Posts Tagged ‘detention’

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Utah Teens Charged with Murder in District Court

Apr
11
Simms, on the topic of  Violent Acts
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Two Utah teens have been charged with first degree felony murder in a case that has surprised local authorities.

Photo: Jim Trodel

Why Adult Court?

The two 16-year-olds’ cases will be handled in adult court, a move that doesn’t happen regularly in Utah. Utah teens are usually adjudicated in juvenile court, but there are certain crimes that can be remanded to district court if the circumstances seem appropriate.

Another Charge

The teens have also been charged with obstruction of justice, which is a second degree felony. The two young men are accused of being involved with the death of a man whose body was discovered in the Colorado River last weekend. The man appeared to have been shot, although the exact cause of death isn’t publicly known at this point in time.

When a youth is found guilty of committing an offense in juvenile court, he may: serve time in a detention facility, have work hours to accomplish or other consequences placed upon him. However, when a teenager is tried in district court, he will be treated as an adult and could find himself serving a lengthy prison sentence if found guilty of a crime.

Penalty for Murder

A person convicted of first degree felony murder in Utah is required to serve an indeterminate prison sentence of at least 15 years and as long as life; a judge doesn’t have the authority to reduce the sentence to anything lower than a minimum of 15 years.

These two Utah teens are in a tough spot; hopefully they have consulted with a Utah criminal defense attorney who has experience handling murder cases.

Help Your Child by Hiring the Right Attorney

For most legal situations involving kids, however, it’s a good idea to talk to a Utah juvenile defense attorney as soon as possible. Hiring an attorney who is skilled in helping juveniles may be the best way to help your son or daughter in their court case.

Don’t just hope that things will turn out for the best for your child. Contact a Utah juvenile defense attorney today.

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Teen Conspiracy and Drugged Milkshakes

Jan
10
Simms, on the topic of  Drugs, Juvenile Defense Misc
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A conspiracy involving drug-spiked milkshakes sent two California parents to dreamland while their teenage daughter and a friend had unlimited Internet access.

Photo: jamieanne

Using the Internet Past Curfew

Apparently the girl wanted to use the Internet past her curfew, so in order to facilitate her wishes, she and her friend put prescription sleeping pills in a couple of shakes and gave them to her parents. The girls were arrested and booked on suspicion of conspiracy and purposefully mixing drugs with food, while waiting to find out if they’ll officially be charged with a crime.

What is Conspiracy?

In Utah, conspiracy is an inchoate offense, and you may be guilty of conspiracy when you agree with one or more people to engage in conduct and any one of the “group” commits an overt act to try and further the conspiracy—all along intending that a crime be committed. Except when the offense is a capital felony, a felony against the person, arson, burglary or robbery, a person doesn’t actually have to commit an overt act in order to be charged with criminal conspiracy.

As we’ve noted in the past, the Utah juvenile justice system is designed to assist in rehabilitating juvenile offenders, not to send them to prison or jail for lengthy sentences. It’s important that kids who show remorse be given the chance to try and redeem themselves and make reparations for negative behavior. Given the opportunity, most kids will work to turn their lives around and get back on track.

Hire a Utah Juvenile Defense Attorney

This is why it’s vital that you contact a Utah juvenile defense attorney if you have a child who has been arrested for any offense. Help your child reach his potential and get the best legal outcome possible by having him represented by a top Utah juvenile defense attorney.

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Posted in Drugs, Juvenile Defense Misc | No Comments »

Utah Juvenile Stabs Mother

Dec
13
Simms, on the topic of  Juvenile Defense Misc, Violent Acts
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A 16-year-old Utah juvenile girl is being questioned following an incident where she allegedly stabbed her mother multiple times.

Photo: Chris Davis

It’s reported that the incident followed an argument between the girl and her mother; the mother apparently received surgery but is expected to recover. It is also believed that the Utah juvenile will be booked into juvenile detention.

Aggravated Assault

It’s possible that the girl will be charged with the offense of aggravated assault. When a person commits assault and uses a dangerous weapon, he can be charged with aggravated assault. If a victim is seriously injured, the charge is usually a second degree felony. Keep in mind, however, that Utah juveniles are usually charged with an offense as opposed to a crime.

While this offense is serious, kids often make mistakes that they wouldn’t make as an adult. When tempers flare, situations can easily get out of hand. Even though this Utah juvenile may have committed an error, it doesn’t mean she can’t be helped.

Let a Utah Juvenile Defense Attorney Help your Child

If your child has been charged with any offense, don’t wait to contact a Utah juvenile defense attorney. When kids are charged with juvenile offenses, they need and deserve to have expert legal representation. Don’t assume that just because they’re kids they’ll automatically be treated fairly.

Make the right decision and call a Utah juvenile defense attorney today. Look for an attorney who has experience in defending juveniles and who is successful. Hiring the right attorney immediately may help your child’s case resolve in the best way possible and may also be the best choice you can make, both for your child and your entire family.

