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Rule 25. Pleas.

(a) A minor may tender a denial of thealleged offense, may tender an admission of the alleged offense, or may, with the consent of the court, tender a plea of nocontest which shall have the effect set forth in Utah Code Section 77-13-2. Ifthe minor declines to plead, the court shall enter a denial. Counsel for theminor may enter a denial in the absence of the minor, parent, guardian orcustodian.

(b) When denial is entered, the court shallset the matter for a trial hearing or for a pre-trial conference.

(c) The court may refuse to accept anadmission or a plea of no contest and may not accept such plea until the courthas found:

(c)(1) that theright to counsel has been knowingly waived if the minor is not represented bycounsel;

(c)(2) that theplea is voluntarily made;

(c)(3) that the minor and, if present, theminor's parent, guardian, or custodian, have been advised of, and the minorunderstands and has knowingly waived, the right against compulsoryself-incrimination, the right to be presumed innocent, the right to a speedytrial, the right to confront and cross-examine opposing witnesses, the right totestify and to have process for the attendance ofwitnesses;

(c)(4) that the minor and, if present, theminor's parent, guardian, or custodian have been advised of the consequenceswhich may be imposed after acceptance of the admission of the alleged offenseor plea of no contest;

(c)(5) that the minor understands the natureand elements of the offense to which the plea is entered, that upon trial theprosecution would have the burden of proving each of those elements beyond areasonable doubt, and that the plea is an admission of all those elements;

(c)(6) that thereis a factual basis for the plea; and

(c)(7) whereapplicable, the provisions of paragraph (e) have been met.

(d) The minor may be allowed to tender anadmission to a lesser included offense, or an offense of a lesser degree or adifferent offense which the court may enter, after amending the petition.

(e) Plea discussions and agreements areauthorized in conformity with the provisions of Utah Rule of Criminal Procedure11. The prosecuting attorney may enter into discussions and reach a proposedplea agreement with the minor through the minor's counsel, or if the minor isnot represented by counsel, directly with the minor. However, the prosecutingattorney may not enter into settlement discussions with a minor not representedby counsel unless the parent, guardian or custodian is advised of thediscussion and given the opportunity to be present.

(f) A minor may tender an admission which isnot entered by the court for a stated period of time. Conditions may be imposedupon the minor in that period of time and successful completion of theconditions set shall result in dismissal upon motion. If the minor fails tocomplete the conditions set, the admission shall be entered and the court shallproceed to order appropriate dispositions.

AdvisoryCommittee Notes