Posts Tagged ‘attorney’
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: arson, attorney, Burglary, crime, juvenile, Juvenile Court, kid, law, offense, utah
Posted in Utah Law | No Comments »
A couple of Utah teens were sent to the hospital following a bout of reckless driving in the Taylorsville High School parking lot.
Photo: Jason Bain
Truck Rolls Over at School
The teens were in a pickup truck that rolled in the parking lot following what police believe was a race with another vehicle behind the school’s football stadium. Some kids in the back of the truck bailed before the vehicle rolled, but the driver and one passenger were transported to a local hospital with serious injuries.
We could talk to kids about reckless driving until we’re blue in the face and some teens would still choose a good old drag race to playing it safe. However, you can’t dispute the fact that injuries are more likely to occur when teens aren’t driving carefully; for that matter, injuries can occur when any person—regardless of their age—drives recklessly.
Reckless Driving Charge Adds Insult to Injury
It’s reported that the driver will be cited for reckless driving, which is a class B misdemeanor. We don’t know what that will mean in terms of juvenile court, but hopefully this particular teen and his compatriots will have learned a valuable lesson from this experience.
Reckless driving can be charged if a person drives:
• With willful or wanton disregard for the safety of people or property or
• While committing three or moving traffic violations within a distance of three miles or less
As you probably know, juvenile court usually handles kids’ offenses a little differently than district court treats adults. Kids tend to deal with rehabilitation efforts better than a lot of adults, so it’s good to give them a chance to make amends.
Ask a Utah Juvenile Defense Attorney for Legal Advice
There are times, however, when a child needs the additional advice of a lawyer. In those circumstances, it’s a good idea to talk to an experienced Utah juvenile defense attorney.
If your child needed medical attention you’d take them to a doctor, and it’s no different when he needs legal help. Give your child the best assistance you can by contacting a top Utah juvenile defense attorney today.
Tags: attorney, crime, kids, law, minor, offense, reckless driving, School, teens, utah, youth
Posted in Juvenile Defense Misc | No Comments »
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.
Tags: attorney, crime, drug testing, Drugs, high school, law, offense, utah
Posted in Drugs, School | No Comments »
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: adult, arson, attorney, Burglary, catastrophe, crime, Felony, juvenile, kid, lawyer, offense, utah
Posted in Utah Law | No Comments »
There are juvenile sentencing guidelines in Utah which are just what they sound like—guidelines. This means that a probation officer may make recommendations based on these guidelines, but he doesn’t have to. There is also a list of mitigating factors that may be taken into consideration when sentencing recommendations are made.
Photo: Mr. Thomas
Mitigating Factors for Juvenile Sentencing Guidelines
Significant Improvement Since the Offense: The juvenile has shown significant improvement since the time of offense; has voluntarily sought treatment or has compensated or attempted to compensate the victim.
Physical or Mental Impairment: If the juvenile lacked the ability to use appropriate judgment at the time of the offense; is mentally retarded, (based on IQ) lacks life skills and had these handicaps during his developmental time.
Limited Adjudication History: When the juvenile has few or no minor prior court interactions; a long time since previous referral or it’s been a long time since the offense occurred.
Age and Maturity of Offender: If the juvenile’s age and maturity level mean he didn’t fully understand what he was doing or the consequences of his actions.
Current Status: The juvenile is currently being treated or supervised.
Treatment Needs Exceed Need for Punishment: It’s better for the juvenile to receive treatment than to be put in detention.
Talk to a Utah juvenile defense attorney if you have questions about any case your child is involved in. It is important that your child’s Constitutional rights be protected by an attorney. You and your child will both benefit from the expert representation of a top Utah juvenile defense attorney.
Tags: attorney, child, crime, guidelines, juvenile, lawyer, offense, sentencing, utah, youth
Posted in Juvenile Court | No Comments »
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: attorney, cell phone, court, crime, juvenile, lawyer, offense, teen, teens, texting, utah
Posted in Utah Law | No Comments »
There is some basic information that can be valuable for parents and teens to know about juvenile drug court in Utah.
Photo: epSos.de
Why Was a Juvenile Drug Court Created?
To help certain juvenile drug offenders and alcohol offenders work though their substance issues.
The juvenile drug court’s goal is to help prevent further substance abuse difficulties. No one is required to attend drug court; it is a choice for those juveniles who qualify.
There are minimum required penalties for kids who’ve been charged with drug or alcohol offenses. They include:
• 20-100 hours of community service
• $150-$500 fine
• Loss of driver’s license
What’s Involved in Participating in Juvenile Drug Court?
• At least six months’ commitment
• Entering into a contract
• At least 60 hours of community service
• Evaluations
• Intervention classes and/or substance abuse counseling
• Random substance testing
• Written assignments
• Home visits
• Required school attendance and acceptable grades
• Following home rules
• Attendance at classes with a parent
• Attendance at monthly court reviews
• No new infractions
It may seem like a lot of work to participate in a juvenile drug court, but it may turn out to be a beneficial route to take—both for a child and his family.
If you have questions about juvenile drug court or any other juvenile-related concerns, don’t wait to talk to a Utah juvenile defense attorney. Consulting an attorney on behalf of your child may be the best decision you can make to turn your child’s life around. Make the right call today.
Tags: Alcohol, attorney, crime, drug court, Drugs, juvenile, juvenile drug court, kids, offense, teens
Posted in Alcohol, Drugs | No Comments »
The state of Utah has a list of juvenile sentencing guidelines that may be followed by a juvenile court judge, although there is no requirement that he do so. The sentencing guidelines do not mean that a juvenile should have specific expectations of how his case will be handled.
In conjunction with the guidelines is a list of aggravating factors that may be taken into account when a juvenile court judge imposes a juvenile’s sentence.
Aggravating Factors
The impact of the offense on the victim and the community
• When there is a distinct showing of callousness and cruelty on the part of the offender
• Substantial monetary loss
• Significant physical or psychological injury to victim
• Previous offense against same victim
• Knowledge of victim’s vulnerability
Previous Violent Delinquent Conduct
• Prior history of violent, delinquent conduct
Substantial Juvenile Court History
• Multiple adjudications for same or similar offense
• Large number of previous offenses
• Court has decided juvenile is delinquent
Need for Outside Treatment
• Juvenile requires treatment that cannot be offered on an in-home basis
Requirement for Secure Confinement
• Juvenile presents a danger to the community requiring a secure placement
Lack of Remorse
• Juvenile shows complete lack of remorse, acceptance or responsibility for offense
Supervision to Monitor Restitution
• Extra supervision time is required to keep track of the juvenile’s restitution responsibilities
Lack of Adherence to Lesser Consequences
• Juvenile doesn’t comply with probation; is in contempt of court, etc.
Doesn’t Attend or Participate in School or other Programs
Involved in a Gang
Juvenile court experiences can be confusing enough without trying to understand the ins and outs of sentencing guidelines. If you have a child involved in the juvenile court system, it would be prudent to contact a Utah juvenile defense attorney who has a reputation for helping kids who are in tight spots.
Do yourself and your child a favor; contact an attorney today.
Tags: attorney, child, crime, guidelines, juvenile, offense, sentence, sentencing, utah
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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.
Tags: attorney, children, crime, gun, juveniles, kids, offense, School, teens, utah, weapon
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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: arson, attorney, crime, fire, juvenile, law, lawyer, minor, offense, teen, utah
Posted in Utah Law | No Comments »