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Utah Juvenile Home Detention Q & A

Nov
23
Simms, on the topic of  Juvenile Defense Misc
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If you are the parent of a Utah juvenile who’s remanded to home detention, you’ll probably have questions about what can and cannot take place during that detention.

Photo: gfpeck

Some Utah juvenile court judges place youth in home detention if they meet certain qualifications. It is possible for a judge to sentence a Utah juvenile to as much as 30 days of home detention.

Here are some answers to questions you may have about your child’s home detention:

Your child is able to go any place where you (the parent) are supervising. However, your child’s judge must approve of any travel out of Utah.

Friends who are good influences are allowed at your home to visit your child, as long as there are only one or two friends at a time and you are supervising the visits.

Some parents may have times that they need to have another adult, such as a relative, supervise their youth on home detention. In those cases, there needs to be appropriate authorization from the case manager or counselor handling the detention.

Kids on home detention may be allowed to drive themselves to work if they have the appropriate license, attitude and behavior. Additionally, they must not have committed certain offenses (discuss this with your child’s case manager).

Even though you may have older, more responsible kids at home, they are not allowed to take the place of parental supervision for any Utah juvenile on home detention. You are expected to supervise your child at all times.

Above All, Make Sure Your Child has the Right Legal Advice

You may have additional questions concerning your child’s situation that cannot be answered simply. If that is the case, contact an experienced Utah juvenile defense attorney as soon as possible. Regardless of the phase your child’s case is in, you can benefit from the advice and assistance a top Utah juvenile defense attorney will provide.

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Utah Juvenile Justice System

Nov
15
Simms, on the topic of  Utah Law
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A young person who commits an offense and is arrested by police is automatically involved in the Utah juvenile justice system. There are certain processes which are then followed for each child in the system.

Photo: bloomsberries

The police have a few different options for handling kids who’ve been arrested. They may:

• Take the child to a receiving center
• Make a referral to Youth Services
• Take the child’s name and give them a warning

Additionally, a juvenile may be required to see an intake probation officer about his offense. The probation officer will then decide what further steps—if any—need to be taken.

If a juvenile is arrested and booked, he will have to go to regular detention or be assigned home detention, depending on the judge. It is mandatory that a child receive a detention hearing within 48 hours. This is different than a regular court hearing. A juvenile’s guilt or innocence is determined at a court hearing, as well as any punishments that are to follow. Some possible consequences include:

• Fines
• Payment of restitution to victims
• Probation
• Detention
• Work camp

Serious Utah juvenile offenders may be transferred to the jurisdiction of adult court.

If a juvenile is placed under the custody of juvenile justice services, he receives a case manager. Then, the child may be required to secure care, observation and assessment or some other type of community placement.

When a child goes to observation and assessment, he spends 45 days in that program before returning to court and final determination, or a decision on placement.

Juveniles placed in secure care are handled by the Youth Parole Authority, who determines what services the child needs while in YPA custody.

While there are certain steps the state must follow when handling juveniles who are guilty of certain crimes, it is vital that any child in the juvenile system be represented by his own Utah juvenile defense attorney. Make sure that your child receives the legal help and support he needs by contacting an experienced Utah juvenile defense attorney today.

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California Changes Law for Prisoners Sentenced as Juveniles

Nov
08
Simms, on the topic of  Juvenile Defense Misc
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We previously reported on a United States Supreme Court decision that changed the law for prisoners sentenced as juveniles who weren’t given the chance of parole in their sentence. Now, the California governor has signed a bill that allows inmates sentenced to life without parole in prison as juveniles to ask a judge to reconsider their sentence after they serve at least 15 years in prison.

Photo: s-k-

Law Change for Prisoners with No-Parole Sentence

The change in California law will give prisoners who show remorse and are working towards rehabilitation the opportunity to have their no-parole sentence reduced to 25-years-to-life if a judge agrees. There was opposition to the bill from the state’s law enforcement and victim’s rights agencies, but the bill’s sponsor feels that some people deserve a second chance—particularly when they made bad choices as juveniles.

Kids Keep Growing and Changing as they Mature

Many people realize that kids’ ability to control emotions and impulses grows as they mature. Giving a person who made a serious mistake as a youth another chance may be a good decision. While it’s impossible to know what choices that individual will make in the future, hopefully those people involved in the justice system will be able to identify the inmates with the greatest potential for rehabilitation.

What do you think? We know there are people on both sides of the issue, some who want to lock the door and throw away the key and others who feel people can change. It’s an interesting question, not necessarily easily answered.

Let a Utah Juvenile Defense Attorney Help Your Child

One thing is for certain: if you have a child who’s become involved in the juvenile justice system, don’t wait to contact a Utah juvenile defense attorney. Sometimes there are things that can be done before a child’s case becomes so serious that he is in adult prison—or even juvenile detention. Let an attorney be your child’s advocate with law enforcement and the court. It may make all the difference to you and your child.

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Juvenile Judges Have Discretion

Aug
30
Simms, on the topic of  Juvenile Court
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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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Juvenile Delinquency Court Process

Apr
19
Simms, on the topic of  Juvenile Court
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Once your child is charged with a law violation, he will be involved in the juvenile delinquency court process. The police department sends a referral to the juvenile court and then depending on the charge, his case may fall into one of a variety of process levels.

