Posts Tagged ‘court’

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Utah Soccer Player Charged with Homicide by Assault

May
09
Simms, on the topic of  Violent Acts
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A 17-year-old soccer player has been charged in a Utah juvenile court with homicide by assault following an incident where he allegedly punched a referee; the referee died several days after the supposed assault.

Photo: Shawn Rossi

The Salt Lake County district attorney is reportedly going to attempt to have the youth certified as an adult, thereby transferring the juvenile case to district court.

What is Homicide by Assault?

Under Utah law, homicide by assault occurs when

• A person causes the death of someone else (under circumstances that aren’t classified as aggravated murder, murder or manslaughter) while intentionally or knowingly attempting with unlawful force or violence, to do bodily injury to another.

Homicide by assault is a third degree felony. If a person is found guilty of a third degree felony in adult district court, he could possibly be sentenced to up to five years in prison.

On the other hand, being found guilty of a crime in juvenile court can come with entirely different consequences, some of which may include: detention, work hours, community service and/or fines.

What Will Happen?

Whether or not the case will be handed over to district court depends on the results of a certification hearing to be held in juvenile court. Many factors will be taken into account in that hearing, not the least of which may include the youth’s previous delinquency history (if any), his school record and a psychological evaluation.

What’s your opinion? Should a hot-headed juvenile be treated as an adult? If the juvenile is given adult status, will the punishment fit the crime? We’re certain there will be many points-of-view on these subjects.

Don’t think that your teen has to be charged with a serious crime to warrant the services of an experienced Utah juvenile defense attorney. Anytime a juvenile is charged with an offense, he deserves to have his own legal representation. Call a top Utah juvenile defense attorney today.

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Utah Teen Arrested for Investigation of Armed Robbery

Apr
25
Simms, on the topic of  Violent Acts
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A 15-year-old Utah teen is a suspect in an armed robbery that took place at a Holladay jewelry store over a year ago.

Photo: Beatrice Murch

The Heist

The juvenile is being investigated for his role in the heist that took place in March 2012, when two men allegedly entered a jewelry store carrying guns. Two customers were hurt during the robbery and an undisclosed amount of jewelry was stolen.

Police believe that the Utah teen was accompanied by an African-American male who is still at large. Another person, a woman, has been booked into jail for investigation of obstruction of justice. The Utah teen is currently in the Salt Lake Valley Detention Center.

Where Will the Utah Teen End Up?

It isn’t known at this time whether the teen, if he ends up being charged with armed robbery, will be helped in juvenile court or will have his case transferred to adult district court. If he does find himself in district court, he may be charged with aggravated robbery, which is a first degree felony.

In Utah, the penalty for committing and being found guilty of a first degree felony can be five years to life in prison. On the other hand, a teen who is found guilty of committing an offense in juvenile court will still have serious consequences, but they won’t include spending time in the state prison.

If you have a child in need of legal help, contact a Utah juvenile defense attorney today. A Utah teen doesn’t need to have committed a serious crime to benefit from having a private attorney. It’s in your child’s—and your—best interests to have experienced legal representation to make sure that his rights and needs are protected.

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Utah Juvenile Court Educational Reviews

Apr
18
Simms, on the topic of  Juvenile Court
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Youth who violate Utah law will at some point be involved in a Utah juvenile court review hearing and, as a parent, you will want to know what type of information the court requires at that hearing.

Photo: Lee Edwin Coursey

How Does the Court Find Out About Alleged Offenses?

A youth may be referred to Utah Juvenile Court by the police, a parent or a school. Once the child goes into court, his case will be assigned to an intake officer who meets with the child and his parents to determine what action is necessary.

Once a child has been adjudicated, court review hearings will likely be scheduled. These hearings can take place as often as deemed necessary by the judge, but are usually held every 6-9 months.

Education Reports are Important

You can expect the court to be interested in the juvenile’s educational needs, status and progress. Education information allows the judge to make appropriate court orders concerning each individual child, since each child who goes through a Utah Juvenile Court will have specific educational needs and goals.

Upon request, the court will likely want to have the following information available:

• current school placement and duration of the current placement
• educational history
• current grades and attendance, including GPA and credits earned
• the juvenile’s behavior in school
• whether the child is on grade level and his progress toward graduation
• participation in Youth in Custody services
• if he qualifies for and is participating in special education services or programs
• current IEP and IEP progress reports
• extracurricular activities
• child’s successes in school
• academic performance

Find a Utah Juvenile Defense Attorney to Help Your Child

It’s important that any child who is involved with the Utah Juvenile Court have legal representation to insure that he or she is treated fairly. Parents shouldn’t have the extra burden of trying to figure out what the law is and how to best help their child from a legal standpoint. A Utah juvenile defense attorney is the right person to take on those concerns and make certain that the child receives the appropriate help from the court.

Don’t wait until your child is in the middle of legal problems and you are at your wit’s end. Contact a Utah juvenile defense attorney today.

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Teen Texting While Behind the Wheel

Feb
14
Simms, on the topic of  Utah Law
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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.

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Utah Kids Suspended Following Provo Drug Scheme

Jan
17
Simms, on the topic of  Drugs, School
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Several Utah kids have been suspended from elementary school, and one arrested, following a police investigation into a drug scheme that may have been organized by the juvenile who was arrested.

The juvenile arrested is an eighth-grader from a local middle school. Authorities believe that he would purchase marijuana from another individual and then pay the other kids—sixth graders—to pick up the drugs. Police think that the drug dealer lives somewhere near the elementary school attended by the younger kids.

The sixth-graders were all suspended from school; the older child heading up the drug scheme was suspended and arrested. He is being investigated for drug distribution and over 150 counts of child endangerment, all of which are class A misdemeanors.

