Juvenile Court - What Happens Before Court?

Introduction

This page was created to help you understand some of the things that could happen before a court hearing in front of a judge. There are some cases that never go to court or reach a trial - this page will explain to you why and how a case may be settled nonjudicially, or outside of the court process. Click on one of the links in the page menu to the left to jump right to the topic that interests you, or scroll down as we walk you through the process.

 

Who are the People in Juvenile Court?

  1. Judge: The judge hears cases and decides questions of law in court. 
  2. State's Attorney: Usually, the District Attorney or County Attorney (the "Prosecutor") is the one bringing a petition to court on behalf of the state. 
  3. Defense Attorney. The juvenile's attorney. This person's job is to ask for what the juvenile wants. For example, they may help the juvenile get out of detention, or avoid having to pay a fine.
  4. The Guardian ad Litem: When a child has been abused or neglected, the child has a guardian ad litem (GAL). The GAL asks for what is "in the child's best interest", for example, staying with grandma instead of mom.
  5. Probation Officer: This person works for the juvenile court and will be present during delinquency cases. This person provides support to the minor in satisfying court orders and working toward goals.  A probation officer helps the Judge to know how things are going for the youth. 
  6. DCFS Worker:  This person works for the Division of Child and Family Services (DCFS) and will be present at child welfare proceedings. 
  7. Clerks: The clerk sits in the court, records everything that people say, and creates an official record of the court proceeding.  
  8. Bailiffs: This person is usually a county sheriff deputy. Bailiffs are responsible for notifying the judge when the court is ready to start, and for the enforcement of simple standards and order within the courtroom.  

 

How Does a Minor End Up in Detention? 

A minor may be placed in detention if:

  1. They commit a "holdable" offense, like:
    • Distributing a controlled substance
    • Possessing a dangerous weapon
    • Breaking into a home
  2. They have run away from court-ordered placement
  3. They have failed to appear at a court hearing. 

If a minor has been placed in a detention center, their parents will be notified immediately.  With the exception of weekends and holidays, a minor cannot be held for longer than 48 hours without a court hearing, during which it will be decided where they should be placed afterwards or whether or not they should be released.  

Read Utah Code 80-6-205 to learn more about the rights of a minor while in detention.  

 

Preparing for Court: The "Preliminary Interview"

If a minor receives a referral or citation to appear in juvenile court, they may be asked to participate in a voluntary preliminary interview. A preliminary interview is a meeting between the minor, the parent(s) or guardian, a probation officer, and a lawyer, if desired. The idea of a preliminary interview is for the probation officer to decide whether or not the juvenile has to go before a judge, or whether the referral can be resolved informally without seeing a judge.

The probation officer will:

    The probation officer will also look at:
    • Explain the court process to the juvenile
    • Explain the minor's rights
    • Explain why the minor has been referred to the juvenile court
    • Ask the minor about school, family, friends, and outside circumstances that will inform the probation officer's decisions
    • Conduct an assessment that tells the court about the minor's need for assistance in changing their behaviors
    • Ask the minor to complete a mental health screening
    • How serious the offense is
    • The minor's prior court involvement
    • The age of the minor

     

    What Can the Minor Expect?

    A minor may be nervous about or not know what to expect during the preliminary interview. To get a feel for what will take place, here are some sample topics and questions that the probation officer may ask the minor or the parents about:

    • Family Profile: This includes questions about the minor's siblings, parents, and their family relationships.
    • School: The probation officer may ask the minor where they attend school, what programs they are involved in, and their relationships with teachers, counselors, and fellow students.
    • Goals and Aspirations: The minor may be asked about future plans for school and work.
    • Peers: This topic may cover questions such as how many close friends the minor has as well as activities their friends are involved in.
    • Parental Questions: The probation officer may also ask the parents questions about their behavior.

     

    Where Do We Go From Here?

    Case Closed

    Going to Court

    After evaluating the facts, the probation officer may decide that the minor can take care of the referral without seeing the judge. If this occurs, the minor, the probation officer, and the parent will enter into a nonjudicial agreement.  As long as the minor follows through on the items required in the agreement, they will not have any further involvement with the system. 

     

    When the minor follows through with the agreement, the case will be closed. If the minor fails to follow through, their case will be sent to a prosecutor for review. (See Step Three). If the minor’s record only contains successfully completed non-judicials as they turn 18, they may be eligible for automatic expungement.

     

    After evaluating the facts, the probation officer may decide that the minor's case should be screened by a prosecutor.  The minor may also have to see a judge if:  

    • The referral or citation contains a class A misdemeanor or a felony
    • If a minor does not want to enter into a nonjudicial agreement
    • If the minor is high risk on a Pre-Screen Risk Assessment (PSRA)
    • If the minor has too many unsuccessful nonjudicial agreements 

    If the minor is going to court, click here to learn more about the next step in the process, the arraignment.

     

    What is a Nonjudicial Agreement?

    It is a written agreement between the juvenile, the probation officer, and the parent(s). Once the minor completes the requirements of the agreement, their involvement with the juvenile court is complete.  So what could a minor agree to if they sign a nonjudicial agreement?  A minor may be asked to:  

    • Pay a fine (not more than $72.50 per offense)
    • Meet with and/or pay the victim back for any damage caused ("restitution").
    • Complete community service hours
    • Engage in counseling
    • Participate in drug or alcohol treatment
    • Participate in other reasonable interventions to help a minor's growth and success and to protect the community
    • Work with the probation officer to complete a case plan around the youth's needs

    Read Utah Rule of Juvenile Procedure 15 to learn more about Nonjudicial Agreements. 

    Quick Facts: On average, 63% of delinquency cases referred to the Juvenile Court are closed nonjudicially (without going before the judge).  

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