Rich King Attorney & Counselor at Law

Call 435.789.5433 to retain an Experienced and Aggressive Criminal Defense & Juvenile Court Attorney.

When your child is interrogated by the police.

Published during the Vernal Equinox by Rich King.

What if my child is charged with a crime in juvenile court?

If your child is charged with a crime in juvenile court, you should retain an attorney immediately. A conviction, plea of guilty, or even a plea of no contest can leaad to years of confinement in secure detention (prison for juveniles). As a recent case proves, Utah is vindictive toward juveniles even when they haven't broken the law.

Even children who are victims of crime end up in secure detention. For example, a pregnant Vernal, Utah girl went to a police station to report that she had been beaten and assaulted. After hours of police interrogation in the early morning, she ended up being charged with a crime of first degree felony soliciation of murder. On advice of her first attorney, she pleaded “no contest” and was sentenced to four years in secure detention. The girl who was a victim of a violent crime, has been presumed guilty ever since.

After the girl was sentenced to four years of secure detention, her mother  retained attorney Rich King for a second opinion. The result was a withdrawl of the plea of "no contest," followed by dismissal of the case. The girl is now free to move on with her life.

The State of Utah will spare no expense in trying to put your child in prison. The State of Utah has waged a two year battle, for example, to try to put the girl in prison, even dragging the girl to the Utah Supreme Court, as has been reported nationwide:

If you child has been taken to juvenile detention, you should retain an attorney immediately. In the Eighth District (Uintah, Duchesne, and Daggett Counties), your child will be held at the Split Mountain Youth Center located at:

Split Mountain Youth Center
830 East Main Street
Vernal, Utah 84078
Telephone: 435.789.2045

What if a police officer wants to question my child?

Police officers often tell you that they are not investigating you, but are investigating someone else, when in fact you may be the suspect (or you may become a suspect). A police officer may start the interview asking about someone else, then slip in some questions about you and your conduct. Even if you are not a suspect, you risk a great deal by answering questions, because any answer that is not completely accurate, or that is inconsistent with other answers you give, can result in a charge of obstruction of justice, aiding and abetting another in committing a crime, or with being an accessory after the fact. In short, your attempt to help a police officer can, and often does, land you in jail.

This method of police interrogation is especially effective with juveniles, because children are taught that the police are there to protect them.
Police officers abuse this special relationship of trust because a child doesn’t know that law enforcement has taken the position that the police can lie and deceive a suspect to get the suspect to answer questions. And the police do often lie and deceive juveniles during investigations.

For example, in one recent Utah case, a police officer pulled a 16 year old boy from his high school class, and told him not to worry because the boy was not in trouble. The officer told the boy that he was there to ask questions about another boy, who was in juvenile detention, for allegedly raping a girl.

After deceiving the boy into waiving an offer to have his parents or a school counselor present, the officer questioned the boy about his friend until the boy was at ease. The officer then asked the boy “when did you have sex” with the girl. Unfortunately for the boy, he had lost his virginity to the girl in one brief encounter two years before the police interrogation. Even though the girl had been sexually active since she was 12, she was just under the age of 14, and the boy was just over the age of 14, when the unfortunate lad fell victim to this female sexual predator, who now became a "victim."

Unknown to the boy, the police officer was secretly recording the interview. As a result, the boy was charged with First Degree Felony Rape of a Child, because Utah law states that a person under the age of 14 cannot consent to consensual sex.*

The moral of the story is clear: teach your children to refuse to speak with police officers or other investigators until a parent is present.

* In a stroke of poetic justice, the police officer, who had been promoted to Detective, was arrested for burglary a couple of years later, and immediately resigned.

Call 435.789.5433 to retain an Experienced and Aggressive Criminal Defense & Juvenile Court Attorney.

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