Archive for the ‘Utah Law’ Category

Shoplifting in Utah

Simms, on the topic of  Utah Law
0comment

The definition of shoplifting is generally obvious—removing merchandise, that you haven’t paid for, from a store. The merchant, his employees and law enforcement have the ability to detain anyone they suspect of having wrongfully taking store products that haven’t been paid for. They are legally entitled to keep a suspect for a reasonable period of time while they investigate the matter. 

Photo: redjar

There can be civil and criminal repercussions for shoplifting. Civilly, a store owner may sue for: 

  • Actual damages;
  • A penalty equal to the amount of the merchandise shoplifted;
  • An additional penalty, as determined by the court; and
  • Court costs and attorney fees. 

When a parent has made a reasonable attempt to see that any stolen merchandise is returned and a report made to law enforcement, that parent is not considered liable under the law. If the juvenile was taken into custody at the scene, such a report by parents is not required. 

Retail theft, when the value of the merchandise stolen is less than $500, is a class B misdemeanor.

Juveniles need legal representation as much as adults do when facing situations with law enforcement and the justice system. It is to a parent’s and minor’s advantage to receive legal counsel and advice when a minor has difficulties. Each person accused of a crime has the right to an attorney, and a competent Utah attorney can make navigating the justice system easier on families who have a child that has been arrested or is otherwise needing legal assistance. Law enforcement will usually be quick to make their decisions, and you need to have someone who is adept at making sure your child’s side of the story is known.

Utah Teens Who “Sext”

Simms, on the topic of  Utah Law
0comment

Texting is a common, usually daily, occurrence for many Utah teen. Texting too much may get a teen into trouble with their parents over the cell phone bill, but excessive texting isn’t against the law. The last few years has seen the advent of a new type of communication called “sexting.” Sexting is sending sexually explicit photos or messages electronically, usually from one cell phone to another.

Photo: Jeramey Jannene

Sexting in Utah is a misdemeanor. The penalties for misdemeanors range from up to 90 days in jail for a class C misdemeanor; up to 6 months in jail for a class B misdemeanor and up to 1 year in jail for a class A misdemeanor. Before you sext anyone, you may want to ask yourself if sexting is worth any amount of time spent in jail or detention. Not only can sexting give you a criminal record, it can also damage your personal pride.

If you are tempted to sext, avoid it at all costs. If someone wants to see you naked, don’t comply. You never know where pictures sent through cell phones or over the internet will end up. You may think you’re in a loving, lifelong relationship with a person, only to find that relationship over next week and any pictures you’ve sent them spread abroad for all to behold. Don’t get charged with a crime because you’re trying to impress or attract someone. The consequences aren’t worth it. Protect yourself and keep your clothes on. If you’re already in trouble with the law for sexting or any other crime, hire a Utah juvenile defense attorney without delay. Don’t get in any deeper than you already are.

Graffiti in Utah

Simms, on the topic of  Utah Law
0comment

Some people think that graffiti is art, but Utah law says it’s a crime, especially when you do it on someone else’s property. Graffiti is defined as any kind of unauthorized printing, writing, spraying, scratching, affixing or inscribing on any person’s property, regardless of the nature of or reason behind the graffiti. The penalty varies depending on the costs involved in removing graffiti. Graffiti is a:

  • Second degree felony if the damage is $5000 or more;
  • Third degree felony if the damage is $1000 or more;
  • Class A misdemeanor if the damage is $300 or more;
  • Class B misdemeanor if the damage is less than $300.

Photo: Franco Folini

If a person is convicted of using graffiti, as a condition of probation that person may be ordered to clean up the graffiti he made, as well as any other graffiti made by another person, at a place and time within the jurisdiction of the court. Additionally, a person convicted of using graffiti will be held financially liable for the costs associated with the repair, replacement or removal of the graffiti.

As tempting as it may be to leave your mark on some surface for all to see, think before you pull out that can of spray paint and begin your masterpiece. Unless you want to be responsible for cleaning it up and potentially cleaning up some other person’s artwork and have a criminal record, your best bet is to get yourself a real canvas from the art store. You can still express yourself artistically and stay out of a courtroom.

Utah Teens Charged with Vandalism

Simms, on the topic of  Juvenile Court, Utah Law
0comment

This past week, eight teens from Brighton High School and Skyline High School were charged with fence vandalism in the Cottonwood Heights area. The police helped a Cottonwood Heights resident set up a surveillance camera after his vinyl fence was vandalized at least 14 times. Apparently, several of the alleged offenders were caught on video running into the fence repeatedly until they crashed through it, then ran laughing to a getaway car. According to police, the teens are being referred to juvenile court.

