Serious Youth Offender Amendments to Utah Juvenile Law

Utah House Bill 105 was passed earlier this year, amending the procedure transferring jurisdiction for a serious youth offender from a juvenile court to a district court.

Why Change Utah Law?

The bill’s intention is to provide juvenile court judges with more latitude in determining whether a serious youth offender should be tried in juvenile court or have his case moved to adult court where the penalties are usually much more severe.

Questions for the Judge to Consider

In order for a serious youth offender to have his case transferred to district court, the juvenile court judge can consider the following questions:

• Whether the minor has been previously adjudicated delinquent for committing an offense using a dangerous weapon (which would have been a felony if committed by an adult)
• If the offense was committed with one or more additional people, what level of culpability does the minor have (greater or lesser than the codefendants)
• Whether the minor’s role in the offense was committed in a violent, aggressive or premeditated manner
• The amount and type of previous juvenile court adjudications
• How will public safety be best served

It’s the state’s responsibility to prove that the serious youth offender should be remanded to district court. Then it is up to the juvenile court judge to determine how to best serve the minor and public safety.

Your Child Deserves Legal Help

Talk to a Utah juvenile defense attorney if you have a child being adjudicated in any juvenile court. Children need to have their own legal representation to insure that they are treated appropriately and fairly in the court system. Make the right phone call today.