Posts Tagged ‘crime’
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 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.
Tags: Assault, court, crime, Homicide, juvenile, law, offense, teen, utah, violent behavior, youth
Posted in Violent Acts | No Comments »
A 14-year-old has been arrested after one of his teachers noticed what he considered strange behavior by the Utah teen.
Photo: Brendan DeBrincat
The young man, who claims he’s been bullied, had a “hit list” with several names on it in his possession at school. He allegedly planned to stab the people on his list, but police noted that he didn’t have a knife on him when he was arrested.
The Utah teen is being investigated for six counts of harassment and six counts of making threats against life or property—misdemeanors. After being booked into juvenile detention, he was released into the custody of his parents.
Harassment can be charged in Utah if a person, intending to frighten or harass someone else, communicates a written or recorded threat to commit any violent felony. Harassment is a class B misdemeanor.
A person is only justified in threatening force against another person if he reasonably believes that threat is necessary to defend himself or someone else against another’s use of imminent force. In other words, if Bill threatens to assault Joe and his friend Mike with a baseball bat, Joe is entitled to threaten to punch Bill if he attempts to use the bat.
Interestingly, the city police chief stated that this Utah teen has been bullied but feels he’s been a bully as well. It looks like there needs to be some investigation into what’s going on with some of the students at that school.
Talk to a Utah juvenile defense attorney if your child has been arrested or is being investigated for any offense. It’s important that the entire story be told and not just from the point of view of the alleged victims.
Tags: bully, crime, harassment, juvenile, misdemeanor, offense, School, teen, utah
Posted in School | No Comments »
Governor Gary Herbert just signed House Bill 103, restricting teen cellphone use while driving to a minimum. Kids under the age of 18 can now only use a cellphone while driving in the following situations:
Photo: digitaljournal.com
• During a medical emergency
• When reporting a safety hazard or requesting assistance relating to a safety hazard
• When reporting a criminal activity or requesting assistance in relation to a criminal activity
• When communicating with a parent or legal guardian
What’s The Cost of a Violation?
Any teen who violates this section will be given an infraction and can be fined up to $25. House Bill 103 also notes that if a teen violates this section, the violation is not reportable. Additionally, kids who use a cellphone while driving and receive a violation under this law cannot have points assessed against their driving record.
What Do You Think?
Does this law go far enough? Does it seem fair to target teen drivers when there a lot of distracted adult drivers out on the Utah roads? According to research, teens make up just 8 percent of drivers but are involved in almost 25% of auto crashes.
Of course, there are a lot of lawmakers who probably wouldn’t be re-elected if they banned all cellphone use while driving, regardless of age. Also, receiving a $25 fine likely won’t be the teen cellphone while driving deterrent that officials hope it will be. In other words, this bill might not have any impact on unsafe driving while using a cellphone—for Utah teens or anyone else.
If you have a child that does get into trouble with the law, contact a Utah juvenile defense attorney immediately. The best way to help your child is to give them the best legal defense possible.
Tags: cellphone, crime, driving, fine, offense, teen, utah, violation
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 »
Social media can be fun, interesting and even useful. Sometimes it can lead to problems, particularly for juveniles who don’t realize the dangers involved in social media like Facebook and Twitter.
Photo: Randy Pertiet
Watch What You Tweet
A couple of Utah teens are now feeling the repercussions of their Twitter time. The girls were arrested after one of their parents went through her daughter’s phone and found out about a marijuana get-together planned by the two girls and an 18-year-old male.
Police intercepted a text from the man to the girl’s phone and arranged to have him pick up both girls in front of their middle school. When the man arrived, police arrested him, even though he said he believed the girls were 16. After searching the man’s vehicle, he was charged with multiple crimes, including contributing to the delinquency of a minor. The girls allegedly were both in possession of a small amount of marijuana and are being investigated.
Don’t be a Bystander in Your Kid’s Life
The parents in this situation deserve kudos for keeping an eye on their kids. Obviously they couldn’t keep their children under constant surveillance, but when illegal drugs are involved it always better late than never.
Your kids may resent your “interference” in their lives, but it makes sense to keep tabs on what they’re up to, who they hang out with and their texting and social media habits. Your parenting may save your child from situations they can’t possibly foresee at their age.
Get Help From a Utah Juvenile Defense Attorney
If you have a child who’s already made some mistakes, don’t wait to contact a Utah juvenile defense attorney. Kids need legal help just as much as adults, but they rely on parents to make that decision for them.
Do your child and yourself a favor by talking to a Utah juvenile defense attorney today.
Tags: crime, drug, drug use, Drugs, juvenile, marijuana, offense, School, teens, underage, utah
Posted in Drugs | 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 »
