Posts Tagged ‘Juvenile Court’

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Juveniles Admit Committing Arson in Utah

May
16
Simms, on the topic of  Utah Law
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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.

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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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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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Overview of Utah Juvenile Court

Feb
28
Simms, on the topic of  Juvenile Court
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Today we’re going to give you an overview of what types of cases are handled in Utah juvenile courts and the rights of the youth in juvenile court.

Photo: Shockingly Tasty

Juvenile Court Cases

Kids who get into legal trouble over the following issues will likely have their case heard in juvenile court:

• Class A misdemeanors and Felonies
• Class B or C misdemeanors and Infractions
• Tobacco and Alcohol violations
• Any other infractions or misdemeanors specified by juvenile court judges
• Curfew
• Class B misdemeanors or traffic violations (for kids under 16)
• Boating laws
• Fish and Game laws

A Juvenile’s Rights

Kids do have rights in Utah juvenile courts. They include the right to:

• Appear in person to defend yourself
• Have a lawyer represent you or have one appointed to help you if you can’t afford to pay an attorney.
• Know what the state is accusing you of having done
• Not incriminate yourself
• A speedy trial and time to prepare for a defense
• Tell your own story and have witnesses tell their version of events
• Ask questions of people who are accusing you of wrongdoing
• An appeal; if you believe a higher court may not agree with the lower court’s decision to find you guilty

If you have more questions about either the types of cases handled in juvenile court or the rights of a child, it makes sense to contact a Utah juvenile defense attorney. Attorneys spend many years in school learning about the law and numerous hours throughout their careers continuing to enhance their legal knowledge in order to provide their clients with the best defense possible. Do your child a favor and talk to a Utah juvenile defense attorney today.

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Be on the Lookout for Kid Burglar in Utah

Feb
07
Simms, on the topic of  Juvenile Defense Misc
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Police are on the lookout for a couple of people: one reportedly a kid burglar who allegedly accompanied another person to steal from a Utah home back in December.

Photo: elhombredenegro

Kid Burglar Strikes–But Not Alone

A homeowner contacted police after she arrived home in mid December to find two people in her house. The alleged burglars, one of whom is believed to be a juvenile between 8 and 12, fled the premises with an expensive camera and thousands of dollars worth of jewelry. They are still at large, and the homeowner is offering a reward in conjunction with the capture and conviction of the thieves.

It’s not too often that we see evidence of a kid burglar in Utah, but if he is caught he will likely be charged with committing serious juvenile offenses, including burglary and theft. As we’ve previously noted, juveniles who are accused of offenses are normally handled in juvenile court. Juvenile courts in Utah handle kids’ cases much differently than adults are treated in district courts.

Have an Attorney Represent Your Child

Authorities hope that kids will be more likely to not reoffend if given proper attention and appropriate consequences in relation to their offenses. Even though we hope that juveniles will be treated fairly, it is in a child’s best interest to be represented by a Utah juvenile defense attorney who will fight for the child’s rights.

If you have a child, whether he’s accused of being a kid burglar or another offense, contact an experienced Utah juvenile defense attorney right away. Don’t leave your child’s future to chance. Hire an attorney who will see that your child’s rights are protected, regardless of the charges he’s facing.

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Expungement of Utah Juvenile Court Record

Nov
29
Simms, on the topic of  Juvenile Court
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There are times when a person with a Utah juvenile court record may wish to apply for expungement of that record. Having your record expunged means that you petition the court to either destroy or seal your juvenile court record, making the record unavailable to either state or federal officials. A benefit of expungement is that you don’t have to worry about mistakes that you made as a youth “follow” you throughout adult life.

Photo: Harris Walker

Qualifications to Apply for Expungement

Two things must have happened before you can apply to have your record expunged:

• You must be 18 years old
• One year has to have passed since the date the juvenile court terminated jurisdiction over you or since you were unconditionally released from the custody of Juvenile Justice Services

The person applying for expungement must also provide the court with documentation related to the offense and a copy of the original criminal history report from the Bureau of Criminal Identification, as well as send a copy of his expungement petition to the pertinent county or district attorney.

What Rules Must the Court Follow?

A hearing will be set by the court and people with applicable information about the person requesting expungement may be allowed to testify, such as the county attorney and victim.

Before granting an expungement request, the court considers the person’s rehabilitation efforts, current behavior and the nature and seriousness of the original misconduct, amongst other issues.

There are situations that will impede a person’s request to have his records sealed, including:

• Aggravated murder
• Murder

Request Assistance from a Utah Juvenile Defense Attorney

If you desire to have your or your child’s Utah juvenile court record expunged, it would be prudent to contact a Utah juvenile defense attorney. Allowing an attorney to help you understand the procedures involved may make you and your child’s experience much more successful.

Call a Utah juvenile defense attorney if you have any questions or concerns about a juvenile matter you or your child is involved with.

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Utah Juvenile Court Appearance Rules

Oct
18
Simms, on the topic of  Juvenile Court
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There are several rules concerning the appearance of juveniles and guardians in a Utah juvenile court. There are consequences if you or your child choose to not attend court when requested.

