The law firm of Cramer | Cramer L.L.C. provides services in the area of juvenile criminal defense law. The juvenile system is specifically designed for those accused of criminal activity who are under eighteen years where the adult system would not be appropriate. The “players” in the criminal justice system are the juvenile accused of a crime, the defense attorney, who is usually a private attorney, and the prosecutor, who is a state paid attorney brining said case against the juvenile. The juvenile court system is quite different from the adult system and as such it is important that you have an attorney who is familiar with the differences and can assist you with the special needs of your child.
*The Process of a Juvenile Criminal Case
- Juvenile Detention Hearing -
If your son or daughter has been arrested, he or she can either be cited and released to parents or detained at a juvenile detention facility. A police officer may decide to take your child to a detention facility. The detention facility then determines whether they will accept your child based on specific guidelines pursuant to the law. If your child is detained, a “detention hearing” will be set within forty-eight (48) hours excluding weekends and holidays. At the detention hearing the Court will determine whether to continue to detain your child further.
- Arraignment/Pretrial -
If your child is not in custody, his or her first court appearance will be a so called “arraignment.” Your child must appear at the arraignment with a parent, guardian, or other person with legal custody. An arraignment is the initial step in a criminal prosecution whereby the child is brought before the court to hear the charges and to enter a plea. Arraignments are held within thirty (30) days from the filing of the petition.
- Juvenile Court Trial -
Unlike adult court, your child is not entitled to a jury trial. The State must, however, prove every element of each offense beyond a reasonable doubt which means that the State must show that the facts proven establish the child’s guilt.
- Sentencing and Disposition -
If your child is found guilty through a trial or plea, then your child will be sentenced. The juvenile court in sentencing your child considers the Juvenile Sentencing Guildlines as promulgated by the Utah Sentencing Commission. These guidelines take into consideration the severity of the present offense, the child’s delinquency history and risk to society, among other things in determining whether the child will receive probation, state supervision, community placement or placement in a secure facility.
|
