Finding Legal Help
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Como encontrar ayuda legal
Usted no está obligado a contratar un abogado, pero los asuntos legales pueden ser complicados. Considere la posibilidad de hablar con un abogado para hablar de sus opciones. Para información sobre cómo obtener ayuda legal vea nuestra página Como encontrar ayuda legal.
Second District Juvenile Court - FAQ's
My child has been referred to Juvenile Court. What now?
Statistics show that 1 out of every 3 juveniles in Utah are referred to juvenile court. These referrals will be for minor "status" offenses like Tobacco and Curfew violations, all the way to misdemeanor-type and felony-type offenses. About 90% of those referred to court never return.
If your child was given a citation for Tobacco or Curfew, the court will send you and your child a letter explaining your options. If he/she admits the charge, it will be handled by mail and he/she will pay a fine.
For all other matters, an Intake Probation Officer will contact you to set up an interview to discuss the matter. At the interview, the Intake Officer will explain the minor's rights, read the police report and find out if the minor wants to admit or deny the allegation. If the minor denies the matter, it will be scheduled for a hearing before a judge. You will have the opportunity to speak with a prosecutor before the hearing.
If the charge is admitted, the Intake Officer will ask questions about what happened, family life, school and other questions to get a good idea about what type of child and family he/she is dealing with. It is the Intake Officer's job to write a report for the judge recommending an appropriate consequence. For some first time offenders, the Intake Officer has the option of handling the case out of court by what is called a Nonjudicial handling.
What is the Non-judicial Program?
About the Program:
- The non-judicial program is conducted on Tuesday afternoons. The purpose of the program is to resolve misdemeanor charges non-judicially (without a Judge). If your child qualifies for the Non-Judicial Program and completes his/her non-judicial contract, he/she will not go before a Judge and the charge will not appear on the juvenile’s adjudicated record. If the contract is not entirely completed, and on time, the charges(s) will be set for court and the sanctions(s) may vary. The program consists of a one hour educational course taught by probation staff. It is designed to educate first time offenders who have been referred on a Class B or Class C misdemeanors, an infraction, or a status offense. A presentation will be given which will describe various offenses. You should leave the program knowing why the referral was made for a particular offense and how to avoid being charged with a law violation in the future.
- After the presentation, your child will receive a non-judicial contract along with other paperwork to be completed. This paperwork will be processed by probation staff, before you leave the building
- All parents/legal guardians MUST SHOW A PICTURE ID at the time of Non-Judicial Program check- in.
- Please arrange for daycare for any younger children as they can be a disruption during the program
- IF YOU ARE MORE THAN 10 MINUTES LATE YOU WILL NOT BE ALLOWED TO PARTICIPATE IN THE PROGRAM .
If you are denying the Charge:
If your child denies the charge(s) you have two (2) options:
- As scheduled on the Letter: you may attend the Non-Judicial Program and personally obtain information on the Court denial process, which must involve a future Court appearance before a Judge.
- Prior to the scheduled date on the Letter: You may call the Probation Department at 801-626-3876 to speak with a probation officer about information on the Court denial process, which must involve a future Court appearance before a Judge. Once a denial is phoned in you need not attend the Non-Judicial Program. The case will be assigned to a probation officer who will contact you in order to obtain information concerning your child. Then, the matter(s) will be set for court and you will be notified, by mail, of a future Court appearance date and time.
If you live outside the County:
- If your child resides outside of Weber County, you need not attend the program. Please contact the court with correct address information regarding your child if it is outside of Weber County. The charge(s) will automatically be forwarded to the appropriate Judicial District for handling based on the child’s address. Please call 801-626-3876 with any questions.
What is a Nonjudicial Closure?
The non-judicial program is conducted on Wednesdays. The purpose of the program is to resolve misdemeanor charges non-judicially (without a judge). If a youth qualifies for the Non-Judicial Program and completes the non-judicial contract, he or she will not go before a judge. If the contract is not entirely completed, and on time, the charge (s) will be set for court and the sanction (s) may vary. If the non-judicial contract is completed, the charge (s) is considered closed.
The program consists of a one hour educational course taught by probation staff. It is designed to educate first time offenders who have been referred on Class B or Class C misdemeanors, an infraction, or a status offense. A presentation will be given which will describe various offenses. The youth should leave the program knowing why the referral was made for a particular offense and how to avoid being charged with a law violation in the future.
After the presentation, the youth will receive a non-judicial contract along with other paperwork to be completed. This paperwork will be processed by probation staff before youth and family leaves the building.
What is Probation?
Probation is one of the many dispositional alternatives that a Judge has available to use when juveniles appear before them for sentencing. Probation is a legal status that allows a juvenile who has been adjudicated delinquent to remain in their home under certain conditions set forth by the Court and the Probation Division. These conditions are outlined in the Probation Order.
