Posts Tagged ‘law’
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 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 »
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.
Tags: felonies, infractions, juvenile, Juvenile Court, law, misdemeanors, rights, rules, utah, violations
Posted in Juvenile Court | No Comments »
A Utah teen was sent to a local youth detention facility after she allegedly committed arson at the junior high school she attends.
Photo: Erich Stussi
Footage from the school’s security system helped identify her, but her name has not been released to the public. The fire started in one of the girls’ bathrooms and caused the entire school to be evacuated until the fire was extinguished by the school’s principal. Fortunately, no one was injured.
When a Utah teen is arrested by law enforcement, he is usually considered to have committed an offense, not necessarily a crime. Except in more extreme cases, juveniles are not treated as adults—although juvenile judges do refer to Utah law when it comes to determining the type of offense committed by a Utah teen.
In Utah, a person is guilty of arson if he uses fire or explosives to illegally and intentionally damage the property of another person or with the intention to defraud an insurer. If the damage from an act of arson is or exceeds $5000, the charge is normally a second degree felony. The charge may be as low as a class B misdemeanor is the damage is less than $500.
If your Utah teen has been charged with committing an offense, don’t wait to contact a Utah juvenile defense attorney. Any child going through the Utah juvenile justice system needs and deserves expert legal representation, regardless of what they may have been charged with. Get your child the help that may make a long-term difference in his life; call a Utah juvenile defense attorney today.
Tags: arson, attorney, crime, fire, juvenile, law, lawyer, minor, offense, teen, utah
Posted in Utah Law | No Comments »
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.
Tags: child, crime, detention, justice system, juvenile, juvenile justice, law, offense, utah
Posted in Utah Law | No Comments »
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.
Tags: crime, detention, juvenile, law, parole, prisoner, serious offender, utah, youth
Posted in Juvenile Defense Misc | No Comments »
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.
Tags: crime, infraction, juvenile, Juvenile Court, law, offender, restitution, utah
Posted in Juvenile Court | No Comments »
The Case
The Utah Court of Appeals ruled today that charges for supplying alcohol to minors should not have been dismissed against Xavier Morrison. The trial court dismissed the charges initially, reasoning that charging an 18-year-old with supplying alcohol to other 18-year-olds (who were actually slightly older than Mr. Morrison) would create an “absurd result.” The trial court interpreted the law against supplying alcohol to minors as meant to protect minors, not to be a basis for prosecuting them.
The court of appeals agreed that the law prohibiting supplying alcohol to minors was meant to protect minors but unlike other cases applying the “absurd result” doctrine, the crime here involves a clear perpetrator and victim so prosecuting the perpetrator is okay. Mr. Morrison obtained the alcohol on his own by doing a “Hey Mister,” where a minor asks an adult to purchase the alcohol for them. The court of appeals limited its decision to where the minor being charged was clearly the supplier–leaving open whether a minor could still be charged for supplying if the other minors participated in getting the alcohol.
For the full opinion click here: State v. Morrison
Underage Drinking and Supplying Alcohol
This case creates a good opportunity for parents to remind their kids, and to remind young adults in general, that underage drinking can have serious legal consequences. If a minor is caught supplying alcohol to their friends, not only will they be cited for underage drinking, they could also be charged with supplying the alcohol, a class A misdemeanor if they know their friends are underage.
If your minor is caught drinking underage, don’t hesitate to call an experienced juvenile and criminal attorney to help!
Tags: Alcohol, appeal, attorney, court, crime, Hey Mister, juvenile, kids, law, teen, teenager, utah, youth
Posted in Alcohol, Drugs, Juvenile Defense Misc, Utah Law | No Comments »
