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Utah Juvenile Law Questions & Answers
1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Juvenile Law for Utah on
Q: My friend's parents have already had DCFS take their children from them once. Can they turn off their kids mobile data?

They got the kids back and they've been told by DCFS that they can't take away their kids doors.

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're asking about a sensitive situation involving your friend's family and DCFS (Division of Child and Family Services). To address your specific question:

Parents generally have the right to control their children's access to technology, including mobile data....
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1 Answer | Asked in Juvenile Law for Utah on
Q: I (16) got into a fight with a 17 year old and they are charging me with disorderly conduct what will my consequences be

Will my charges be dropped when I’m 18

James L. Arrasmith
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answered on Dec 31, 2023

Facing a charge of disorderly conduct at 16 can have varying consequences, depending on the specifics of your case and the laws in Utah. As a minor, your case is likely to be handled through the juvenile justice system, which often focuses more on rehabilitation rather than punishment.

The...
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1 Answer | Asked in Criminal Law and Juvenile Law for Utah on
Q: I pressed charges for finding marijuana in my son's(15) but now 2 days later I am dying with regret. Can I drop those?
William Melton
William Melton
answered on Jan 8, 2023

No, you can't. It is a common misconception that the person who reports something to the police is "pressing charges." That is now how it works. You may report the case, but one you do it is out of your hands. The government (the prosecutor) is always the one who brings the charges.... View More

1 Answer | Asked in Family Law, Domestic Violence and Juvenile Law for Utah on
Q: If I've run away from home and am living somewhere else unofficially can I contact my family? Can my dad take me home?

I ran away from home recently and DCFS hasn't really been over to tell me where I was going and what I was doing. They came over once to see if I had a place to go and a bed to sleep in, etc. The agent told the family I'm staying with that my father can legally take me home with him... View More

Mike Branum
Mike Branum
answered on Jun 11, 2021

There is no reason you cannot contact your family and for the sake of your future relationship with them, you should. Until someone else is appointed your guardian, you are emancipated, or you turn 18; yes, your father could take you home. As your parent, he has that right.

In order to be...
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1 Answer | Asked in Family Law, Criminal Law and Juvenile Law for Utah on
Q: Our13 year old son (who we’ve adopted out of foster care at age 5) has raped our two daughters age 10 and 3.

He has been charged with 21 counts of rape and sodomy between the two victims. County attorney representing my daughters states he will most likely get 6 months or less of treatment/incarceration. He has already admitted to his crimes to police. County attorney is going to reduce charges to gain a... View More

Brent J Huff
Brent J Huff
answered on Apr 1, 2020

You can hire an attorney, in Utah victim's of crimes have a right to be heard. One thing you should know is that the juvenile justice system sentences offenders for different purposes that adults. In the District court, a criminal sentence is meant to serve retribution or punishment among... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Utah on
Q: a judge is making me deal with DCFS for an unborn child when no other children live in the home? Also go to juvenile co

I'm going to adult court for me, and juvenile court for the unborn child? I don't understand how DCFS can be involved if the child isn't born yet, and if no other kids are in the home. I also don't get why I'm also seeing a juvenile judge for my unborn baby when I'm an... View More

Aric M. Cramer
Aric M. Cramer
answered on Mar 4, 2020

You need a family law attorney, not criminal defense

2 Answers | Asked in Criminal Law, Family Law, Juvenile Law and Sexual Harassment for Utah on
Q: can you take 30 year old male relative sending 15 year old niece naked photos from snap chat app, pictures weren’t saved

Niece is 15 and her cousin is 30 he has sent her pictures or his private part but it’s sent from Snapchat and the pictures weren’t saved. The whole conversation is saved but no pictures. In the conversation he does state he’s going to send it and also more than once, he states in one of the... View More

Mike Branum
Mike Branum
answered on Feb 7, 2020

The short answer is yes, you can sue. You could file a suit claiming negligence, intentional infliction of emotional distress, etc. The real question is does the pervy cousin have assets worth the fight? If he owns a home, has a high-paying job, or there is some other asset which may be able to be... View More

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2 Answers | Asked in Criminal Law, Federal Crimes, Juvenile Law and Sexual Harassment for Utah on
Q: If a guy is 19 years old and dating a 17 year old can parent call cops and get guy in jail or anything

19 year old guy dating 17 year old girl, and hasn’t committed sexual intercourse can parent get cops involved and have 19 year old arrested and charged

Lane Wood
Lane Wood
answered on Jan 15, 2020

Having dealt with similar cases before, I know that these situations can be difficult. I don't know if the 19 year old guy is doing anything particularly bad or if you simply don't want him around your daughter. Unfortunately, with the information provided, I do not believe that the... View More

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2 Answers | Asked in Criminal Law, Family Law and Juvenile Law for Utah on
Q: so I am just wondering if I should get a laywer for my daughter my only thing is I dont have the money for one well

not a down payment my daughter is 11 years old and is getting charged with a felony and a class b misdominer her and a friend went to walmart and on the way in found a credit card went in used the credit card for like 15 .00 than tryed to pull money out at the ATM witch mind you did not work at the... View More

Mike Branum
Mike Branum
answered on Aug 7, 2019

Your daughter is entitled to a court-appointed attorney. I am not sure a privately-retained attorney would have much advantage over the public defender in this case.

Hopefully your daughter can get some assistance coping with the losses she has sustained in her young life.

