Rule 25. Pleas.
(a) A minor may tender a denial of the
alleged offense, may tender an admission of the alleged offense, or may, with the consent of the court, tender a plea of no
contest which shall have the effect set forth in Utah Code Section 77-13-2. If
the minor declines to plead, the court shall enter a denial. Counsel for the
minor may enter a denial in the absence of the minor, parent, guardian or
custodian.
(b) When denial is entered, the court shall
set the matter for a trial hearing or for a pre-trial conference.
(c) The court may refuse to accept an
admission or a plea of no contest and may not accept such plea until the court
has found:
(c)(1) that the
right to counsel has been knowingly waived if the minor is not represented by
counsel;
(c)(2) that the
plea is voluntarily made;
(c)(3) that the minor and, if present, the
minor's parent, guardian, or custodian, have been advised of, and the minor
understands and has knowingly waived, the right against compulsory
self-incrimination, the right to be presumed innocent, the right to a speedy
trial, the right to confront and cross-examine opposing witnesses, the right to
testify and to have process for the attendance of
witnesses;
(c)(4) that the minor and, if present, the
minor's parent, guardian, or custodian have been advised of the consequences
which may be imposed after acceptance of the admission of the alleged offense
or plea of no contest;
(c)(5) that the minor understands the nature
and elements of the offense to which the plea is entered, that upon trial the
prosecution would have the burden of proving each of those elements beyond a
reasonable doubt, and that the plea is an admission of all those elements;
(c)(6) that there
is a factual basis for the plea; and
(c)(7) where
applicable, the provisions of paragraph (e) have been met.
(d) The minor may be allowed to tender an
admission to a lesser included offense, or an offense of a lesser degree or a
different offense which the court may enter, after amending the petition.
(e) Plea discussions and agreements are
authorized in conformity with the provisions of Utah Rule of Criminal Procedure
11. The prosecuting attorney may enter into discussions and reach a proposed
plea agreement with the minor through the minor's counsel, or if the minor is
not represented by counsel, directly with the minor. However, the prosecuting
attorney may not enter into settlement discussions with a minor not represented
by counsel unless the parent, guardian or custodian is advised of the
discussion and given the opportunity to be present.
(f) A minor may tender an admission which is
not entered by the court for a stated period of time. Conditions may be imposed
upon the minor in that period of time and successful completion of the
conditions set shall result in dismissal upon motion. If the minor fails to
complete the conditions set, the admission shall be entered and the court shall
proceed to order appropriate dispositions.