Photo: Joe Loong

1st Level—Bailable Offense: This covers most youths under 16 for the following problems: most traffic offenses, park and recreation offenses, wildlife violation and other minor infractions.

2nd Level—Citation Diversion Unit: This level is for a youth’s first to third time at Juvenile Court and includes all other offenses that are a class B misdemeanor or lower. Your child will receive a date and time to appear in Juvenile Court from a police officer or a letter requiring his attendance at a class.

3rd Level—Preliminary Inquiry: These include all levels that are not covered by the Citation Diversion Unit, class B misdemeanor or higher. A probation officer will provide you and your child with a letter detailing the date and time of a meeting.

4th Level—Arraignment: Your child will be required to come to court for an arraignment for juvenile delinquency if he’s failed to attend his CDU or Preliminary Inquiry or if there’s been other non-compliance issues. The court will send a notice of hearing.

5th Level—Pretrial: A Pretrial hearing will be held if your child denies the charges or has an attorney.

6th Level—Trial: If you and your child meet with a deputy County Attorney concerning the case and cannot reach an agreement a trial will be held and your child will have the opportunity to call witnesses in his behalf. It would be prudent to have an attorney who is familiar with the law handle your child’s trial.

A parent or guardian is required to attend every part of a juvenile delinquency court proceeding, whether it is a meeting, trial or any other court-ordered event. Your attorney should also be present at any hearing, meeting, etc.

Take advantage of the opportunity to have an experienced Utah juvenile defense attorney take care of your child’s case. Any charges against a youth are worth the time spent consulting a juvenile defense attorney, and may mean the difference between detention or probation for certain offenses.

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Chemical Bomb Explodes at a Utah High School

Apr
12
Simms, on the topic of  School
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Instructions for just about everything on the internet abound, including how-to’s for creating your own chemical bomb. However, just because you can find out how to make a chemical bomb easily doesn’t mean you should follow through with the experiment, as two Bountiful High School students recently discovered.

Photo: maticulous

Chemical Bomb Explosion Leads to Arrests

The high school was placed on lockdown status yesterday after a homemade chemical bomb exploded in one of the school’s foyers. No one was hurt, but the two students were arrested after police investigated the incident. The two apparently left some other chemical bombs in other locales as well, including one that exploded in a church parking lot. Police indicated that the two students probably weren’t planning to hurt anyone, but law enforcement does take the behavior seriously.

One of the two involved in exploding the chemical bombs is 18 years old and was taken to the local county jail, since he is legally an adult. The other student is just 16, so she went straight to detention.

Chemical Bomb Presents Danger to Anyone in the Vicinity

Using an incendiary device is a second-degree felony in Utah. Each chemical bomb in this case was full of hydrochloric acid, which presents a danger to anyone caught in the explosive fall-out.

Since most teenage pranks are harmless, these kids may not have fully realized the danger that their chemical bombs presented to others or even themselves. Hopefully their parents will understand the importance of hiring an attorney to represent each youth in order to make sure the kids are treated fairly. We don’t condone violence, but we do believe every person—juveniles and adults alike—deserve equal representation when it comes to criminal matters.

If you need to look for a Utah juvenile defense attorney for your child you should consider the attorney’s previous experience and hire someone who has a reputation for serving his or her clients effectively. Criminal charges of any nature are best handled by an attorney who knows how to get the job done right.

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Home Detention for Utah Juveniles

Feb
16
Simms, on the topic of  Juvenile Defense Misc
0comment

If you have a child facing home detention as ordered by a Utah juvenile court judge, here are answers to some questions you may have.

How Long is Home Detention?

If a child meets certain qualifications, he may be ordered to serve his detention at home as opposed to a locked detention facility. A judge will decide the length of your child’s sentence in home detention; it could be as long as 30 days.

Can My Child Go Anywhere With Me?

Your child can go anywhere with you (the parent). However, if you plan to go out-of-state you must receive permission from a judge.

May My Child Have Friends in the Home While in Detention?

Your child may have 1 or 2 friends who are positive influences visit them in your home. You are expected to supervise such visits and approve any friends prior to their visit.

Can My Child be Taken to a Relative’s Home for Supervision?

Your child may visit a relative’s home if his case manager or home detention counselor authorizes the temporary arrangement.

Is My Child Allowed to Drive Himself to Work While on Home Detention?

It depends on the charges against your child, his attitude and his behavior. Your child must also possess a driver’s license.

Can an Older Sibling Supervise My Child?

No. A parent must supervise a child who is under Home Detention.

Serving detention of any type will not likely be your child’s first choice. However, home detention is generally preferable to locked detention. If your child’s case is in process and you have not yet consulted a Utah juvenile defense attorney, don’t wait any longer.

An attorney can be your child’s advocate in all aspects of his or her court experience. Having an attorney represent your child may mean the difference between what type of detention he serves, if any. Do your child and yourself a favor by contacting a Utah juvenile defense attorney today.

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