Utah Code § 77-1-2
Criminal procedure prescribed
The procedure in criminal cases shall be as prescribed in this title, the Rules of Criminal Procedure, and such further rules as may be adopted by the Supreme Court of Utah.
Utah Code Title 77 — Criminal Procedure
Utah · statute · Utah Code tit. 77 · 596 active provisions
Utah Code § 77-1-3
Definitions
For the purpose of this act: (1) "Criminal action" means the proceedings by which a person is charged, accused, and brought to trial for a public offense. (2) "Indictment" means an accusation in writing presented by a grand jury to the district court charging a person with a public offense. (3) "Information" means an a…
Utah Code § 77-1-4
Conviction to precede punishment
No person shall be punished for a public offense until convicted in a court having jurisdiction.
Utah Code § 77-1-5
Prosecuting party
A criminal action for any violation of a state statute shall be prosecuted in the name of the state of Utah. A criminal action for violation of any county or municipal ordinance shall be prosecuted in the name of the governmental entity involved.
Utah Code § 77-1-6
Rights of defendant
(1) In criminal prosecutions the defendant is entitled to: (a) appear in person and defend in person or by counsel; (b) receive a copy of the accusation filed against the defendant; (c) testify in the defendant's own behalf; (d) be confronted by the witnesses against the defendant; (e) have compulsory process to insure…
Utah Code § 77-1-7
Dismissal without trial -- Custody or discharge of defendant
(1) (a) Further prosecution for an offense is not barred if the court dismisses an information or indictment based on the ground: (i) there was unreasonable delay; (ii) the court is without jurisdiction; (iii) the offense was not properly alleged in the information or indictment; or (iv) there was a defect in the impan…
Utah Code § 77-2-2
Definitions
As used in this chapter: (1) "Commencement of prosecution" means the filing of an information or an indictment. (2) "Diversion" means suspending criminal proceedings before conviction on the condition that a defendant agree to: (a) participate in a rehabilitation program; (b) pay restitution to a victim; or (c) fulfill…
Utah Code § 77-2-2.1
Authorization to file information
Except as otherwise provided by law, no information may be filed charging the commission of any felony or class A misdemeanor unless authorized by a prosecuting attorney.
Utah Code § 77-2-2.2
Signing and filing of information
(1) The prosecuting attorney shall sign all informations. (2) The prosecuting attorney may: (a) sign the information in the presence of a magistrate; or (b) present and file the information in the office of the clerk where the prosecution is commenced upon the signature of the prosecuting attorney. (3) When reasonably…
Utah Code § 77-2-2.3
Reducing the level of an offense
(1) Subject to Subsection (2) and notwithstanding any other provision of law, if a prosecuting attorney determines that it is in the interests of justice, the prosecuting attorney may: (a) present and file an information charging an individual for an offense under Subsections 76-3-103(1)(b) through (d), Subsection 76-3…
Utah Code § 77-2-3
Termination of investigative action
Prior to the commencement of prosecution, the prosecutor may, without approval of a magistrate, authorize a termination of investigative action when it appears that further investigative action is not in the public interest.
