Juvenile Defense Attorney in Utah
Anyone under the age of 18 who is accused of violating federal, state, or municipal law falls within the jurisdiction of Utah’s juvenile court. Unlike its adult counterpart, juvenile court is always considered a civil court, not a criminal court, with the purpose of rehabilitating young offenders rather than punishing them.
However, juvenile court still operates under strict rules and it can be all too easy for parents to find their interests minimized or even ignored during the trial. If your child is facing juvenile felony charges, you need to find them a lawyer who understands how juvenile court works, and you also need a lawyer who’s going to protect your interests. Here at Wasatch Defense Attorneys, our experienced juvenile defense attorneys aggressively attack the case against your child, but we also defend your interests to the utmost.
Call us today at 801.980.9965 for your free, confidential case review.
Utah Juvenile Defense Lawyer
Juvenile courts exist to give underage offenders a chance at rehabilitation. These courts focus on sentencing the child to probation or community service rather than jail time. Aside from this, and aside from the procedural differences between civil and criminal courts, a juvenile court still differs from an adult court in many ways. For example, many hearings are closed to the public in order to protect the child’s privacy. Similarly, juvenile cases are never tried by a jury, even if the child requests one.
All juvenile court cases are left up to the judge to determine guilt and, if need be, the appropriate punishment. Juveniles cannot post bail. They are kept at the detention center throughout their trial.
Contributing to the Delinquency of a Minor
Contributing to the delinquency of a minor is a criminal offense in Utah that may be punishable by up to six months in jail and a fine of up to $1,000. Under Utah Code §76-10-2301, a person may be charged if they allegedly encourage, cause, or contribute to a minor becoming delinquent, induce a minor to engage in unlawful conduct, or encourage behavior that would violate a law or court order. These cases can arise in a wide variety of situations, including allegations involving underage alcohol or tobacco use, unlawful activity involving minors, or accusations that an adult influenced a child to commit a criminal act. Because these allegations often depend heavily on intent and the surrounding circumstances, it is important to work with an experienced Utah criminal defense attorney.
Juvenile Felony Defense
In Utah, certain serious offenses may result in a juvenile being transferred into the adult criminal justice system under the state’s Serious Youth Offender (SYO) laws. These laws apply only to specifically enumerated offenses under Utah Code §80-6-503.
In an SYO case, the juvenile court does not determine guilt or innocence. Instead, the court conducts a preliminary hearing to determine whether probable cause exists for the alleged offense. If probable cause is found, the case may be bound over to district court, where the charges are then handled through the adult criminal justice system. Because these proceedings can expose a juvenile to severe adult penalties and long-term consequences, early legal representation is critical.
Offenses that may qualify under Utah’s Serious Youth Offender laws include:
- Aggravated murder
- Murder
- Attempted aggravated murder
- Attempted murder
- Aggravated robbery
- Aggravated kidnapping
- Certain forcible sexual offenses
- Discharge of a firearm from a vehicle
- Certain felony firearm offenses
- Felonies allegedly committed after commitment to a secure juvenile facility
Because transfer into adult court can expose a juvenile to much harsher penalties and long-term consequences, it is critical to work with an experienced Utah juvenile defense attorney as early as possible.
When juveniles are accused of any of the above felony charges, they first receive a hearing in juvenile court, which determines their level of guilt. If the juveniles are considered appropriately responsible for their actions, the case is transferred to an adult criminal court where they face the full brunt of the law.
