The Defense Expert's Guide to Juvenile Court (syo and Certification)
| Jurisdiction | Utah,United States |
| Citation | Vol. 13 No. 5 Pg. 18 |
| Pages | 18 |
| Publication year | 2000 |
Katherine Bernards-Goodman
Introduction
So you've been to juvenile court a few times and you feel you know your way around. Then your neighbor/relative's kid throws you a loop. He goes out and does a "biggie." The defendant's family brings you a copy of an Information, (not a juvenile petition). What's coming now?
You first need to determine what statutory scheme you will be operating under. There are three possible ways a juvenile can become an adult. One possibility is "Certification" under U.C.A. Section 78-3a-502 (3) and 78-3a-603 et seq. The second is the newer "Serious Youth Offender Statute," commonly referred to as "SYO," U.C.A. Section 78-3a-602 et seq. And the third, is the "Direct File Statute," U.C.A. Section 78-3a-601. You will need to know which statute applies so you can prepare for the different burdens of proof and different criteria to be discussed in the hearings.
Direct File
If a juvenile is 16 years of age or older and has committed a Murder, U.C.A. Section 76-5-203, Aggravated Murder, U.C.A. Section 76-5-202, or any felony after having been committed to a secure facility,[1] she will be a Direct File case.
There will not be a hearing in Juvenile Court on this matter. Your first hearing should be conducted in the adult system and you will proceed from that time forward, with your preliminary hearing, etc., being conducted in the adult system. There is no provision for recall to juvenile court.
This statute was designed in response to the Utah Court of Appeal's concerns that the previous statute (which left the decision to file in juvenile court or adult court up to the prosecutor), allowed too much prosecutorial discretion resulting in a violation of the uniform operations of law. State v. Mohi, 901 P.2d 991, (Ut. Ct. App. 1995). While a traditional charging decision (is there probable cause to believe a crime has been committed, and what crime is it?) is a proper exercise of prosecutorial discretion, deciding which juveniles would be placed in the class receiving the benefits of juvenile court, and which juveniles would fall under the jurisdiction of adult court, allowed for "prosecutor stereotypes, prejudices, and biases of all kinds.. ," Mohi, 901 P.2d at 1003.
In the same opinion, the Court of Appeals discussed a Due Process challenge to the new Direct File Statute's lack of a recall provision. The court held that "if the legislature uniformly decides to remove a certain class of persons from the category of "juvenile offender," it does not need to allow those persons a hearing on the matter. Because they have no 'right' to juvenile treatment, defendants cannot claim that their juvenile status was unconstitutionally removed by the legislature." Mohi, 901 P.2d at 1005.
Any offenses joined with the qualifying direct filed offense, or any offenses, including misdemeanors, arising from the same criminal episode, will go to the District Court along with the qualifying offense. Once treated as an adult, always an adult. In other words, any subsequent offenses, even misdemeanors, will be handled in district court. U.C.A. Section 78-3a-601(3)(a).
If the qualifying charge is plea bargained or the defendant is found guilty of a lesser offense, the matter still remains in district court. U.C.A. Section 78-3a-601(2). If the qualifying charge results in an acquittal, or finding of not guilty, or dismissal, the juvenile court and Division of Youth Corrections regain jurisdiction. U.C.A. Section 78-3a-601 (3)(b).
Serious Youth Offenders
If a minor is 16 years of age or older and has committed any of the following "9 deadly sins" (plus one "catch-all") he will fall under the Serious Youth Offender Statute, (often called the SYO statute). The list of the "sins" consists of: 1) aggravated arson, U.C.A. Section 76-6-103; 2) aggravated assault - serious bodily injury, U.C.A. Section 76-5-103(1) (a); 3) aggravated kidnapping, U.C.A. Section 76-5-302; 4) aggravated burglary, U.C.A. Section 76-6-203; 5) aggravated robbery, U.C.A. Section 76-6-302; 6) aggravated sexual assault, U.C.A. Section 76-5-405; 7) "drive-by shooting," U.C.A. Section 76 10-508; 8) attempted aggravated murder, U.C.A. Section 76-5-202; and 9) attempted murder, U.C.A. Section 76-5-203; and the "catch-all" of: any felony committed with a dangerous weapon after having previously been convicted of committing a felony with a dangerous weapon.
Your client will most likely have been booked into the Juvenile Detention Center.[2] While the Utah Rules of Juvenile Procedure allow for a warrant to be issued and the minor "taken to the place designated on the warrant," it is common practice to have the juvenile stay in the Detention Center until a judge has made the determination that she should be treated as an adult. Utah Rules of Juvenile Procedure, Rule 22(b). Consequently, as you have already learned, the first hearing will be the "D.T." arraignment. Bail is not available at this point, but will become an issue if the juvenile is sent to the adult system.[3]
The Court...
To continue reading
Request your trial