Archive for the ‘Utah Law’ Category

« Older Entries

Juveniles Admit Committing Arson in Utah

May
16
Simms, on the topic of  Utah Law
0comment

Three kids have admitted to committing arson in Utah at a Magna LDS church by setting hymnbooks on fire.

Photo: Samuel M. Livingston

The fire was first noticed by a passerby Monday morning. When fire officials arrived, the building was filled with smoke. It’s believed that the kids entered the church house through a door that was either broken or forced opened. Damages appear to be at least $500,000.

In addition to being charged with arson in Utah, the kids may be charged with additional crimes—including burglary.

Definition of Burglary

Burglary in Utah is defined as:

• Entering or remaining unlawfully in a building with the intent to commit a felony, theft, assault, lewdness, sexual battery, lewdness involving a child or voyeurism.

Burglary is a third degree felony unless committed in a residence, in which case it’s a second degree felony.

What is Arson?

Arson in Utah can be charged if a person uses fire or explosives to intentionally damage any property for the purposes of committing insurance fraud or any property belonging to someone else. If you commit arson and cause damages of $5000 or more, you will be charged with a second degree felony.

There are several other lesser charges for arson; most depend on the cost of damages and whether or not someone is injured. Aggravated arson in Utah occurs when someone sets fire to a residence or a car or structure when someone not involved in the arson is inside.

Most kids are charged with offenses in Utah juvenile court; under some circumstances they may have their case moved to adult court and suffer penalties usually reserved for those over 18.

Because you don’t know what will happen with your child’s case, it’s important to have a Utah juvenile defense attorney represent your son or daughter from the beginning. Kids deserve to have qualified legal representation, too, and need it as much as an adult. Talk to an experienced Utah juvenile defense attorney today.

Tags: , , , , , , , , ,
Posted in Utah Law | No Comments »

Utah Teen Cellphone Use While Driving is Restricted

Apr
04
Simms, on the topic of  Utah Law
0comment

Governor Gary Herbert just signed House Bill 103, restricting teen cellphone use while driving to a minimum. Kids under the age of 18 can now only use a cellphone while driving in the following situations:

Photo: digitaljournal.com

• During a medical emergency
• When reporting a safety hazard or requesting assistance relating to a safety hazard
• When reporting a criminal activity or requesting assistance in relation to a criminal activity
• When communicating with a parent or legal guardian

What’s The Cost of a Violation?

Any teen who violates this section will be given an infraction and can be fined up to $25. House Bill 103 also notes that if a teen violates this section, the violation is not reportable. Additionally, kids who use a cellphone while driving and receive a violation under this law cannot have points assessed against their driving record.

What Do You Think?

Does this law go far enough? Does it seem fair to target teen drivers when there a lot of distracted adult drivers out on the Utah roads? According to research, teens make up just 8 percent of drivers but are involved in almost 25% of auto crashes.

Of course, there are a lot of lawmakers who probably wouldn’t be re-elected if they banned all cellphone use while driving, regardless of age. Also, receiving a $25 fine likely won’t be the teen cellphone while driving deterrent that officials hope it will be. In other words, this bill might not have any impact on unsafe driving while using a cellphone—for Utah teens or anyone else.

If you have a child that does get into trouble with the law, contact a Utah juvenile defense attorney immediately. The best way to help your child is to give them the best legal defense possible.

Tags: , , , , , , ,
Posted in Utah Law | No Comments »

Utah Juvenile Arrested for Park City Arson

Mar
14
Simms, on the topic of  Utah Law
0comment

A pair of suspected arsonists, one a Utah juvenile, has been arrested following a busy crime spree in Park City.

Photo: viZZZual.com

They’re Not Batman and Robin

The dynamic duo is believed to be responsible for starting a fire at the Park City Marriott hotel, followed by a burglarizing trip to the local high school and a condo in the city.

Investigators don’t know why the pair set the fire in an area of the hotel’s parking garage, but security video from the hotel helped identify one of the alleged criminals. The two people are being held while they’re investigated for arson, burglary and causing a catastrophe.

What Constitutes Burglary?

Burglary is normally a third degree felony unless it’s committed in a dwelling, in which case it’s a second degree felony. Additionally, a burglary is usually charged when a person enters or remains illegally in a building with the intent to commit some type of felony, a theft, assault, etc.

Causing a catastrophe can mean doing anything from using a weapon of mass destruction to being responsible for a fire, flood, avalanche or collapsing building. Since this situation probably doesn’t fit the weapon of mass destruction clause, the people responsible may be charged with a second degree felony or a class A misdemeanor.

Kids Often Deserve a Second Chance

We’ve previously mentioned on this blog that Utah law is designed to help rehabilitate juveniles if possible. In fact, a Utah juvenile is normally charged with an offense as opposed to a crime. Kids (and adults) sometimes do dumb things that require punishment but not confinement. That’s where an attorney comes in.

A Utah juvenile needs an attorney as much as a grown-up. If your child is in trouble with the law, talk to a Utah juvenile defense attorney today and get your kid’s case on the right track.

