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Parents have rights and the family has the right to be together. However, the state may feel that the environment in the home is no longer safe for the children. In these circumstances the state may decide that the child or children need to be removed from the home or if they stay in the home the state needs to supervise the home for a while to see that appropriate behaviors are taught to the parents to help the home environment be the best for the juveniles. In Dependency, Neglect, or Abuse cases the parents have rights. Attorneys help protect the rights of the parents and reunite the family as soon as possible.
These cases are very involved and require a great deal of attention. If you are in a situation where the state is investigating your home or children, you should contact a Utah Juvenile Attorney for advice. We can explain the process and help you protect your rights and your family.
Criminal
In Utah, the Criminal side of Juvenile law is very similar to the Utah Adult Criminal Law system. Juveniles can be charged with minor crimes (misdemeanors) or major crimes (felonies).
Just as in the adult system the youth will have constitutional rights. It is important for a Utah Juvenile Attorney to represent a Juvenile, so these constitutional rights can be explained and enforced for the benefit of the youth. There are five phases of the criminal system: arraignment, pre-trial, trial, sentencing, and appeals.
At the arraignment, the youth will be informed of the charges that are pending against him or her. At this phase the youth will be informed of his or her right to an attorney. The youth may also plead guilty, not guilty, no contest. If the youth pleads not guilty, the matter will be set for a pre-trial. If the youth pleads guilty or no contest the matter will proceed to sentencing.
At pre-trial, the youth will have the opportunity to try to reach a plea agreement with the prosecutor and probation officer. A plea agreement allows the youth to plead guilty to lesser charges and discuss sentencing options. An attorney can effectively analyze the plea agreement see if it is fair. Arranging a fair plea agreement takes skill and knowledge which may not be available to the youth. An attorney can help get a fair plea agreement or know when to take the matter to trial. If an agreement is reached there is not trial.
At trial, the prosecution is able to present a case against the youth. The case must be proven beyond a reasonable doubt. This is a high standard of proof. It means that a reasonable person would have practically no questions as to the innocence or guilt of the youth and his or her participation in committing a crime. It is important to have assistance in making sure an aggressive case is presented in defense of the youth.
At sentencing, the youth is given his or her punishment. In juvenile court the sentencing is very controlled by probation officers that will work with the youth to help them overcome bad behavior. This is a significant phase where an attorney can help structure sentences to adequately help the youth made life better and fair. Some orders from the court are not fair or just. Attorneys help juveniles get outcomes do not take advantage of the youth.
If the youth is not satisfied with the order of the court, the decision may be appealed. This process is very lengthy and should be carefully considered before taking on, but may be required in order to preserve constitutional rights.
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