As a parent whose child was recently arrested in Utah, you may be at a loss for what to do. Instead of panicking, call our lawyers immediately, and we can determine the best course of action to resolve the situation. We can determine if someone has filed a police report against your child and is pressing charges against them, what those charges are, and what the next step is.
Let us explain the potential outcomes of being an “adjudicated delinquent,” which is a juvenile found to have committed an offense by a judge in juvenile court. Though your child will not be a criminal if found guilty, being an adjudicated delinquent has reputational and other consequences. During your child’s case, give them the support they need and caution them against certain behaviors that might negatively affect their case, like discussing it on social media.
Call the Utah criminal defense lawyers at Overson & Bugden for a free and confidential case analysis at (801) 758-2287.
What Should I Do if Someone Presses Charges Against My Child?
Your child getting into trouble with the law may be the last thing you are prepared for as a parent. We understand this, and our Salt Lake City criminal defense lawyers aim to make the difficult process as easy as possible for juveniles facing charges and their families.
Call Our Lawyers
If someone files a police report against your child and they are arrested and charged in Utah, call us right away. We can advocate for your child’s rights, protect their interests during police questioning, and explain the juvenile court system. Warn your child against speaking with the police under any circumstances, and contact our experienced lawyers immediately.
Understand the Charges
As the parent of a juvenile facing charges, it is essential to understand the charges they are facing. Some of the most common charges pressed against juveniles include retail theft, assault, drug possession, and graffiti, among others.
We can explain exactly what your child is accused of and prepare to defend them against the charges. To do so, we must speak to your child, and the sooner we do, the better.
Learn About Potential Outcomes
The purpose of juvenile court is to rehabilitate delinquent minors, not necessarily punish them, though judges still focus on individual accountability. While detention is possible for serious or violent offenses, it is more likely an adjudicated delinquent will be given probation and have to take drug, alcohol, or even anger management classes.
Still, you and your child should know of all the potential outcomes of a case tried in juvenile court, which we can explain in detail.
Can Someone Drop Charges Against My Child in Utah?
Suppose someone approached law enforcement and filed a police report against your child, and the prosecution decided to file charges. If that person then recants or wishes to have no involvement in the case, can the charges be dropped? Who has that authority?
It is up to the prosecution whether charges are filed or dropped. We may successfully motion to dismiss the case if the complaining witness recants their statement. Even without the complaining witness to testify, the prosecution may proceed with the case if it believes it has other evidence against the juvenile.
The person who filed the police report against your child does not have a say in whether or not the charges are dropped; however, their failure to cooperate with the prosecution may lead to the charges being dropped.
What Should I Do During My Child’s Case in Utah?
While your child is being tried in juvenile court, you can provide them with the emotional support they need while also ensuring they are present at all mandatory court appearances and otherwise behave appropriately.
Caution them against posting about the case or charges on social media and advise them to refrain from using social media in general for the time being. Photos or posts by or about them may be brought up during their trial, which could affect its outcome.
Being present and respectful in court is also important. Judges hear and decide all juvenile trials in Utah, as juveniles do not have the right to a jury trial. Your child’s behavior in court might influence the judge’s punishment if they are deemed an adjudicated delinquent.
Be supportive of your child during their juvenile trial. Facing any charges as a teen is extremely intimidating, and your child needs emotional support from you to get through the process.
Can My Child Be Tried as an Adult if Someone Presses Charges Against Them?
Your minor child may only be tried as an adult under very specific circumstances in Utah. For the most common juvenile offenses, that’s not likely or even possible. For extremely violent crimes, however, that is a possibility.
When charged with murder or aggravated murder in Utah, 16 or 17-year-olds must be tried as adults. This is mandatory, though minors will not face the death penalty if convicted, which is a possibility for adults in Utah.
Prosecutors may motion the court to try juveniles as adults for the following offenses, among others:
- Attempted murder
- Attempted aggravated murder
- Aggravated assault causing serious bodily injury
- Aggravated sexual assault
- Aggravated kidnapping
- Aggravated burglary
Even a child as young as 14 may be tried as an adult for aggravated murder, attempted murder, attempted aggravated murder, and murder.
Suppose the prosecution charges your minor child as an adult when it is not mandatory. In that case, we can petition the juvenile court to maintain its jurisdiction over your child’s case in Utah.
Contact us to determine if your child may be tried as an adult in Utah and to understand the implications for their case and potential sentence if convicted.
Call Our Utah Defense Attorneys if Your Child Was Arrested in Utah
Call the Park City criminal defense lawyers of Overson & Bugden for a free case assessment at (801) 758-2287.