvenile judge deems it appropriate.

Although this incident may be a bit surprising, local school officials seem to think it is an isolated situation and not a sign of bigger drug problems in the elementary school system. Hopefully that is the case.

Discuss Your Child’s Case with a Utah Juvenile Defense Attorney

When you have a child who has been arrested, whether for drug-related charges or something else, you should seriously consider contacting a Utah juvenile defense attorney. Kids who have committed offenses need and deserve help, particularly legal assistance. Do your child a favor and talk to a top Utah juvenile defense attorney today.

Utah School Kids and Weapons

Simms, on the topic of  School
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There were two separate incidents this past week concerning Utah school kids and weapons on school properties.

Photo: Mauro Cateb

Teens at Cyprus High

In one situation, four Cyprus High School students were arrested for possessing dangerous weapons on school property. The four teens were discovered allegedly skipping class and in possession of pocketknives and/or brass knuckles. Police noted that the boys had not hurt or threatened anyone, but do have gang connections. They were arrested and will likely be suspended and may be sent to other schools.

Legal Definition of Dangerous Weapons on School Property

According to the state code, no one—including Utah school kids—is allowed to be in possession of any dangerous weapon, firearm or sawed-off shotgun on or around school properties. Possessing a dangerous weapon on or about school premises is a class B misdemeanor. If you decide to take a firearm or sawed-off shotgun onto school property, you’ll probably be charged with a class A misdemeanor.

There is an exception to the above law. Someone, such as a school resource officer, who is authorized by the school administrator or who has a legal right to carry such a weapon can be excluded.

Youth Carries Gun to School

In another incident, an 11-year-old boy showed up at school with a gun and allegedly threatened other students. He was also arrested and will likely be sent through the juvenile court system.

Violence in Utah is nothing new, but it can be frustrating to see Utah school kids armed with weapons. One of the best ways to help a child who’s been put into the juvenile justice system is to make sure that he is represented by a top Utah juvenile defense attorney.

Helping Utah School Kids

Contact an attorney who has a reputation for helping and defending his juvenile clients. The right Utah juvenile defense attorney may make the positive difference in your child’s case that puts him on the right track.

American Teens and Drug Use

Utah Criminal Defense Attorney, on the topic of  Drugs, Juvenile Court, Juvenile Defense Misc, School
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Attribution: compujeramey

Columbia University does an annual survey of American kids from ages 12 to 17 to track the prevalence of drugs in high schools. This year, the participants responded that 17% of their classmates are using drugs, drinking, and/or smoking during the school day. There were other interesting findings. The study showed that kids are more likely to have tried drugs, alcohol, or tobacco if they view pictures of other kids using alcohol and/or drugs on social networking sites like Facebook. Also, younger teens were found to have easier access to (within an hour to get) prescription medication than marijuana. This marks the sixth straight year that 60% or more of the surveyed students reporting that their “high schools are drug infected, meaning that drugs are used, kept or sold at the schools.” Columbia High School Study.

As the drug presence in schools increases, it’s important for parents, teachers, and community leaders to take preventative measures with the youth they supervise to prevent these behaviors. For those families already dealing with these issues in the juvenile justice system, it can be difficult to determine how to act in a child’s best interest. A Utah juvenile defense attorney can help these families navigate the variety of rehabilitative options available, such as juvenile drug court programs or other substance abuse treatment options, so the youth has the optimal environment and opportunity for success. If you and your child are dealing with the juvenile justice system, for drugs or otherwise, contact an experienced juvenile defense attorney to help both you find the best solution for your family

Utah School Harassment Policies

Simms, on the topic of  School
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With summer winding down and the start of a new school year upon many Utah families, we thought it would be appropriate to review what is prohibited as far as Utah school harassment policies are concerned.

Photo: Justin See

Utah Law on Harassment and Bullying

The law states that no student or school employee may engage in harassing or bullying another school employee or student in the following circumstances:

• On school property
• At a school related or sponsored event
• On a school bus
• At a school bus stop or
• While the individual is traveling to or from any of the above-mentioned locations or events

Hazing and Cyber-bullying are Prohibited

Hazing and cyber-bullying by a school employee or student are prohibited under all circumstances. Additionally, if someone makes an accusation of bullying, cyber-bullying, harassment or hazing, he had better be telling the truth and he cannot be retaliated against by another individual. Both retaliation and lying are prohibited.

