Utah Code 80-6-306. Plea — Withdrawal of a plea

80-6-306. Plea — Withdrawal of a plea.

(1)

If a minor is facing a delinquency proceeding under this chapter, the minor may enter:

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Utah Code 80-6-306

Adjudication: means a finding by the court, incorporated in a decree, that the facts alleged in the petition have been proved. See Utah Code 80-1-102
Disposition: means an order by a juvenile court, after the adjudication of a minor, under Section 80-3-405 or 80-4-305 or 7. See Utah Code 80-1-102
Minor: means , except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:

(a)	a child; or

(b)

an individual:

(i)

(A)	who is at least 18 years old and younger than 21 years old; and

(B)	for whom the Division of Child and Family Services has been specifically ordered by the juvenile court to provide services because the individual was an abused, neglected, or dependent child or because the individual was adjudicated for an offense;

(ii)

(A)	who is at least 18 years old and younger than 25 years old; and

(B)	whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(b); or

(iii)

(A)	who is at least 18 years old and younger than 21 years old; and

(B)	whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(c). See Utah Code 80-1-102 Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
(a)	a denial of the alleged offense;

(b)	an admission of the alleged offense; or

(c)	with the consent of the juvenile court, a plea of no contest as described in Section 77-13-2.

(2)

(a)

If a minor enters an admission under Subsection (1), the juvenile court may:

(i)	delay in entering the admission for a defined period of time; and

(ii)	impose conditions on the minor for the period of time under Subsection (2)(a)(i).

(b)	If the minor successfully completes the conditions imposed under Subsection (2)(a)(ii), the juvenile court shall dismiss the petition filed under this chapter.

(c)

If the minor fails to complete the conditions imposed under Subsection (2)(a)(ii), the juvenile court shall:

(i)	enter the minor’s admission; and

(ii)	proceed with ordering a disposition in accordance with Section 80-6-701.

(3)	If a minor declines to enter a plea, the juvenile court shall enter a denial.

(4)	A minor’s counsel may enter a denial in the absence of the minor or the minor’s parent, guardian, or custodian.

(5)

The minor may enter an admission to:

(a)	a lesser included offense;

(b)	an offense of a lesser degree; or

(c)	a different offense for which the juvenile court may enter after amending the petition.

(6)	A plea under this section shall be conducted in accordance with Utah Rules of Juvenile Procedure, Rule 25.

(7)	A minor may withdraw a denial of an offense at any time before an adjudication under Section 80-6-701.

(8)

A minor may only withdraw an admission or a plea of no contest upon:

(a)	leave of the court; and

(b)	a showing that the admission or plea was not knowingly and voluntarily made.

(9)

(a)	Even if the juvenile court has ordered a disposition under 7, a minor shall make a request to withdraw an admission, or a plea of no contest, within 30 days after the day on which the minor entered the admission or plea.

(b)	If the juvenile court has not entered a disposition, the juvenile court may not announce a disposition until the motion to withdraw under Subsection (9)(a) is denied.

Enacted by Chapter 261, 2021 General Session

Previous section

Next section

Part 3 Contents