The mission of probation supervision in the Second District Juvenile Court is to provide youth who are adjudicated delinquent, with the necessary supervision, support and skills to avoid further penetration into the juvenile justice system and to assist them in becoming productive citizens.
Probation supervision is based on a balanced approach. This balanced approach is three pronged and addresses community protection, offender accountability and competency development.
The concepts of the balanced approach are individually applied to each juvenile placed on probation. The probationer works their way through a series of levels until ultimately they are released from probation. These levels vary from intensive (house arrest supervision) where electronic monitoring may or may not be used, to self-managed, family supervision, where the Probation Department offers support to the probationer and their family on a limited basis as required by the family.
At each level, the Probation Officer "guides" the probationer to the accomplishment of goals established by the juvenile, parents, the Court and the Probation Department. Through each level, the Probation Officer's responsibility is, with the help of the juvenile and the family, to assess, plan, provide supervision and support, and document progress toward the established goals. These processes take place at each level and are documented in a Probation Correctional Plan.
What is the Diversion Program?
Davis Area Youth Center
APD: Randy Gangwer
2465 North Main, Suite 13A
Sunset, UT 84015
Contact: Cindy Clayburn
Home Detention Team Leader
The Diversion Program is provided by the Division of Juvenile Justice Services as an alternative to Detention. The program is for youth that have been placed in temporary custody of The Division of Juvenile Justice Services for a period of 10-30 days. The following services are provided for youth placed on the program.
Tracking: The youth on the Diversion Program are seen anywhere from 1-3 times daily by Youth Corrections Trackers. The youth are seen in their homes, at school, and at their jobs if they are employed.
Work Crew/Antelope Island Crew: The Diversion Program provides opportunities for youth in the program to work off any community service hours or restitution hours. Youth on the Diversion Program can earn anywhere from 3 to 5 hours a day on the Work Crew / Antelope Island Crew.
Treatment Groups: The Davis Area Youth Center provides 5 treatment groups that focus on competency development. These groups are open to anyone in the community free of charge. The treatment groups are as follows:
How should I dress for court?
Inappropriate dress (I.E. shorts, tank tops, halters, bare feet, etc.) are not allowed and will result in your hearing being recalendared. Court costs may be imposed.
Drug Court - Davis County
Drug Court is a reward and sanction program designed to help youth with drug charges deal with their drug use. All youth in the program are between the ages of 12 and 17.5. The Drug Court does not deal with any youth who have distributed drugs, committed sexual offenses or aggravated assaults.
Drug Court is a year long process consisting of four phases. During phase one, each youth receives two to three drug tests per week and sees their judge weekly to review their progress. They also receive up to nine hours of intensive outpatient treatment per week. As they make progress and enter the second and further phases, the number of drug tests, hours of treatment and court appearances decrease.
Early Intervention is a Weber County program. It involves working with adjudicated youth twelve years old and younger in the temporary custody of the Division of Juvenile Justice Services. The juveniles placed on Early Intervention are almost exclusively felony level offenders that meet the juvenile Sentencing Guidelines for Community Based Placement. The benefit to the court and community is the identifying, assisting and providing services to young offenders and their families in an attempt to divert them from further entry into the juvenile justice system. The adage "pay me now or pay me later" comes to mind with this population. Historically the offenders that enter the criminal justice system at an early age commit more crimes throughout their careers. One way to reduce serious and violent offending is through prevention and early intervention with youth who are on paths toward becoming serious offenders. How does one measure the benefit to a youth, family or society that directed a potential long term offender into a productive citizen?
In Fiscal Year 2010, the Utah juvenile courts received 44,432 referrals. These cases were handled by twenty-nine juvenile judges and 1.5 court commissioners. Each judge/commissioner handled an average of 1,457 referrals. Since Fiscal Year 2002, referrals to the Utah Juvenile Court have decreased by 5 percent.
Source: "2010 UTAH STATE COURTS Report to the Community"
Referral to the Juvenile Court
- 1 in 1.8 will be charged with misdemeanor-level offenses
- 1 in 17 will be charged with felony-level offenses
- 1 in 67 will be charged with a felony-level offense against another person
- 1 in 13 will be charged with an offense against another person
- 1 in 4 will be charged with an offense against property
- 1 in 3 will be charged with an offense against the public order
Custody and Supervision
- 1 in 3 will be assigned community service hours
- 1 in 4 will be assigned restitution payments or fines
- 1 in 6 will attend a program or class
- 1 in 9 will be placed on probation with the Juvenile Court
- 1 in 7 will spend time in detention
- 1 in 167 will be committed to a secure facility
The Utah State Courts mission is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law.