Someone who is bullied, cyber-bullied, harassed or hazed does have the option of seeking criminal or civil actions under Utah law.

Definitions

Bullying means that someone commits an act, fully aware that such act:

• Endangers the physical health of another person
• Involves physical brutality
• Involves consuming some type of substance
• Physically obstructs a person’s ability to move
• Is done with the intent to engender fear in the person

Cyber-bullying involves some type of device that allows the bully to hurt, threaten or embarrass an individual with reckless disregard.

Harassment includes repeated disparaging or demeaning communications to a person that contribute to a hostile learning or work environment.

Hazing can include the same things as bullying, except that hazing usually occurs in situations where a person is being initiated into a club or group.

If your child has been accused of bullying, cyber-bullying, harassment or hazing, it’s important to immediately contact a Utah juvenile defense attorney. Kids deserve to have someone on their side who can speak for them and protect them from incriminating themselves. Talk to a Utah juvenile defense attorney today.

Utah Teen Pleads Guilty to Manslaughter

Simms, on the topic of  School, Violent Acts
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A young Utah man who was just 16-years-old when he shot and killed a fellow Kearns High School student has pleaded guilty to a reduced charge of manslaughter.

Photo: kcds TM

The now 19-year-old has spent the last three years in custody while awaiting trial. His attorney and the prosecutors recently agreed on a plea deal, which includes a promise from the prosecution that they will recommend the manslaughter charge be reduced to a third-degree felony at the young man’s sentencing hearing in August. Manslaughter is normally charged as a second-degree felony. As part of the plea agreement, prosecutors dropped the other charges against the teen.

Reports indicate that the teenager may not have been trying to kill anyone when he fired his gun in the victim’s direction. Nevertheless, the suspect’s attorney agreed that a life was taken and his client was the one with the gun.

The defense attorney will not make a request that his client be credited for time served at the August sentencing. However, he is free to ask the Utah Board of Pardons and Parole for that consideration.

This case is an excellent example of why all juveniles charged with a crime should be represented by a Utah juvenile defense attorney. The young man in question was facing a murder trial, and now will serve a maximum of five years in prison if the court grants the third-degree felony change request.

Everyone deserves legal representation and kids are no exception. In many cases juveniles can make positive changes in their lives and don’t need excessive confinement. If your child is in legal trouble, take the time to contact a Utah juvenile defense attorney.

Cheerleaders Suspended After Hazing Incident

Simms, on the topic of  School
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Ogden High School cheerleaders were recently suspended from school following a hazing incident that involved several girls who are joining the cheer squad in the fall.

Photo: Richelle Antipolo

The cheerleaders who were suspended allegedly invited the incoming squad members to a home for a party which turned into an initiation. At some point, the newcomers were blindfolded and taken to a park where they were supposedly sworn at, called names and covered in a variety of condiments and other food items. Some reports state the possibility that urine was also thrown on the blindfolded girls.

The girls who were suspended missed their senior prom, as that day was included in their suspension from school. They were, however, allowed to return to school to take end-of-year tests. The school district’s spokesperson noted that charges could be filed against any of the cheerleaders who were 18 years old, should law enforcement make that choice.

Utah’s public school system has a policy prohibiting hazing, as well as bullying, cyber-bullying, harassment, sexual battery and sexual exposure. That policy also prohibits retaliation against a person who investigates or witnesses an incident that is prohibited. If someone is a victim of bullying, hazing, etc., he has the right to file a civil or criminal complaint.

Hazing has no positive effects on the people being hazed or the ones doing the hazing. If your child has been involved in hazing, bullying or any other crime, you should contact a Utah juvenile defense attorney immediately. Some kids just make mistakes that are simply errors in judgment, and if a court thinks otherwise, you want to have a legal expert who can plead your child’s case on his or her behalf.