Archive for the ‘Utah Law’ Category

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Appeal of Utah Juvenile Court Decision

Dec
29
Simms, on the topic of  Utah Law, Violent Acts
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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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Serious Youth Offender Procedures in Utah

Dec
15
Simms, on the topic of  Utah Law, Violent Acts
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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
09
Simms, on the topic of  Utah Law
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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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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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Cyberbullying is a Crime in Utah

Sep
28
Brooke, on the topic of  Juvenile Defense Misc, Utah Law
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According to the Utah Department of Human Services’ Student Health and Risk Prevention Survey, 19% of elementary and middle-school students say they were harassed on line at least once with 2.7% indicating they were harassed six or more times.

Utah is one of many states cracking down on cyber-bullying by requiring that all school districts have an anti-cyber-bullying policy in place and enacting legislation making cyber-bullying a crime.  Under Utah law a person is guilty of electronic communication harassment if that person:

(a) (i) makes repeated contact by means of electronic communications, whether or not a conversation ensues; or
(ii) after the recipient has requested or informed the person not to contact the recipient, and the person repeatedly or continuously:
(A) contacts the electronic communication device of the recipient; or
(B) causes an electronic communication device of the recipient to ring or to receive other notification of attempted contact by means of electronic communication;
(b) makes contact by means of electronic communication and insults, taunts, or challenges the recipient of the communication or any person at the receiving location in a manner likely to provoke a violent or disorderly response;
(c) makes contact by means of electronic communication and threatens to inflict injury, physical harm, or damage to any person or the property of any person; or
(d) causes disruption, jamming, or overload of an electronic communication system through excessive message traffic or other means utilizing an electronic communication device.

As defined above, cyber-bullying can include anything from text messages, e-mail, social networking sites such as Facebook, on-line blogs and even camera phones.  It is a crime in Utah to engage in cyber-bullying with charging classifications ranging from a class B misdemeanor up to a felony depending on the age of the victim and prior convictions of the offense.

 

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Bullying Amongst Kids

Sep
23
Simms, on the topic of  School, Utah Law
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A 14-year-old from New York committed suicide recently after being bullied online for more than a year. Police have opened an investigation into the suicide to see if criminal charges should be filed. Some students may be charged with harassment, cyber-harassment or hate crimes. No bullying laws currently exist in New York State, so law enforcement would have to determine whether or not aggravated harassment charges would be applicable in this situation.

Photo: Pimkie

Even though this case is being investigated in New York, bullying and harassment are happening across the United States, even in Utah. No one is immune from being bullied, particularly those kids who express different or unusual opinions, especially when related to their sexuality. It seems as though a lot of people, kids and adults alike, think that a computer and an Internet connection give them the right to respond in any way they want, without regard as to how their comments may affect another person.

No one should have to submit to bullying, and certainly not to the extent that a teenager feels his only way out is to take his own life. The National Center for Education Statistics shows that 28% of students between the ages of 12-18 reported being bullied in school during the 2008-2009 school year.

Utah law prohibits bullying, cyber-bullying, harassment, hazing, sexual battery and sexual exposure. No school employee or student may engage in bullying or harassing a school employee or student:

* on school property;
* at a school related or sponsored event;
* on a school bus;
* at a school bus stop; or
* while the school employee or student is traveling to or from one of the above locations or events.
* No school employee or student may engage in hazing or cyber-bullying a school employee or student at any time or in any location.

If your child is a victim of any type of bullying, you should contact the authorities and an attorney, not to mention possibly a counselor. On the other hand, if you are aware that your child is engaging in bullying, it would be prudent to do your best to get him or her to stop such destructive behavior. Keep in mind that you don’t have to agree with the choices someone makes. You do, however, have a responsibility to not disregard the law.

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Utah Juvenile Questions and Answers

Sep
09
Simms, on the topic of  Juvenile Defense Misc, Utah Law
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Understanding laws can be fairly complicated, at least for the average Utah citizen. Laws governing Utah juveniles are no exception, but with the help of a Utah juvenile defense attorney, you can get your questions answered. In the meantime, we’re sharing some possible questions and their answers with you.

Photo: takomabibelot

Ungovernable or Runaway Utah Juvenile

Lots of parents wonder what they can or should do if their child is ungovernable or a runaway. Sometimes, in spite of a parent’s best efforts, kids make bad choices anyway. If you have a child in this situation, you can contact your local Utah Division of Child and Family Services, or another agency such as Youth Services within your county or district. Many times there are options available to parents, such as crisis intervention for families and temporary shelters.

My Child Wants to Quit School

If your child under the age of 18 decides he no longer wants to go to school, be sure and inform him that it is Utah law that he attends school. That may not be enough, we know. Release from school can be given by your district’s Board of Education. If both the parents and school district make continual efforts to get the child to school, and those efforts fail, the school district can make a referral to Utah Juvenile Court.

