Posts Tagged ‘utah’
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 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.
Tags: bully, crime, harassment, juvenile, misdemeanor, offense, School, teen, utah
Posted in School | No Comments »
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.
Tags: aggravated robbery, armed robbery, court, Felony, juvenile, teen, utah
Posted in Violent Acts | No Comments »
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.
Tags: court, education, intake officer, juvenile, Juvenile Court, offense, review, School, utah
Posted in Juvenile Court | No Comments »
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.
Tags: conviction, detention, district court, Felony, Juvenile Court, Murder, Prison, teen, teens, utah
Posted in Violent Acts | No Comments »
Governor Gary Herbert just signed House Bill 103, restricting teen cellphone use while driving to a minimum. Kids under the age of 18 can now only use a cellphone while driving in the following situations:
Photo: digitaljournal.com
• During a medical emergency
• When reporting a safety hazard or requesting assistance relating to a safety hazard
• When reporting a criminal activity or requesting assistance in relation to a criminal activity
• When communicating with a parent or legal guardian
What’s The Cost of a Violation?
Any teen who violates this section will be given an infraction and can be fined up to $25. House Bill 103 also notes that if a teen violates this section, the violation is not reportable. Additionally, kids who use a cellphone while driving and receive a violation under this law cannot have points assessed against their driving record.
What Do You Think?
Does this law go far enough? Does it seem fair to target teen drivers when there a lot of distracted adult drivers out on the Utah roads? According to research, teens make up just 8 percent of drivers but are involved in almost 25% of auto crashes.
Of course, there are a lot of lawmakers who probably wouldn’t be re-elected if they banned all cellphone use while driving, regardless of age. Also, receiving a $25 fine likely won’t be the teen cellphone while driving deterrent that officials hope it will be. In other words, this bill might not have any impact on unsafe driving while using a cellphone—for Utah teens or anyone else.
If you have a child that does get into trouble with the law, contact a Utah juvenile defense attorney immediately. The best way to help your child is to give them the best legal defense possible.
Tags: cellphone, crime, driving, fine, offense, teen, utah, violation
Posted in Utah Law | 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 »
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.
Tags: adult, arson, attorney, Burglary, catastrophe, crime, Felony, juvenile, kid, lawyer, offense, utah
Posted in Utah Law | No Comments »