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1 Answer | Asked in Criminal Law, Juvenile Law and Sexual Harassment for Utah on
Q: When I was 9 (I'm 14 now)someone tried to rape me and did sexually assault me can I press charges w/ no evidence?
Benjamin Oxford
Benjamin Oxford
answered on Jun 7, 2019

You can certainly file a police report, because your own testimony is evidence. However, whether charges can be brought depends on the statute of limitations that exists in your state. Most states allow charges to be brought until a certain amount of time after you turn 18 years of age. So, most... View More

3 Answers | Asked in Criminal Law and Juvenile Law for Utah on
Q: My 12 year old son may be charged with assault for a school fight. At what point should I hire an attorney?

They say he will be charged with assault. How will I know this has happened? Both kids shoved each other, but my son shoved first. Should we fight this? At what point should I hire an attorney? The other kid's father is a lawyer.

Gary Kollin
Gary Kollin
answered on May 9, 2019

NOW. YESTERDAY. LAST WEEK.

Waiting to hire a lawyer until the charge is like waiting to have the cavity filled until you need a root canal.

If you were being investigated you would want an attorney now.

He needs to have his rights protected. He needs to know to stop talking...
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2 Answers | Asked in Criminal Law and Juvenile Law for Utah on
Q: a girl lied and said i chased her down the road and beat her up and dislocated her shoulder what can i do

this girl and my sister fought because this girl has been harrassing and bullying my sister for 2 years and jumped her at the mall a couple months ago. this girl shows up to our house with a giant group of friends and fights my sister. someone called the cops and everyone ran. this girl filed a... View More

Aric M. Cramer
Aric M. Cramer
answered on Jul 19, 2018

You need a lawyer right now. Quit talking to the cops.

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1 Answer | Asked in Child Custody, Civil Rights and Juvenile Law for Utah on
Q: I was put into dcfs codtody flatly accused of meltesting a sib was proven not guilty about adulthood can i sew

The charges were never taken care of messed up my hole life can i sew state for messing my entire life up

Catherine Cleveland
Catherine Cleveland
answered on Jan 11, 2018

No, you cannot sue the State for charging you with a crime.

1 Answer | Asked in Family Law, Criminal Law and Juvenile Law for Utah on
Q: What can a parent do to defend themself against a violent teen in Utah?

I was physically attacked by my 14 yr old in front of my 3 little ones. She scratched me up and pulled out some hair before I could get away. I also scratched her in the process of getting away. As soon as I could I got the littles into a bedroom and locked the door, I called 911. When the police... View More

Paul Waldron
Paul Waldron
answered on Mar 5, 2017

You need to consult with an experienced juvenile court lawyer. If DCFS opens a court case, you may be able to seek the appointment of a public parental defender.

1 Answer | Asked in Family Law, Juvenile Law and Landlord - Tenant for Utah on
Q: i have a son who is now 18 but failing to do chores, get a job or pay anything for room or board. Can I kick him out?
Paul Waldron
Paul Waldron
answered on Mar 5, 2017

Yes! However, if there is a court order of custody until he has graduated from high school or supposed to graduate from his regularly-matriculated class, there may be some kind of child support issue. Also, if there is some kind of guardianship order of your son, that would need to be considered... View More

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Utah on
Q: My boyfriend turns 18 in December but will still be in highschool, can his mom stop him from moving in with me?
Paul Waldron
Paul Waldron
answered on Mar 5, 2017

Absent a court order, the mother of your 18 year old boyfriend cannot stop him from moving in with you. If there may be financial or other consequences, that is a different situation.

1 Answer | Asked in Divorce, Family Law, Juvenile Law and Adoption for Utah on
Q: I legally adopted a child & the ex has since reintroduced my daughter to her biological dad. Is this illegal?

I have (2) children with her, divorced in '14. The ex has refused to let me see my children and makes it a nightmare when I have called. So this was in Utah and I had since moved to Arizona. I legally adopted one and had one natural with her. She has since reintroduced my adopted daughter to... View More

Paul Waldron
Paul Waldron
answered on Nov 2, 2016

This is illegal. Unless or until there is a court order prohibiting the mother from reintroducing your daughter to the biological father, the mother (your ex-wife) can continue to do so. Your legal option is to file a court action to request the judge to prohibit the contact, but you will have to... View More

1 Answer | Asked in Juvenile Law for Utah on
Q: I'm 17 and my boyfriend is 16,would my parents be able to stop me from moving in with him if we were engaged?

Me and my boyfriend live 4 hours away from each other and we are trying to find a way to to be together without my parents being able to stop us.

Brian K Jackson
Brian K Jackson
answered on Jan 8, 2016

Your parents are still your legal guardians until you are graduated from high school or 18. They have a legal responsibility to ensure your well-being and safety. Your parents could get in trouble with the state if they didn't try and stop you and found that they were not personally taking... View More

1 Answer | Asked in Juvenile Law for Utah on
Q: Who can access juvenile records of Sodomy?
Brian K Jackson
Brian K Jackson
answered on Dec 2, 2015

Usually juvenile records are sealed but a state agency may be able to access them.

1 Answer | Asked in Juvenile Law for Utah on
Q: What would happen in court for an underage driving ticket
Brian K Jackson
Brian K Jackson
answered on Nov 11, 2015

I would talk to an attorney about your case. I would recommend not entering a deal or anything until one can review your case.

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