GordianKnot
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What is the criminal court process in Utah? | Intermountain Legal
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4. Initial Appearance. (Class A Misdemeanors & Felonies Only) The Court officially notifies a person of the charges against him or her. The Court may also decide if a bail should be set and if any no contact orders for witnesses should be issued. The Court then sets a date for a scheduling conference or waiver hearing.
5. Scheduling Conference / Waiver Hearing. (Class A Misdemeanors & Felonies Only) After both sides have an opportunity to review the evidence, the Prosecutor and Defense Attorney attempt to negotiate a case settlement. A judge may refuse to accept the settlement but usually will accept any agreement reached by the two sides. If the case is not settled, the case will be set for a Preliminary Hearing or for Arraignment.
6. Preliminary Hearing. (Class A Misdemeanors & Felonies Only) The Prosecutor presents evidence to show that there is enough evidence to “bind over” the case for trial. If the judge believes that there is enough evidence to go to trial for each of the charges, the Court will set the case for a Pretrial Conference or a Trial. If the judge believes that there is not enough evidence, the Court will dismiss the case.
7. Arraignment. The judge reads the charges. The Defendant must then enter a plea. A judge may also decide if any no contact orders for witnesses should be issued. If the Defendant pleads guilty or no contest, the case is set for Sentencing. If the plea is not guilty, the case is set for a Pretrial Conference.
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SFA:
2. Case Screened by Police or Prosecutor. After the initial investigation, the police will either charge a person by citation, or they will send the case to the Prosecutor to be screened. When the Prosecutor receives a case to be screened, he or she will look at the evidence to determine if there is a “reasonable likelihood of conviction.” If they think they have enough evidence, they will file charges. If they do not have enough evidence, they will either dismiss the case, or ask the police to do additional investigation.
3. A Charge is Filed Against a Person. A criminal case officially begins in the court system when the government charges a person with a crime by a citation or a document called a criminal “information.” In class B or C misdemeanor cases, a police officer may file a citation with the court to bring the charge, but in class A misdemeanor or a felony cases, a citation is not permitted. Instead, the Prosecutor must file Information to begin a case. Once a case is filed, the accused person becomes the “Defendant.”
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Hugely helpful, as always and ever, thanks, Pommy!
The way I read this, it looks to me like they're currently between Steps 2 and 3 in the criminal court process right now.
I wonder if the DA is limited to being granted one extension or if he can request the judge for another one-week extension if he's not ready to file charges tomorrow.
One would think there's a limit to how long the government can hold a person who hasn't legally been charged with a crime...I can't imagine extensions can go on indefinitely.
JMO.
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