Posts Tagged ‘adult’

Utah Juvenile Arrested for Park City Arson

Mar
14
Simms, on the topic of  Utah Law
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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.

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Utah Juveniles Tried as Adults

Oct
11
Simms, on the topic of  Utah Law
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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.

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Certification of Utah Juvenile as Adult

Oct
04
Simms, on the topic of  Juvenile Court
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There are several factors which a juvenile court judge must consider before agreeing with the certification of a Utah juvenile as an adult.

Photo: David Amsler

Questions a Judge will Consider

• The seriousness of the offense, and whether or not the public is best served by having the Utah juvenile remanded to a facility other than one offered by juvenile justice services

• If the crime committed by the juvenile could be charged with enhanced penalties if it had been committed by an adult, particularly if the crime involved two or more people or was gang-related

• Whether the alleged offense was committed in an aggressive, violent, premeditated or willful way

• Was the crime committed against a person or property—with more concern placed on a crime against a person

• The maturity level of the minor, taking into account the minor’s home, emotional attitude, environment and way of life

• The Utah juvenile’s previous record and history

• How likely rehabilitation could be if the juvenile were taken care of at a Utah juvenile facility

• If other juveniles involved are being charged and tried in a district court

• Whether a firearm was used during the commission of the crime

• If the Utah juvenile possessed a dangerous weapon on or around school grounds

Juveniles Going Through District Court Process

Once a juvenile’s case has been transferred to district court, the rest of the proceedings—including sentencing—will be handled by that court. If a Utah juvenile is found not guilty, acquitted or has his charges dismissed in district court, he will then return to the jurisdiction of the juvenile court system (for any further incidents).

Contact a Utah Juvenile Defense Attorney

It is wise to consult with a Utah juvenile defense attorney if your child is being charged with any crime, regardless of the nature of the court. You don’t want to take chances when it comes to the welfare of your child, and an experienced Utah juvenile defense attorney can help with any legal questions or problems. Make the right choice and call a juvenile defense attorney today.

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Utah Teen Charged with Murder

Sep
20
Simms, on the topic of  Juvenile Defense Misc, Violent Acts
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A Utah teen has been charged with first degree felony murder after he allegedly shot his stepfather in the head and the man died as a result of his wounds.

How Can a Juvenile Be Charged as an Adult?

The teen is now facing murder charges in district court. It can be fairly complicated to have a juvenile charged as an adult in Utah. First, the prosecution has to ask the juvenile court for a hearing to consider the request to have the juvenile tried as an adult. Then, a juvenile court judge must agree to turn the case over to district court.

Possible Punishments

When a juvenile is tried as an adult, he is subject to any punishment that would normally only be available to someone 18 years old or older. If a juvenile is found guilty of murder in juvenile court, the maximum sentence he can receive is spending time in detention until he’s 21 (in addition to any other consequences imposed by the court).

Juvenile Court or District Court?

Whether or not it’s right to try a juvenile as an adult is a difficult question, with people on both sides of the discussion. Some people believe that treating a child as an adult may increase the chances of that child continuing a life of crime, while others may think that certain crimes deserve strong punishments regardless of the person’s age.

If you have a child involved in the criminal justice system, it’s vital that you discuss his case with a Utah juvenile defense attorney. Some kids are particularly troubled, while others just make mistakes that need gentle correction. Don’t leave your child’s future to chance. Contact a Utah juvenile defense attorney today and help your child get back on the right track.

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Posted in Juvenile Defense Misc, Violent Acts | No Comments »

Juvenile Allegedly Plots Mass Destruction at Utah School

Feb
02
Simms, on the topic of  School
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Prosecutors are seeking to certify 16-year-old Joshua Hoggan as an adult after receiving information that the juvenile was going to use a weapon of mass destruction at Roy High School in Utah. Hoggan has been charged with use of a weapon of mass destruction, which is a first-degree felony, in 2nd District Juvenile Court, but prosecutors have filed the motion to have Hoggan’s case transferred to adult district court.

Photo: Paul Fisher

Should Hoggan be Tried as an Adult?

Prosecutors reportedly believe that Hoggan is adult enough to comprehend the gravity of his situation and the choices he made to get to this point. Also, his co-conspirator in the alleged bomb plot is already an 18-year-old adult who has been charged with the same crime in adult court.

Safety Issues at Roy High School Noted by Hoggan

Interestingly, Hoggan wrote an article for the Roy High School newspaper in 2010 that detailed problems around the school that could put everyone’s safety at issue if the school was attacked. Hoggan also interviewed the Columbine High School principal this past December, purportedly for a follow-up article for Roy High’s newspaper.

What Constitutes Weapon of Mass Destruction Involvement

In Utah, a person can be charged with a first-degree felony for any of the following situations relating to a weapon of mass destruction:

• Manufacturing
• Possession
• Displays
• Delivers
• Sells
• Uses
• Attempts to use
• Solicits the use of
• Conspires to use

We would not attempt to sit in judgment of Joshua Hoggan; that is for a judge or jury. We strongly believe that any person accused of a crime is innocent unless they are found guilty. Hopefully Hoggan will be treated fairly and respectfully, as is appropriate for any individual facing criminal charges.

Juvenile Courts Are About Rehabilitation

There are many reasons why juvenile court is separate from adult court, and if you have a child whom prosecutors are attempting to certify as an adult, it is vital that you get the advice of an experienced Utah juvenile defense attorney. Just because a prosecutor believes a 16-year-old is mature enough to be tried as an adult doesn’t mean that is what should happen.

Make sure your child, regardless of his or her circumstances, is represented by a juvenile defense attorney who knows the ins and outs of helping juveniles through any legal procedures.

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