Photo: pb3131

The Utah Code, under the juvenile criminal mischief section, allows for a parent or legal guardian having legal custody of a minor to be liable for damages sustained to property not to exceed $2,000 when the minor intentionally damages, defaces, destroys, or takes the property of another. On the other hand, a parent or guardian is not liable if the parent or guardian made a reasonable effort to supervise and direct their minor child, or, in the event the parent or guardian knew in advance of the possible taking, injury, or destruction by their minor child, made a reasonable effort to restrain the child.

It will be up to law enforcement and the juvenile judicial court to determine whether or not the parents of the alleged vandals will be held liable for any damages to the fence. If you are the parent of a minor child tangled up in the juvenile court system, it is to your advantage to consult an attorney who can find out if you may be financially liable for your child’s actions. You and your child can benefit from the representation of a skilled Utah juvenile defense attorney.

Parents’ Responsibilities for Juvenile Offenders

Simms, on the topic of  Juvenile Court, Utah Law
0comment

When a juvenile runs into trouble with Utah law, his or her parents tend to have a lot of questions. It’s important for juvenile offenders and parents to know their rights under the law. There is no substitute for expert legal advice, so don’t hesitate to consult an attorney who can explain complicated laws in an understandable fashion. Following are brief answers to a few questions that can give you a springboard for addressing your more detailed concerns about your child’s situation with your attorney.

Photo: Zoom Zoom

A major concern for many parents is whether or not they are responsible for a child’s criminal behavior. In general, parents are not accountable for their child’s criminal activities. However, parents can be held liable “as a party” for a criminal offense if they participated or were involved in any way in the child’s offense. Another reality for parents is that they are financially accountable for their child’s care when in a juvenile justice program. Parents or guardians are also required to attend juvenile court proceedings involving their child unless they want to face contempt of court charges.

 As a parent, be prepared to follow the court’s instructions to you, as well. Your child will most likely require assistance in fulfilling the agreement between him or her and the court, particularly when it comes to transportation if they have had their driver’s license privileges suspended. Also be aware that should your child be taken to detention, only parents and guardians are allowed visitation under the rules of the particular facility. Any other visitors must be approved by the court.

Get additional support for you, your child, and your family if you need it. There are many qualified professionals who can provide assistance through your child’s legal challenges. An experienced Utah juvenile defense attorney will help the process proceed as smoothly as possible, so that your entire family can move forward.

Underage Smoking in Utah

clayton, on the topic of  Utah Law
0comment

Many people have strong feelings towards certain laws that restrict our personal freedoms such as regulations pertaining to smoking in Utah.  New laws are being created every year, and there is usually good intent behind them.  However, as our rights have slowly been diminishing, we have begun questioning what it means to live in this free country.

Utah smoking laws seem to make sense to the public majority who don’t smoke.  First, the laws determine who can smoke.  This mainly helps prevent children from being seen smoking in public.  The government has dictated the age requirements for when they feel a person is ready to blow smoke rings.  Individuals under the age of 19 can be found guilty of a class C misdemeanor for being caught in possession of any tobacco product.   Any adult who provides cigarettes or other tobacco products to a minor, knowingly or unknowingly, faces a class C misdemeanor for the first offense, class B misdemeanor for the second offense, and a class A misdemeanor for the third offense.  Furthermore, allowing a minor to smoke in your place of business can also land you with a hefty fine.  Minors may cite age discrimination, but lawmakers just tell them it’s for their own good.

Smoking

Photo: Philippa Willitts

Next, laws have been laid down regarding what we can and can’t smoke.  In Utah, it’s against the law to smoke crack cocaine.  We legally can’t smoke marijuana and we can’t smoke cloves.   Just last month, Utah banned smoking the herb known as spice.  Laws prevent us from choosing what we put into our own lungs and bodies.  Some may say this protects us from hurting ourselves.  Others plead with the government to leave them alone, let them live freely and choose for themselves.   If you allow them to smoke their weed, they’ll overlook the Triple Chocolate Pecan Brownie Extreme ice cream others feed to their obese children.