Tags: , , , , , , , , , , ,
Posted in Utah Law | No Comments »

Teen Texting While Behind the Wheel

Feb
14
Simms, on the topic of  Utah Law
0comment

Although Utah is not yet included, several states in the U.S. have placed legal restrictions on not just teen texting but also any use of a cell phone by a teenager while driving.

Last year in Connecticut, a 16-year-old girl was driving and possibly texting when she fatally struck a jogger. At the time of the incident, Connecticut had banned the use of cell phones by drivers under the age of 18. The teen was charged with several crimes, including: negligent homicide, using a handheld telephone while under age and driving in the wrong lane.

Prohibited Cell Phone Uses While Driving

So far, Utah hasn’t banned driver-use of cell phones completely, although teen texting (as well as texting by adults) while operating a car is prohibited. The only time a driver may use a cell phone is to:

• Make or receive a phone call
• Use global positioning or navigation services
• Get help in a medical emergency situation
• To report or request help for a safety hazard
• To report criminal activity
• Provide roadside or medical assistance

Tell your driving-age child that texting is against the law and be a good example by not indulging in a bit of texting-while-driving yourself. Nevertheless, we know that a lot of kids will ignore this good advice and do what they want; after all—nothing bad will happen because of a little teen texting, right?

Talk to a Utah Juvenile Defense Attorney

We’re here to help if your child has been arrested for teen texting. Kids make mistakes and deserve to be helped during times of crisis. Instead of trying to handle the Utah juvenile justice system on your own, talk to a respected Utah juvenile defense attorney who can advise your child and take care of his case, both in and outside the courtroom.

Tags: , , , , , , , , , ,
Posted in Utah Law | No Comments »

CONSEQUENCES OF BEING CHARGED

Jan
01
Angela, on the topic of  Juvenile Court, Utah Law
0comment

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.

Tags:
Posted in Juvenile Court, Utah Law | No Comments »

Utah Teen Arrested for Arson

Dec
06
Simms, on the topic of  Utah Law
0comment

A Utah teen was sent to a local youth detention facility after she allegedly committed arson at the junior high school she attends.

Photo: Erich Stussi

Footage from the school’s security system helped identify her, but her name has not been released to the public. The fire started in one of the girls’ bathrooms and caused the entire school to be evacuated until the fire was extinguished by the school’s principal. Fortunately, no one was injured.

When a Utah teen is arrested by law enforcement, he is usually considered to have committed an offense, not necessarily a crime. Except in more extreme cases, juveniles are not treated as adults—although juvenile judges do refer to Utah law when it comes to determining the type of offense committed by a Utah teen.

In Utah, a person is guilty of arson if he uses fire or explosives to illegally and intentionally damage the property of another person or with the intention to defraud an insurer. If the damage from an act of arson is or exceeds $5000, the charge is normally a second degree felony. The charge may be as low as a class B misdemeanor is the damage is less than $500.

If your Utah teen has been charged with committing an offense, don’t wait to contact a Utah juvenile defense attorney. Any child going through the Utah juvenile justice system needs and deserves expert legal representation, regardless of what they may have been charged with. Get your child the help that may make a long-term difference in his life; call a Utah juvenile defense attorney today.

Tags: , , , , , , , , , ,
Posted in Utah Law | No Comments »

Utah Juvenile Justice System

Nov
15
Simms, on the topic of  Utah Law
0comment

A young person who commits an offense and is arrested by police is automatically involved in the Utah juvenile justice system. There are certain processes which are then followed for each child in the system.

Photo: bloomsberries

The police have a few different options for handling kids who’ve been arrested. They may:

• Take the child to a receiving center
• Make a referral to Youth Services
• Take the child’s name and give them a warning

Additionally, a juvenile may be required to see an intake probation officer about his offense. The probation officer will then decide what further steps—if any—need to be taken.

If a juvenile is arrested and booked, he will have to go to regular detention or be assigned home detention, depending on the judge. It is mandatory that a child receive a detention hearing within 48 hours. This is different than a regular court hearing. A juvenile’s guilt or innocence is determined at a court hearing, as well as any punishments that are to follow. Some possible consequences include:

• Fines
• Payment of restitution to victims
• Probation
• Detention
• Work camp

Serious Utah juvenile offenders may be transferred to the jurisdiction of adult court.

If a juvenile is placed under the custody of juvenile justice services, he receives a case manager. Then, the child may be required to secure care, observation and assessment or some other type of community placement.

When a child goes to observation and assessment, he spends 45 days in that program before returning to court and final determination, or a decision on placement.

Juveniles placed in secure care are handled by the Youth Parole Authority, who determines what services the child needs while in YPA custody.

While there are certain steps the state must follow when handling juveniles who are guilty of certain crimes, it is vital that any child in the juvenile system be represented by his own Utah juvenile defense attorney. Make sure that your child receives the legal help and support he needs by contacting an experienced Utah juvenile defense attorney today.

Tags: , , , , , , , ,
Posted in Utah Law | No Comments »

Utah Juveniles Tried as Adults

Oct
11
Simms, on the topic of  Utah Law
0comment

You may have wondered if Utah juveniles can be treated as adults in court, and the answer is: yes, they can, under certain circumstances.

