Posts Tagged ‘juveniles’

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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Posted in Drugs, School | No Comments »

Utah School Kids and Weapons

Dec
20
Simms, on the topic of  School
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There were two separate incidents this past week concerning Utah school kids and weapons on school properties.

Photo: Mauro Cateb

Teens at Cyprus High

In one situation, four Cyprus High School students were arrested for possessing dangerous weapons on school property. The four teens were discovered allegedly skipping class and in possession of pocketknives and/or brass knuckles. Police noted that the boys had not hurt or threatened anyone, but do have gang connections. They were arrested and will likely be suspended and may be sent to other schools.

Legal Definition of Dangerous Weapons on School Property

According to the state code, no one—including Utah school kids—is allowed to be in possession of any dangerous weapon, firearm or sawed-off shotgun on or around school properties. Possessing a dangerous weapon on or about school premises is a class B misdemeanor. If you decide to take a firearm or sawed-off shotgun onto school property, you’ll probably be charged with a class A misdemeanor.

There is an exception to the above law. Someone, such as a school resource officer, who is authorized by the school administrator or who has a legal right to carry such a weapon can be excluded.

Youth Carries Gun to School

In another incident, an 11-year-old boy showed up at school with a gun and allegedly threatened other students. He was also arrested and will likely be sent through the juvenile court system.

Violence in Utah is nothing new, but it can be frustrating to see Utah school kids armed with weapons. One of the best ways to help a child who’s been put into the juvenile justice system is to make sure that he is represented by a top Utah juvenile defense attorney.

Helping Utah School Kids

Contact an attorney who has a reputation for helping and defending his juvenile clients. The right Utah juvenile defense attorney may make the positive difference in your child’s case that puts him on the right track.

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Can Utah Juveniles Commit Crimes?

May
17
Simms, on the topic of  Juvenile Defense Misc
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The common sense answer to that question is obvious: of course they can. But, as in many legal matters, the technical answer is more complicated.

Utah Juveniles are Adjudicated

When Utah juveniles are charged with a crime, the law doesn’t call it a crime. Instead of being “convicted” of a crime, juveniles are “adjudicated” as delinquent.

The language of the law goes out of its way to say that juveniles are charged with committing “an act which if committed by an adult would be a criminal offense.” In fact, Utah law says that instead of being called a criminal case, a juvenile case “shall be regarded as a civil proceeding.”
But, just because juveniles are not technically charged with “crimes” doesn’t mean that they are free from consequences of committing illegal acts.

Utah Juveniles Still Face Consequences

Utah juveniles who violate the law can be placed in detention, can have a criminal record that follows them into adulthood and can be required to register as sex offenders. They can be ordered to pay fines or restitution.

Generally, the goal of a juvenile court proceeding is to help the juvenile become a productive and law abiding citizen. Unlike adult courts which may focus on punishment and deterrence, the juvenile courts try to balance accountability with an effort to help a young person get on the right track.
For that reason, a juvenile may be ordered to attend classes, complete an education, get therapy or counseling or perform community service. Under some circumstances, some juveniles might be diverted out of the juvenile court altogether and have their cases dismissed.

On the other hand, for particularly serious offenses, a juvenile may be ordered to stand trial in adult court. In those cases, the juvenile could be subject to all of the harsh penalties facing any adult criminal defendant.

Getting the Right Legal Advice

Even under less serious situations, the consequences of a juvenile court record do not necessarily disappear at age 18. If a youngster in your life is in trouble with the juvenile court, the best thing to do may be to get competent legal advice regarding your options.

There are many ways the juvenile court can help a troubled youth. The best way to make sure the
system works the right way is to get an experienced Utah juvenile defense lawyer who can help you and your child make the best choices while navigating the juvenile court process.

A good juvenile defense attorney can answer all your questions and make a huge positive difference for a young person who needs help.

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Drug Testing for Utah Juveniles

Jan
05
Simms, on the topic of  Drugs
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When juveniles in Utah have to go through drug testing with the juvenile court system, there are some recommendations that the courts suggest each child follows:

Photo: Kevin Lau

1. Always cooperate with the probation officer. Now is not the time to try and change the rules by behaving angrily or with hostility.
2. Answer questions honestly. Your probation officer will generally be able to tell if you’ve lied, so be up-front with him or her when you first walk in the room.
3. When a court has ordered that you go through random drug testing, you are required to submit to such testing as required by your probation officer. You normally have two hours’ time within which you must provide your urine sample or you will be considered in violation of a court order.
4. If your urine tests positive for drugs, you may be subject to further penalties from the Court. All test results will be given to the Court.
5. Remember to tell your probation officer about any prescribed medications you are taking. It is required, and it may have an effect on your urine sample. Be prepared to have proof from your doctor that he or she prescribed the medication.
6. You retain the right to challenge any positive drug test. This will be done at your own expense.
7. Your drug test results will not be kept a secret from your parents. You, your parents or guardian(s) and the Court will all receive a copy of the final results.

The best time to consult an attorney is at the beginning of your child’s case. Don’t wait until your son or daughter has been convicted and is forced to undergo drug testing.