Avoiding a Bench Warrant

One potential problem you face is that a bench warrant may be issued. A judge can request a bench warrant for many situations, including failure to appear in court.

When a juvenile is required to appear in court, his parent, guardian or other person who has legal custody must also be in attendance unless excused by the judge.

Give Your Employer Notice of Court Date

If you have to go with your child to a Utah juvenile court, your employer has to allow you the time off, though not necessarily with pay, as long as you give appropriate notice.

If you have signed a written promise to appear in court with a minor and you don’t show up, you can be arrested and charged with a misdemeanor. That misdemeanor charge will be handled in the appropriate district court setting.

Who Is a Guardian Ad Litem?

When neither a parent nor a guardian go with their child to court, the juvenile court judge may appoint a guardian ad litem. A guardian ad litem is (usually) an attorney who is employed by the state whose responsibilities include protecting the interest of a child.

An arrest or bench warrant may be issued for any parent, guardian, other custodian or minor when:

• A summons is issued but can’t be served
• The court can tell that the person to be served won’t obey the summons
• Serving the summons won’t have any effect
• The welfare of the minor is at stake and it’s imperative that the court take immediate custody

Talk to a Utah Juvenile Defense Attorney

Don’t wait to contact a Utah juvenile defense attorney if your child is facing any charges in Utah juvenile court. It is in your child’s best interests to have legal representation by an attorney who has experience handling kids’ court cases. Make the right phone call today.

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Juvenile Court 2012 Community Report

Sep
27
Simms, on the topic of  Juvenile Court
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Each year the Utah Juvenile Court system prepares a community report to update Utah citizens about how things are progressing in the juvenile legal system. Since the juvenile court system is primarily concerned with helping kids, victims and reducing the rate of re-offending, the information contained in the community report is used to track how kids are doing in our state.

Photo: Bree Bailey

Juvenile Court Referrals

Juveniles can be referred to juvenile court by different agencies including the police and schools. Delinquency referrals can be for:

• felonies
• misdemeanors
• contempt of court
• status
• infraction
• traffic offenses

The community report notes that the majority of referrals to juvenile court in 2011 were for misdemeanors or contempt offenses. Felonies accounted for just 6% of the delinquency referrals. Felony referrals in 2011 were 5.8 per 1000 juveniles (ages 10-17), which is a slight decrease from the previous year.

Keeping Track of Re-Offenders

Another part of the community report discusses re-offending. Among male juveniles in 2009, 64% didn’t re-offend while for females in the same year, 73% weren’t re-offenders. One of the main goals of the juvenile court system is to help kids not commit crimes again.

Drug Testing

Drug testing is an additional gauge used to see how kids are doing. In 2011, 83% of females tested negative for drugs—a decline from 2010. Males, on the other hand, went from 81% testing negative to 82% testing negative for drugs.

Restitution for Juveniles

Restitution can be a requirement for some offenders in juvenile court. In 2011, $795,000 was repaid to victims of juvenile offenses. Having people, whether kids or adults, give back positively to victims of their crimes can be a good way to help everyone see that crime truly doesn’t pay.

Juveniles should generally be treated as such, which is why it’s good to know there are some people watching out for the rights of kids. In the same vein, it’s vital that your child be represented by a qualified, experienced Utah juvenile defense attorney if he is ever involved with the juvenile court system. An attorney can be a valuable resource and defender for a child in the court system, regardless of the charges he’s facing.

Help your child by contacting a Utah juvenile defense attorney today.

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Utah Teen Charged with Murder

Sep
20
Simms, on the topic of  Juvenile Defense Misc, Violent Acts
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A Utah teen has been charged with first degree felony murder after he allegedly shot his stepfather in the head and the man died as a result of his wounds.

How Can a Juvenile Be Charged as an Adult?

The teen is now facing murder charges in district court. It can be fairly complicated to have a juvenile charged as an adult in Utah. First, the prosecution has to ask the juvenile court for a hearing to consider the request to have the juvenile tried as an adult. Then, a juvenile court judge must agree to turn the case over to district court.

Possible Punishments

When a juvenile is tried as an adult, he is subject to any punishment that would normally only be available to someone 18 years old or older. If a juvenile is found guilty of murder in juvenile court, the maximum sentence he can receive is spending time in detention until he’s 21 (in addition to any other consequences imposed by the court).

Juvenile Court or District Court?

Whether or not it’s right to try a juvenile as an adult is a difficult question, with people on both sides of the discussion. Some people believe that treating a child as an adult may increase the chances of that child continuing a life of crime, while others may think that certain crimes deserve strong punishments regardless of the person’s age.

If you have a child involved in the criminal justice system, it’s vital that you discuss his case with a Utah juvenile defense attorney. Some kids are particularly troubled, while others just make mistakes that need gentle correction. Don’t leave your child’s future to chance. Contact a Utah juvenile defense attorney today and help your child get back on the right track.

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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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