Reasons Utah Juveniles Can be Charged as Adults

• If a 16 or 17 year old juvenile in Utah is accused of murder, his case will automatically be moved to a district court.

• When a 16 or 17 year old Utah juvenile is charged with a felony, and he has received a prior sentence to a secure facility, he will be tried as an adult in district court.

• A 16 or 17 year old juvenile who is charged with one of ten specific felonies will be charged as an adult in juvenile court, and his case will then be moved to district court unless he can convince the juvenile court judge to keep his case in juvenile court. Those ten felonies include any felony violation of:

i) Aggravated arson
ii) Aggravated assault that results in someone being seriously injured
iii) Aggravated kidnapping
iv) Aggravated burglary
v) Aggravated robbery
vi) Aggravated sexual assault
vii) Attempted aggravated murder
viii) Attempted murder
ix) Felony discharge of a firearm
x) Any offense using a dangerous weapon that would be a felony if committed by an adult

• A juvenile can be as young as 14 and still have his case transferred to district court if a prosecutor persuades a juvenile judge that justice will be better served by the change.

Talk to a Utah Juvenile Defense Attorney

It is vital that any juvenile charged as an adult, whether in juvenile or district court, be represented by his own legal counsel. Even though your child may be a young teenager doesn’t mean he won’t be treated as an adult in the eyes of the prosecution and the court. Having a Utah juvenile defense attorney on your child’s side can help insure that he is treated fairly and appropriately.

Call an experienced Utah juvenile defense attorney today.

Tags: , , , , ,
Posted in Utah Law | No Comments »

Utah Minors May be Charged With Supplying Alcohol to Other Minors

Sep
13
Utah Criminal Defense Attorney, on the topic of  Alcohol, Drugs, Juvenile Defense Misc, Utah Law
0comment

The Case

The Utah Court of Appeals ruled today that charges for supplying alcohol to minors should not have been dismissed against Xavier Morrison. The trial court dismissed the charges initially, reasoning that charging an 18-year-old with supplying alcohol to other 18-year-olds (who were actually slightly older than Mr. Morrison) would create an “absurd result.” The trial court interpreted the law against supplying alcohol to minors as meant to protect minors, not to be a basis for prosecuting them.

The court of appeals agreed that the law prohibiting supplying alcohol to minors was meant to protect minors but unlike other cases applying the “absurd result” doctrine, the crime here involves a clear perpetrator and victim so prosecuting the perpetrator is okay. Mr. Morrison obtained the alcohol on his own by doing a “Hey Mister,” where a minor asks an adult to purchase the alcohol for them. The court of appeals limited its decision to where the minor being charged was clearly the supplier–leaving open whether a minor could still be charged for supplying if the other minors participated in getting the alcohol.

For the full opinion click here: State v. Morrison

Underage Drinking and Supplying Alcohol

This case creates a good opportunity for parents to remind their kids, and to remind young adults in general, that underage drinking can have serious legal consequences. If a minor is caught supplying alcohol to their friends, not only will they be cited for underage drinking, they could also be charged with supplying the alcohol, a class A misdemeanor if they know their friends are underage.

If your minor is caught drinking underage, don’t hesitate to call an experienced juvenile and criminal attorney to help!

 

 

Tags: , , , , , , , , , , , ,
Posted in Alcohol, Drugs, Juvenile Defense Misc, Utah Law | No Comments »

Street Racing in Utah

Sep
06
Simms, on the topic of  Utah Law
0comment

Even though street racing isn’t a purely juvenile-related problem, it does have a tendency to be an offense committed by kids, so we’re addressing the issue in this juvenile blog.

Photo: Mario Pleitez

What is Street Racing?

Street racing—also referred to as a speed contest or exhibition—is not allowed on any Utah highway. The law specifically states that a person may not:

• Engage in any motor vehicle speed contest or exhibition of speed on a highway or
• Do anything that furthers such a contest or exhibition

Penalties for Street Racing

Also, you’re not allowed to obstruct or put barricades on a highway for the purpose of speed racing. If you choose to participate in speed racing, you may be considered guilty of a class B misdemeanor and can be punished by up to six months in jail and fines. Additionally, you will have a mandatory suspension of your driver’s license. The rules for that punishment are:

• 60-day suspension for your first offense
• 90-day suspension for your second offense if it occurs within three years of a prior offense

A street racing offense comes with a hefty $300 fine, too, which makes it an expensive way to show off your car’s capabilities.

Keep in mind that other laws may apply to a street racing escapade as well. A juvenile might be charged with reckless driving or a number of other traffic violations. If anyone receives a physical injury, there will also be culpability for that situation.

Remind your kids that street racing isn’t allowed and can be extremely dangerous. Let them know of the possible consequences and encourage them to avoid street racing adventures.

If your child has made a mistake and is in a legal bind, don’t hesitate to contact a Utah juvenile defense attorney. Kids, like adults, don’t always think before they act but deserve the opportunity to make amends for poor decisions. Help your child by talking to a Utah juvenile defense attorney today.

Tags: , , , , , , , ,
Posted in Utah Law | No Comments »

« Older Entries