Posts Tagged ‘misdemeanor’

Utah Teen Arrested After Divulging Hit List

May
02
Simms, on the topic of  School
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A 14-year-old has been arrested after one of his teachers noticed what he considered strange behavior by the Utah teen.

Photo: Brendan DeBrincat

The young man, who claims he’s been bullied, had a “hit list” with several names on it in his possession at school. He allegedly planned to stab the people on his list, but police noted that he didn’t have a knife on him when he was arrested.

The Utah teen is being investigated for six counts of harassment and six counts of making threats against life or property—misdemeanors. After being booked into juvenile detention, he was released into the custody of his parents.

Harassment can be charged in Utah if a person, intending to frighten or harass someone else, communicates a written or recorded threat to commit any violent felony. Harassment is a class B misdemeanor.

A person is only justified in threatening force against another person if he reasonably believes that threat is necessary to defend himself or someone else against another’s use of imminent force. In other words, if Bill threatens to assault Joe and his friend Mike with a baseball bat, Joe is entitled to threaten to punch Bill if he attempts to use the bat.

Interestingly, the city police chief stated that this Utah teen has been bullied but feels he’s been a bully as well. It looks like there needs to be some investigation into what’s going on with some of the students at that school.

Talk to a Utah juvenile defense attorney if your child has been arrested or is being investigated for any offense. It’s important that the entire story be told and not just from the point of view of the alleged victims.

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Stages Of A Juvenile Case

Dec
07
Angela, on the topic of  Juvenile Court
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The stages of a juvenile case follow a general pattern, and it is never too early to contact and hire an attorney for guidance through the juvenile justice system. It is best to hire an attorney during the investigation phase because an attorney may help prevent charges from being filed, or possibly work out a resolution to the case very early on.

During the investigation phase a 911 call may have been made and a police officer or detective responds to the scene to investigate whether a crime has occurred and if so, who committed the crime. It is advised to speak with an attorney before talking to a law enforcement officer.

 Misdemeanor Cases

In a misdemeanor case an arraignment occurs where the defendant either pleads guilty or not guilty. If a defendant pleads not guilty, then a pre-trial conference is set. A pre-trial conference allows a prosecutor and a criminal defense attorney an opportunity to talk about resolving the case. If the case cannot be resolved, then a motion such as a motion to suppress may be filed and/or the matter may be set for trial.

 Felony Cases

In a felony case, a judge will generally not accept a plea of guilty but rather will simply enter a plea of not guilty and allow time to consult with an attorney. This is the first opportunity for defendants who cannot afford to hire their own attorney to request that a public defender be appointed to represent them. In addition to this process, other issues may be addressed; such as a request that the amount of bail required for release be reduced or that the defendant be released either on his or her own recognizance or to pretrial services.

In felony cases only, a defendant has the right to a preliminary hearing. The purpose of the preliminary hearing is to determine whether there is sufficient evidence for the prosecutor to proceed with the case to trial.

After a preliminary hearing or a motion, then the case may go to trial. At trial the prosecutor will present evidence through witnesses, and the defendant may or may not testify.

The preceding information is a general overview of the criminal justice system but for specifics about criminal cases, an attorney must be contacted.

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Utah Teens Who “Sext”

Jun
17
Simms, on the topic of  Utah Law
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Texting is a common, usually daily, occurrence for many Utah teen. Texting too much may get a teen into trouble with their parents over the cell phone bill, but excessive texting isn’t against the law. The last few years has seen the advent of a new type of communication called “sexting.” Sexting is sending sexually explicit photos or messages electronically, usually from one cell phone to another.

Photo: Jeramey Jannene

Sexting in Utah is a misdemeanor. The penalties for misdemeanors range from up to 90 days in jail for a class C misdemeanor; up to 6 months in jail for a class B misdemeanor and up to 1 year in jail for a class A misdemeanor. Before you sext anyone, you may want to ask yourself if sexting is worth any amount of time spent in jail or detention. Not only can sexting give you a criminal record, it can also damage your personal pride.

If you are tempted to sext, avoid it at all costs. If someone wants to see you naked, don’t comply. You never know where pictures sent through cell phones or over the internet will end up. You may think you’re in a loving, lifelong relationship with a person, only to find that relationship over next week and any pictures you’ve sent them spread abroad for all to behold. Don’t get charged with a crime because you’re trying to impress or attract someone. The consequences aren’t worth it. Protect yourself and keep your clothes on. If you’re already in trouble with the law for sexting or any other crime, hire a Utah juvenile defense attorney without delay. Don’t get in any deeper than you already are.

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