You might be surprised at how helpful an effective, experienced Utah juvenile defense attorney can be in your child’s situation. Contact an attorney today if you have questions about a juvenile case your child is involved in.

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Guns and Juveniles in Utah

Dec
09
Simms, on the topic of  Utah Law
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There are a fair amount of laws surrounding minors and their use of dangerous weapons, including guns, in Utah.

Photo: sierrasportsment

Minors under 18 years old may not possess a dangerous weapon unless the following conditions are met:

• the juvenile must have permission from a parent or guardian to possess such a weapon, and
• he must be accompanied by a parent or guardian while in possession of a weapon.

If a minor under 14 years old is in possession of a dangerous weapon, he shall be accompanied by a responsible adult.

Violation of these laws is a class B misdemeanor the first time, but a class A misdemeanor any subsequent times.

One weapon that juveniles under the age of 18 may not possess under any circumstances is a handgun. With the exception of where permissible by federal law, minors under 18 may not have the following weapons:

• sawed-off rifle
• sawed-off shotgun
• a fully automatic weapon

Violation of the handgun law is a class B misdemeanor for the first offense and a class A misdemeanor for any further offenses. It is a third-degree felony for a minor to have a sawed-off rifle, sawed-off shotgun or fully automatic weapon.

Providing Guns to Violent Minors

Parents are not to give a weapon to a violent minor, regardless of the situation, or the parent will be guilty of a class A misdemeanor or third-degree felony. A violent minor is generally someone who has been convicted of a violent felony or who has been in juvenile court under circumstances which would be considered a violent felony if the juvenile was an adult.

Additionally, any parent who knows his minor has a dangerous weapon in her possession but doesn’t make reasonable efforts to take the weapon away is guilty of a class B misdemeanor.

Utah is usually considered to be a gun-friendly state, but there are times when juveniles shouldn’t have access to guns or other weapons for any reason. If your child is involved in legal problems over a gun-related issue, don’t hesitate to contact a Utah juvenile defense attorney. Let an attorney guide you through complex juvenile law and be your child’s advocate when she most needs assistance.

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Posted in Utah Law | No Comments »

Nonjudicial Adjustment in Juvenile Court

Sep
02
Simms, on the topic of  Juvenile Court
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If you know that your child is in trouble with the law, but you’re hoping there are options available besides detention, nonjudicial adjustment may be a possible answer.

Photo: Colin Grey

Nonjudicial adjustment means that the assigned probation officer may close a case without judicial determination upon the written consent of:

• The assigned probation officer; and
• The minor; or
• The minor and the minor’s parent, legal guardian or custodian.

Some conditions that may be agreed upon and included in the nonjudicial adjustment of a case are:

• Payment of a financial penalty of not more than $250 to the Juvenile Court;
• Payment of victim restitution;
• Satisfactory completion of compensatory service;
• Referral to an appropriate provider for counseling or treatment;
• Attendance at substance abuse programs or counseling programs;
• Compliance with specified restrictions on activities and associations; and
• Other reasonable actions that are in the interest of the child or minor and the community.

For some minors, detention may be the best place for them to get their problems sorted out. However, not all kids should be locked up. Most juvenile offenders just require some help getting back on the right track. Nonjudicial adjustment may be exactly what these kids need.

If your child is involved in a juvenile court proceeding, contact a Utah juvenile defense attorney right away. Like most parents, we know you want what’s best for your child. Having an attorney provide you with assistance will give you peace of mind and knowledge that your child’s case is in good hands. Don’t delay getting your child legal help.

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Work Camps for Utah Juvenile Offenders

Aug
12
Simms, on the topic of  Juvenile Defense Misc
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It often takes work to make positive changes in someone’s life. That can be the case for delinquent juveniles, as well. The Juvenile Justice System has the ability to assign juveniles to work camps where the kids are required to do basic physical labor.

Photo: Hannah and Simon

Work camps are non-secure residential youth programs with projects that are contracted to government agencies. Work projects can also assist senior citizens, charities, community fundraisers and other special needs programs.

Delinquent youth can be assigned to work camp when other methods of assistance or rehabilitation have failed. Youth who are violent or predatory, have a history of psychological or emotional problems, those who are a suicide risk or those youth who are taking medication for depression are not eligible for work camps.

Some of the benefits of work camps are:

• Actual work hours spent by a juvenile can be credited towards the juvenile’s restitution account;
• Youth can learn what it feels like to serve others, sometimes the less fortunate;
• Kids are given the opportunity to work until a project is completed. They may be painting fences, doing light construction, mowing lawns, etc.

Many parents today are dealing with kids in crisis, not because their children don’t have enough but because kids often have way more than they need. Teaching kids the value of work before they get into the juvenile justice system may save them much heartache. It’s good to know, however, that the juvenile justice system is trying to think outside the box when it comes to helping delinquent juveniles get back on the right track.

Take time to put your kids to work. Assign them household tasks that they can accomplish, giving them a sense of purpose. Helping around the house today may make a big difference tomorrow in keeping your kids out of trouble.

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Posted in Juvenile Defense Misc | No Comments »