NCJ Number
189752
Journal
BYU Journal of Public Law Volume: 15 Issue: 1 Dated: 2000 Pages: 31-51
Date Published
2000
Length
21 pages
Annotation
This article intends to familiarize Utah defense attorneys with the delinquency-related aspects of juvenile court practice, so that attorneys new to juvenile defense can best serve their clients.
Abstract
A description of the mechanics of Utah's juvenile justice system encompasses jurisdiction; arrest and referral; intake, preliminary inquiry, and non-judicial closure; prosecution and trial; disposition; and reviews, appeals, and expungement. Utah has three means of sending juveniles to district court to be tried as adults: direct file, the serious youth offender process, and certification. Each of these means of waiver to adult court is explained. The author advises that although only a small percentage of children are tried as adults, the potential lifelong impact of such proceedings makes it more important that defense attorneys be involved in them than in normal juvenile court proceedings. The author advises that unless a juvenile is innocent and likely to prevail at trial, he/she is better off in reaching a non-judicial closure agreement with a juvenile probation officer. Defense attorneys should be aware that a juvenile loses the option of a non-judicial closure agreement if he/she denies the charges in order to seek a plea agreement. Juveniles who do not want to pursue non-judicial closure or who do not qualify because of the seriousness of their offenses or because of prior offenses, will move onto a judicial track that consists of arraignment, pretrial, and trial. Plea agreements often resolve these cases, and the juvenile will then be subject to a regimen of graduated sanctions intended to achieve rehabilitation. The aim of a defense attorney is to achieve what is best for the juvenile. This means rehabilitating juveniles who have committed offenses while holding them accountable. By becoming effective practitioners in juvenile court and working creatively with the system to protect a juvenile's rights while helping him/her develop morally, defense attorneys will be working toward their client's benefit. 83 notes and appended form for juvenile sentencing guidelines