Emancipation and Parental Responsibility for Utah Juvenile Delinquent

There are times when you may wish to be emancipated from your child. However, only a minor 16 years old or older can petition a court for emancipation. That said, if your child is delinquent, parents are generally not held responsible for their delinquent child’s behavior unless the parent has in any way contributed to the delinquency. Note that if your child is placed in the Utah juvenile justice program, you are still responsible for his or her monetary care.

These questions about Utah juveniles are only a few that parents may have. As we stated earlier, if you have more questions or concerns about your child or a problem they are involved in, contact an experienced Utah juvenile defense attorney who has a reputation for getting the job done.

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Equal Justice for Juveniles?

Sep
02
Brooke, on the topic of  Juvenile Court, Juvenile Defense Misc, Utah Law
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The 14th Amendment to the United States Constitution guarantees that no person may be deprived of “life, liberty, or property without due process of law.” However, not all “due process” is equal.

The U.S. Constitution guarantees a trial by jury if you are charged with a felony offense but if you are a juvenile charged with the equivalent of a felony offense you are not afforded this same right. In 1971 the U.S. Supreme Court held that jury trials are not required in juvenile court proceeding. McKeiver v. Pennsylvania, 403 U.S. 528 (1971). The due process standard for juvenile cases is “fundamental fairness” which gives juveniles the right to notice, counsel, confrontation of their accuser, cross-examination and standard of proof but not the right to a jury trial.

If a juvenile is deemed delinquent there may be long lasting consequences greater than the sentence imposed. Depending on the nature of the offense, a juvenile could be denied the fundamental right to own a firearm, may have to register as a sex offender or have past juvenile adjudications used for the enhancement purposes in future proceedings. Because there are all serious and long lasting consequences a jury trial is necessary.

Jury trials give the accused greater protections against false convictions and full due process of law but most states do not extend this protection or this right to juveniles with Utah being one such state. However, there is a growing number of states which either grant juveniles the right to a jury trial outright or provide jury trials to juveniles under special circumstances.

Hopefully through greater public awareness and advocacy efforts, equal due process rights will be extended to juveniles.

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Utah Juvenile Warrants and Detention Release

Aug
26
Simms, on the topic of  Utah Law
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Warrants and detention release for juvenile offenders in Utah are governed by the laws set forth in the Utah Code. There are specific reasons why a minor can be arrested and times when a minor may not be released from juvenile detention.

Juvenile Warrants

Photo: Valerie Everett

Once a petition is filed, a court may order a warrant for immediate arrest of a minor to be issued if the court believes that there is probable cause (which has been described in the petition or affidavit) to believe that:

• the minor committed an act that would be a felony if an adult had committed the same act;
• the minor failed to appear before the court after the appropriate person (the minor, a parent, guardian or custodian) has been legally served with a summons;
• there is a great likelihood the minor will not appear as required;
• the summons cannot be served and the minor’s whereabouts cannot be determined;
• the minor presents a danger to others or the public; or
• the minor has run away or escaped from a parent, guardian or custodian.

A pickup order for a minor may be requested (over the phone) by a probation officer or authorized person during non-business hours or under exigent circumstances, as long as the request is supported by an affidavit from the appropriate authority the next business day. Exigent circumstances would concern the protection of the community or minor.

Juvenile Detention Release

At a detention hearing, a court shall release a minor to custody of a parent, guardian or custodian unless the court has reason to believe the following:

• the minor will leave or be taken from the jurisdiction of the court unless detained;
• the alleged offense would be a felony if committed by an adult;
• the minor’s parent, guardian or custodian cannot be located, will not accept custody or will not bring the minor to court when summoned;
• the minor will be under witness intimidation;
• the minor’s past record indicates he may be a threat to the public safety;
• the minor has conduct or behavior problems or is likely to be engaged in further delinquency; or
• the minor has failed to appear for a court hearing within the past 12 months.

Any questions you have concerning these laws pertaining to juveniles should be directed to a competent Utah juvenile defense attorney. You can count on an experienced attorney to help you navigate the complex juvenile justice system.

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Can Utah Police Search My House Looking for Evidence Against My Minor Child?

Jul
23
clayton, on the topic of  Utah Law
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The United States Supreme Court has repeatedly held that a person’s home is subject to the greatest protection under the Fourth Amendment of the United States Constitution and the Utah police are limited when searching a home for evidence against an adult or juvenile.

Before an officer may search a home seeking evidence against a minor in the home, the officer must first secure a search warrant from a Magistrate Judge. There are a few exceptions to this general rule but the exceptions are narrow. Even though an officer does not have a warrant, if the officer is attempting to search your home, you should not resist the officer. Instead, step out of the way and let the officer do what he or she is going to do. Do not consent to the search but do not resist it either. It is best to raise these issues in court rather than risk a confrontation between yourself and the police. Rarely does a citizen win in such situations and they are almost always a threat to your physical safety. If the officer asks you questions, you should respectfully decline to answer them. You are under no legal obligation to answer questions even if the officer has a warrant.

When dealing with the police remember the three golden rules:

1. Don’t trust or believe the police

2. Don’t resist being handcuffed

3. Don’t say a damn thing

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