Serious Youth Offender Procedures in Utah

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Many people think that if you commit a crime and you’re younger than 18, you get the benefit of juvenile court, which focuses on helping young people, providing treatment instead of punishments, and is much more private than adult court.

For the most part that is true. But, there are certain serious crimes that can catapult a youngster 16 years old or older into the adult court system and even land a juvenile in prison.

For example, a juvenile who commits the following felonies may be legally classified as a serious youth offender:

• aggravated arson
• aggravated assault, involving intentionally causing serious bodily injury to another
• aggravated kidnapping
• aggravated burglary
• aggravated sexual assault
• felony discharge of a firearm
• attempted aggravated murder or
• attempted murder

A juvenile could also be considered a serious youth offender if the juvenile has previous convictions involving dangerous weapons.

If the prosecutor files a serious youth offender case against a juvenile, there will be hearing in juvenile court that is just like a preliminary hearing in district court. Only, the stakes are high for a juvenile because the results could be a trip to adult court. If the state proves to the juvenile court judge that there is evidence to support the state’s case against the juvenile, the law requires the juvenile judge to order that the juvenile be bound over and held pending trial in district court.

In other words, a juvenile could be treated just as if an adult had committed the same crime—with a few exceptions.

If you have a young person in your life that is facing a serious youth offender problem, you need competent legal help right away. A good defense attorney might be able to stop the juvenile from landing in adult court. For example, there may be arguments to keep the youth in juvenile court, such as:

• the juvenile was less culpable than other co-defendants or participants in the crime
• the juvenile has no prior convictions involving the use of dangerous weapons; or
• the juvenile’s role in the offense was not committed in a violent, aggressive or premeditated manner

These are just some of the arguments that a good defense attorney could make to keep a juvenile out of adult court. It is important to contact a Utah juvenile defense attorney immediately if your child has been charged with any crime, whether a felony or misdemeanor. An attorney will be able to explain the justice system process in more detail and help ensure that your child is treated fairly and appropriately.