Effective 9/1/2021
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:
- (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.
- (a) If a minor enters an admission under Subsection (1), the juvenile court may:
- (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 Part 7, Adjudication and Disposition, 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