Utah Code § 77-2-4
Dismissal of prosecution
After commencement of a prosecution the prosecutor may, upon reasonable grounds, move the magistrate before whom the prosecution is pending to dismiss the prosecution. If, in the judgment of the magistrate, the prosecution should not continue, the magistrate may dismiss the prosecution and enter an order of dismissal s…
Utah Code § 77-2-4.2
Compromise of traffic charges -- Deferred prosecution of traffic infractions -- Limitations
(1) As used in this section: (a) "Compromise" means referral of an individual charged with a traffic violation to traffic school or other school, class, or remedial or rehabilitative program. (b) "Deferral period" means the 12-month period following the date on which an individual submits an application for deferred pr…
Utah Code § 77-2-4.3
Compromise of boating violations -- Limitations
(1) As used in this section: (a) "Compromise" means referral of a person charged with a boating violation to a boating safety course approved by the Division of Outdoor Recreation. (b) "Boating violation" means any charge for which bail may be forfeited in lieu of appearance, by citation or information, of a violation…
Utah Code § 77-2-4.5
Dismissal by compromise -- Limitations
(1) In misdemeanor cases the court may dismiss the case upon motion of the prosecutor if it is compromised by the defendant and the injured party, except under Subsection (2). The injured party shall first acknowledge the compromise before the court or in writing. The reasons for the order shall be set forth and entere…
Utah Code § 77-2-5
Diversion agreement -- Negotiation -- Contents
(1) At any time after the commencement of prosecution and before conviction, the prosecuting attorney may, by written agreement with the defendant, filed with the court, and upon approval of the court, divert a defendant to a non-criminal diversion program. (2) A defendant shall be represented by counsel during negotia…
Utah Code § 77-2-6
Dismissal after compliance with diversion agreement
The court shall dismiss the information or indictment filed against the defendant who has complied with the requirements of a diversion agreement and the defendant shall not thereafter be subject to further prosecution for the offense involved or for any lesser included offense.
Utah Code § 77-2-7
Diversion not a conviction
Diversion is not a conviction and if the case is dismissed the matter shall be treated as if the charge had never been filed.
Utah Code § 77-2-8
Violation of diversion agreement -- Hearing -- Prosecution resumed
If, during the course of the diversion of a defendant, information is brought to the attention of a magistrate or the prosecuting attorney that the defendant has violated the diversion agreement and it appears in the best interests of the community to reinstate and proceed with the prosecution, the prosecuting attorney…
Utah Code § 77-2-9
Offenses ineligible for diversion
(1) A magistrate may not grant a diversion for: (a) a capital felony; (b) a felony in the first degree; (c) any case involving a sexual offense against a victim who is under 14 years old; (d) any motor vehicle related offense involving alcohol or drugs; (e) any case involving using a motor vehicle in the commission of…
Utah Code § 77-2-10
Prosecution of a judge
(1) As used in this section: (a) "Complaint" means the same as that term is defined in Section 78A-11-102. (b) "Judge" means the same as that term is defined in Section 78A-11-102. (2) A prosecuting attorney who files an information or indictment against an individual who is a judge shall immediately file a complaint a…
Utah Code § 77-2a-1
Definitions
As used in this chapter: (1) "Criminal conduct" means the same as that term is defined in Section 77-38b-102. (2) "Pecuniary damages" means the same as that term is defined in Section 77-38b-102. (3) "Plea in abeyance" means an order by a court, upon motion of the prosecuting attorney and the defendant, accepting a ple…
Utah Code § 77-2a-2
Plea in abeyance agreement -- Negotiation -- Contents -- Terms of agreement -- Waiver of time for sentencing
(1) At any time after acceptance of a plea of guilty or no contest but before entry of judgment of conviction and imposition of sentence, the court may, upon motion of both the prosecuting attorney and the defendant, hold the plea in abeyance and not enter judgment of conviction against the defendant nor impose sentenc…
Utah Code § 77-2a-3
Manner of entry of plea -- Powers of court -- Expungement
(1) (a) Acceptance of any plea in anticipation of a plea in abeyance agreement shall be done in full compliance with the Utah Rules of Criminal Procedure, Rule 11. (b) In a case charging an offense for which a defendant may voluntarily pay the recommended fine amount without a personal appearance under Section 77-7-21,…
Utah Code § 77-2a-4
Violation of plea in abeyance agreement -- Hearing -- Entry of judgment and imposition of sentence -- Subsequent prosecutions
(1) If, at any time during the term of the plea in abeyance agreement, information comes to the attention of the prosecuting attorney or the court that the defendant has violated any condition of the agreement, the court, at the request of the prosecuting attorney, made by appropriate motion and affidavit, or upon its…
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