Offenses in Juvenile Court

In an adult court, every class A misdemeanor charge comes with the potential penalty of up to one year in jail. Unless the child in question’s case is transferred to district court, he will be under the purview of the state’s juvenile justice system where his actions will be treated more as offenses then crimes, although he may still spend time in a detention facility if a juvenile judge deems it appropriate.

Although this incident may be a bit surprising, local school officials seem to think it is an isolated situation and not a sign of bigger drug problems in the elementary school system. Hopefully that is the case.

Discuss Your Child’s Case with a Utah Juvenile Defense Attorney

When you have a child who has been arrested, whether for drug-related charges or something else, you should seriously consider contacting a Utah juvenile defense attorney. Kids who have committed offenses need and deserve help, particularly legal assistance. Do your child a favor and talk to a top Utah juvenile defense attorney today.

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Parental Responsibility for Juvenile Property Damage

Nov
01
Simms, on the topic of  Juvenile Defense Misc
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In Utah, there are circumstances in which a parent or legal guardian may be held financially responsible for juvenile property damage.

Photo: 401(K) 2012

Get Out Your Wallet

A parent or legal guardian can be liable for juvenile property damage up to $2000 when:

• The juvenile intentionally damages, defaces, destroys or steals someone’s property
• The juvenile recklessly or willfully shoots or propels some type of missile or other object at or against a motor vehicle, bus, airplane, boat, train/train car—whether the vehicle is moving or stationary
• The juvenile purposefully tampers with someone else’s property, recklessly endangering someone’s life or threatening a public utility service

The cost to a guardian of juvenile property damage goes up to $5000 when:

• One of the above-mentioned offenses occurs due to a juvenile’s association with any criminal street gang

Graffiti Counts as Property Damage

Defacing or tampering with a person’s property includes the application of graffiti.

Encourage Good Behavior

If you’re the type of parent who, with reasonable effort, tried to dissuade your child from causing property damage and you reported any knowledge of the damage to the property owner or police, you might not be held financially responsible after all. That does, however, depend upon the judgment of a juvenile court judge.

Talk to a Utah Juvenile Defense Attorney

We know that lots of good kids make mistakes, which is why it’s important to contact a Utah juvenile defense attorney if your child has any run-ins with the law. Even kids deserve to be treated with respect and have access to the advice of legal counsel, regardless of their prior actions.

Do your child a favor and call a Utah juvenile defense attorney today. It’s not too late to help your son or daughter get back on the right track.

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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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Teen Vandal Arrested in Utah

Sep
13
Simms, on the topic of  Juvenile Defense Misc
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A teen vandal, who police believe is responsible for an extensive vandalism spree in the West Jordan area of Utah, has been arrested.

Photo: chorley.paul

What Happened?

The young man has allegedly been busily slashing vehicle tires, breaking into vehicles and setting dumpsters on fire at a local middle school—all since Labor Day weekend. Police stated that they don’t yet have any motives for the teen vandal since he’s not saying much to them.

Arson and vandalism are both serious crimes, particularly considering that the teen vandal allegedly slashed over 100 tires alone. He’s lucky the fires in the dumpster didn’t spread, too.

Good Reasons to Hire a Utah Juvenile Defense Attorney

Even though it’s better not to commit crimes, it is important that anyone charged with a crime consult with a defense attorney immediately—even juveniles. There’s never any guarantee that a person accused of a crime will be let off with a “slap on the wrist,” which is why you want to have the advice and representation of an attorney who is well-versed and experienced in handling criminal defense cases.

Keep in mind that all people need and deserve the best legal support they can find, and kids are no exception. In the case of this teen vandal, there may be more involved than just a kid making some mistakes. Teenagers can be pretty complex individuals, so it’s worth finding out what’s going on inside that is sending them down a potentially dangerous path.

If your child is involved in any criminal activities or proceedings, don’t wait to call a Utah juvenile defense attorney. You and your child will benefit from the expertise of an attorney who is used to helping juveniles work their way through legal proceedings. Make that important phone call today.

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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
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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!

 

 

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Juvenile Judges Have Discretion

Aug
30
Simms, on the topic of  Juvenile Court
0comment

A teen recently got a taste of the discretion held by Utah juvenile judges, when her punishment was tailored to fit her crime.

Photo: juliejordanscott

Give That Girl a Haircut

The 13-year-old girl and a younger friend opted to reach outside their boundaries and give a 3-year-old at a local fast food restaurant a haircut—without permission. When the teen and her mother appeared in juvenile court sometime later, the judge doled out the punishment: 30 days in detention and nearly 300 hours in community service. However, the judge offered to shorten the community service time if the teen’s mother would cut her daughter’s hair, right then and there.

The girl’s mom agreed and took scissors to her ponytail, giving the teen a cut she wouldn’t receive from any hairstylist.

Regret

The mother later changed her mind, though, deciding that the consequence of her daughter’s having her hair cut was too much. (Thirty days in detention and hundreds of hours of community service didn’t seem to be a problem.) Apparently the mom has filed a complaint against the juvenile court judge.

Juvenile Judges Can Use Latitude

What do you think? Was the judge too harsh or did the punishment truly fit the crime? The Utah Code gives juvenile judges a great deal of latitude in deciding which punishments to hand out to kids, but that doesn’t mean juvenile judges are without fault or always make the best decisions. They are, after all, only human.

Make Sure You Know Your Rights

In this case the mom noted that she didn’t have an attorney and wasn’t aware of her legal rights. This is why you should always consult with a Utah juvenile defense attorney if your child becomes embroiled in any legal troubles. An attorney can help you and your child determine the best course of action and when to accept or decline recommendations from the court or law enforcement. Make the right move and contact a Utah juvenile defense attorney today.

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