Finally, Utah Code prevents citizens from choosing where they can smoke.  In 1994, the Utah Indoor Clean Air Act began with disallowing people from smoking within government buildings and public areas.  Effective July of this year, smoking will be banned in all indoor places of business including restaurants, cafes, shopping malls, retail stores and even taverns.  Not being able to smoke inside of a government building may seem sensible to some people.  But, making business owners criminals for allowing patrons to smoke in their own, private place of business defies logic as it pertains to the Constitution and has caused some to question the rights and freedoms we claim to enjoy.

Proactive Action to Help Your Utah Teenager

Simms, on the topic of  Utah Law
0comment

If your Utah teenager is having problems or you think that trouble may be brewing, take proactive action to help protect their freedoms and innocence.  Below are some basic tips that we hope will help you during your trying times.

Be Observant and Aware

Problem signals that parents should look for may include abrupt or unexplainable changes in behavior patterns such as dress and grooming styles, negative changes in school grades, the choice of friends, the use of free time, changes in attitude toward family members, expressions of hostility toward authority figures and predominance of anger and rebellion in the home.

Don’t Be Confrontational or Judgmental

Anger, critical accusations or negative responses toward a troubled adolescent will destroy the important communication relationship that is necessary to help a young person through a personal crisis or potential criminal circumstance.  It is important to listen carefully and let the adolescent know of your genuine concern and willingness to help.

Be Consistent in Maintaining Behavioral Standards

Often a young person becomes entangled in criminal activity because of a lack of understanding or an appreciation of the law, a challenging disrespect for authority or rebellion, and/or the pressure from influences by peers or others outside of the home.  The just and consistent enforcement of rules and standards in the home and school are helpful in preparing the adolescent to understand proper respect for the rules and laws of society.

Seek Assistance and Education From Knowledgeable Authorities

There are several sources available to parents who have challenging questions or may be frustrated by inappropriate circumstances involving their adolescent child.  In addition to respected family and friends, parents should consider their religious leaders and school administrators and counselors.  They often have access to educational and counseling resources.  Also, the government provides assistance through programs such as the Utah Juvenile Justice System.  One important source that should not be overlooked is a defense attorney who specializes in juvenile crime.  The defense attorney has firsthand experience dealing with issues related to adolescent behavior.  In addition to important legal advice, the qualified defense attorney can readily be part of the action team that will provide confidential, knowledgeable, fair and equitable assistance in removing or reducing the problems faced by an adolescent and his or her family.

Convictions Against Juveniles who are Certified as Adults may be used to Calculate a Federal Sentence under the Armed Career Criminal Act

clayton, on the topic of  Utah Law, Violent Acts
0comment

Unfortunately the 10th Circuit Federal Court on February 2nd ruled that relevant crimes committed by a defendant when he was minor can be used as enhancement for sentencing under the Armed Career Criminal Act’s (ACCA) 15 year-minimum-mandatory prison sentence. Once the youth is certified and prosecuted as an adult, his conviction may be used for Armed Career Criminal Act purposes. The opinion limits the enhancement to juveniles who were certified as adults.

See United States vs. Tireece Cole-Jackson, No. 10-6156.

Forgery

clayton, on the topic of  Juvenile Court, Utah Law
0comment

If you are juvenile who has been charged with a forgery, you should contact an juvenile defense attorney who can assist you in identifying any defenses you may have and who can represent you in court.

In Utah juvenile court, a forgery is passing a stolen or altered check, however, the legal definition is just a little more complicated than that.

A minor is guilty of forgery if they purposely defraud anyone with the knowledge that they are facilitating a fraud. This includes:

(a) Altering any writing of another without their authority

(b) Making, completing, executing, authenticating, issuing, transferring, publishing, or uttering any writing so that the writing purports to be the act of another person. This is not only applicable to writing purports but includes making, completing, executing, authenticating, issuing, transferring, publishing, or uttering purports to be the act of another.

Are Utah Juveniles Required to Talk to the Police?

clayton, on the topic of  Utah Law
0comment

You do not have to talk to the Utah police. The 5th Amendment to the U.S. Constitution guarantees your right to remain silent, even if you are a minor/juvenile. The best policy is not to talk to the police if questioned and ask for a Utah Juvenile Defense Attorney. Even if you are simply a witness to a crime, you still may want to talk to an attorney before you give the police a statement

Every court around the nation, including the United States Supreme Court and the Utah Supreme Court, has held that it is permissible for police to lie to a suspect during their investigation and interrogation of the suspect. This puts citizens at a distinct disadvantage when dealing with the police, which is exactly why it is best to follow 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.