What to Expect in an Arraignment or Trial

Arraignment/Pre-Trial

An arraignment or pre-trial are court hearings before a judge that will allow the minor to either admit or deny the allegations listed in the petition.

 

What Happens Next?

It depends on whether the minor...

ADMITS to the Charges

DENIES the Charges

This is an acknowledgement of guilt for the actions. Next, the court may issue a dispositional order during the same hearing or schedule a separate disposition hearing.  A separate hearing will allow the minor to meet with a probation officer in order to complete any necessary assessments.  A dispositional order of the juvenile court determines what is to be done to address the minor’s behavior following court proceedings. This process is comparable to sentencing in an adult court. Read the "Dispositional Hearing" section below for more details as to what the judge may order for the minor.

If the minor denies the charge and pleads "Not true" to the allegations, then a trial will be scheduled.

Read Utah Rule of Juvenile Procedure 25 about pleas.

 

What is a Plea Bargain?

Sometimes the minor and their attorney can work with the prosecutor to resolve the charges (or petition) without going to trial. Sometimes, the juvenile can enter an agreement known as a "delayed entry of admission." That means that if the minor admits to the offense, and does whatever the judge orders the minor to do (gets good grades, participates in a court-ordered program, and does community service hours, etc.), the minor’s charge will be dismissed after a certain amount of time.

If the minor enters into a plea bargain, the minor will still have to go see the judge. The judge has to agree to the terms of the plea bargain, and they may or may not give the juvenile additional requirements. The minor's judge or attorney will ask the minor certain questions to make sure the minor understands the terms of the agreement and their rights. This will be recorded in court, so the juvenile has to speak clearly and answer out loud.

 

Trial

The trial is the stage where the prosecuting attorney and the defense attorney present their evidence and witnesses in order to determine whether the minor has committed the offenses with which the minor has been charged. During the trial, the minor will be presented with the opportunity to testify on their own behalf, present witnesses and to question other witnesses. The minor has the right to an attorney at all stages of their case. An attorney will be appointed at no cost to the minor at the beginning of their case. The minor's attorney has the potential to play an important role within juvenile court proceedings by acting as an advocate for the minor's interests as well as offering advice concerning the legal options.

What to expect: Proceedings within juvenile court may be less adversarial, and unless the minor has been charged with a felony, only those with a direct interest in the case are allowed to attend.

 

What Happens After the Trial?

It depends on whether the...

Charges are Proven UNTRUE

Charges are Proven TRUE

If the charges brought against the minor are not proven to be true, the case will be closed. Although the record will show that a referral to court has been made, it will also indicate that the charges brought against the juvenile were found to be not true. A juvenile may be eligible for expungement of this charge under Utah Code 80-6-1004.4

If the charges brought against the juvenile are proven to be true, the next step will then be the dispositional hearing which is similar to sentencing in an adult court. The juvenile may appeal to the Court of Appeals within 30 days after the disposition order has been entered.