Posts Tagged ‘Felony’

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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 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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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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Rethinking Youth Crime with the Drop in California Serious Youth Crime Rates

Nov
29
Utah Criminal Defense Attorney, on the topic of  Drugs, Juvenile Defense Misc
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A research brief just published by the Center on Juvenile and Criminal Justice examines why the serious crime rates among youth in California have dropped substantially in recent years. Although logic suggests that drug crime rates would fall with the changes in drug laws, the crime rates for violent and property felonies, homicide, and misdemeanors in general also decreased.

Overall, California serious youth crime rates have fallen faster than national rates in the last 40 years.

The researchers were only able to positively correlate the crime decline with two factors: (1) the 2011 change in marijuana law, downgrading low-level possession from a misdemeanor to an infraction; and (2) improvements in the economic well-being of California’s youth. Even these correlations though were moderate. This suggests that policy-makers need to re-think “the often emotional and increasingly unfounded rhetoric now used to characterize young people, violence, and crime.” In particular, California’s drop in youth crime shows “that contrary to conventional notions, more youth and increasing racial and ethnic diversity do not lead to more crime” because California has the most diverse youth population and now has the lowest offense level ever reliably calculated.

For the full brief click: CA_Youth_Crime_2011.

The truth is that many factors influence youth propensity to commit crime and many factors may make legal intervention more or less successful.  For those with a child or teen that has already been arrested and is involved in the justice system, contacting an experienced juvenile attorney may make the difference in getting them back on 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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Utah Teen Pleads Guilty to Manslaughter

Jun
28
Simms, on the topic of  School, Violent Acts
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A young Utah man who was just 16-years-old when he shot and killed a fellow Kearns High School student has pleaded guilty to a reduced charge of manslaughter.

Photo: kcds TM

The now 19-year-old has spent the last three years in custody while awaiting trial. His attorney and the prosecutors recently agreed on a plea deal, which includes a promise from the prosecution that they will recommend the manslaughter charge be reduced to a third-degree felony at the young man’s sentencing hearing in August. Manslaughter is normally charged as a second-degree felony. As part of the plea agreement, prosecutors dropped the other charges against the teen.

Reports indicate that the teenager may not have been trying to kill anyone when he fired his gun in the victim’s direction. Nevertheless, the suspect’s attorney agreed that a life was taken and his client was the one with the gun.

The defense attorney will not make a request that his client be credited for time served at the August sentencing. However, he is free to ask the Utah Board of Pardons and Parole for that consideration.

This case is an excellent example of why all juveniles charged with a crime should be represented by a Utah juvenile defense attorney. The young man in question was facing a murder trial, and now will serve a maximum of five years in prison if the court grants the third-degree felony change request.

Everyone deserves legal representation and kids are no exception. In many cases juveniles can make positive changes in their lives and don’t need excessive confinement. If your child is in legal trouble, take the time to contact a Utah juvenile defense attorney.

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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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Bottle Bombs are No Laughing Matter

Mar
15
Simms, on the topic of  Violent Acts
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Although you can find instructions on the internet to make just about anything, including bottle bombs, that doesn’t mean it’s always a good idea or even legal. In fact, bottle bombs can actually be quite dangerous and have been known to cause severe injuries to the people who’ve been unlucky enough to be around when a bottle bomb detonates.

Photo: Arria Belli

Current Bottle Bomb News

In January, teens in the San Diego area pleaded guilty to misdemeanor charges related to possession of a destructive device. Also, police in Maryland are currently frustrated by the explosion (pardon the pun) of bottle bombs that keep popping up in various communities in the state. A case in Utah was recently settled concerning a bottle bomb filled with dry ice.

What Goes Into a Bottle Bomb?

Part of the problem with bottle bombs is that the creators sometimes fill them with caustic chemicals which can cause burns. Even if the bottle just contains non-toxic fluids, the explosive nature can break apart a plastic pop bottle, turning it into shrapnel-like pieces. Kids may think they’re just having a bit of fun, but the fun can turn into criminal charges.

Felony Charges Await Bottle-Bombers

In Utah, a person—juvenile or adult—can be charged with a first-degree felony if he uses an explosive or incendiary device (which includes bottle bombs) to injure someone, attempt to injure someone or someone’s property.

In other words, you may want to think twice before creating your own homemade bombs and leaving them lying about or planting them specifically to cause some mayhem. Law enforcement doesn’t take attempting to blow things up lightly.

Utah Juvenile Defense Attorneys Can Help

If your child has a proclivity to experimenting, you may want to get him or her into the right science class or club at school where they can safely explore what happens when you mix certain ingredients together. If all else fails and your child has already run afoul of Utah law, don’t wait to contact a Utah juvenile defense attorney. Don’t leave your youngster in the hands of the State without giving them someone to speak on their behalf. Take the time and make that important phone call today.

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Utah Teen Commits Drive-Up Armed Robbery

Mar
01
Simms, on the topic of  Violent Acts
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A 16-year-old boy is under arrest after committing armed robbery at two Utah County banks last Saturday—through the drive-up.

Photo: cjc4454

Drive-Through Armed Robbery

The young man allegedly sent a note through the drive-up canister at the first bank saying he had a weapon and demanding money. The teller sent him an undisclosed amount of money and he drove off. Possibly since the first try worked so well, 20 minutes later he used the same technique at another bank, again receiving money through a drive-up canister.

Tellers were able to give law enforcement descriptions of the vehicle, which police found abandoned a short distance away. They soon saw the teen walking down the road. The teen was arrested and is in juvenile detention, facing two second-degree felony charges of armed robbery.

Juvenile or Adult?

Whether the young man will be charged as an adult or remain in juvenile court is up to a juvenile court judge. The prosecutor files a request with the juvenile court to certify the youth an adult, and the judge makes the decision whether the teen remains in juvenile court or the case is transferred to district court.

If he is charged as an adult he could spend a significant amount of time incarcerated in prison, since second-degree felonies can carry a 1-15 years penalty. If he remains in the purview of the juvenile justice system, his case will be handled differently, although he might still spend time in juvenile detention.

Let an Attorney be your Guide

When any youth is in this type of situation, it is vital that he be represented by a juvenile defense attorney. An attorney can be a tremendous help by navigating the legal system on behalf of the child and his or her parents. Attorneys are trained to deal with law enforcement and the courts, and may well be the best advocate a youth can have.

Contact a Utah juvenile defense attorney today if your child is facing any legal charges. It may be the most important phone call you’ll ever make.

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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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