Duchesne County
Justice Courts
If you've been charged
with a crime in Duchesne County the following information may
help you through the criminal justice system.
(Click here for a Criminal
Process Overview flowchart.)
The courts comply with
all applicable rules, statutes, and codes governing trial
procedure. This information is to provide a general guide to
criminal defendants. For specific legal advice concerning your
case, you must consult an attorney. Neither the Court nor the
clerks may provide legal advice to you.
When you arrive at the
court you should check in with the court clerk. The clerk may
have information for you regarding your case. Prior to your
arraignment you will be advised of your constitutional rights.
You may take advantage of these rights before you see the judge
or during the court proceedings.
Arraignment
The first step in the
judicial process for criminal matters is an arraignment. At the
arraignment, you will be advised of the charge(s) brought
against you. You will be advised of the time, date, and location
where the alleged crimes violation(s) happened. You may enter a
plea of guilty, not guilty or no contest to the charges at this
time.
You can advise the court at this time of your intent to obtain
counsel from an attorney. You may also request appointment of an
attorney to represent you at this time. If you want to have an
attorney appointed to represent you, you must understand the
requirements on the court in order for it to make that
appointment. You must not be able to afford your own attorney.
Also, a potential jail time consequence must be statutorily
available for the violation that you are accused of.
If an attorney is
appointed to represent you, you may be required to repay some or
all of the cost of the attorney if you are convicted of the
offense against you. If you believe that you will qualify for a
court appointed attorney and would like to ask the court to
appoint one, you must ask the court clerk for an Affidavit of
Appointment of Counsel. Please fill out the Affidavit and submit
it to the court clerk.
If you plead not
guilty, your case will be set for a pretrial conference. If you
plead guilty or no contest, you may be sentenced immediately or
you can ask the court to delay sentencing for at least two days.
If you plead guilty or no contest, you will be giving up
important Constitutional rights.
Pretrial
Conference
At the pretrial
conference, you will have the opportunity to discuss your case
with the prosecutor. You are not required to discuss your case
with the prosecutor. However, it is an opportunity to tell your
side of the events. The prosecutor may offer to reduce the
charge(s) in exchange for your guilty or no contest plea ("plea
bargain"). The prosecutor is not obligated to plea bargain and
you have no right to a plea bargain. You are not required to
accept any offer made by the prosecutor. The court will not
reduce the charge against you on its own motion. If you and
the prosecutor are unable to resolve your case at the pretrial
conference, your case will be set for a jury or bench trial.
Trial Procedures
In a bench trial, the
court will hear the evidence presented by both sides. The judge
will decide whether you are guilty or not guilty. In a jury
trial, a panel of four jurors will hear your case, then decide
whether you are guilty or not guilty. You have a right to a jury
trial if you can be jailed as a consequence of being found
guilty of the charge(s). Non-lawyers who desire a jury trial are
encouraged to 1) get an attorney or 2) study the applicable
rules, laws and codes governing jury trials. You can
jeopardize your rights or liberty if you do not follow the
rules.
Since the prosecution
has the burden of proof to prove their cases beyond a reasonable
doubt, they have the first opportunity to speak to the court.
This is called an opening statement. After the prosecution has
made its opening statement, the defense has the option to make
an opening statement or to wait until the beginning of their
turn to present evidence and witnesses.
The opening statement
is an opportunity to describe the types of evidence that will be
presented and what you hope the evidence will mean to the judge
or the jury. Neither side is required to make an opening
statement.
After opening
statements, the prosecution presents its "case-in-chief." The
prosecutor will offer evidence to prove that a crime was
committed and that you committed the crime. After the
prosecution is done, you will have the opportunity to present
your evidence. Either side may present witnesses or submit
documents, subject to the Utah Rules of Evidence and the Utah
Rules of Criminal Procedure.
After you finish
presenting your argument, both sides will have the opportunity
to rebut the other side. This is done be presenting additional
evidence or testimony. The prosecutor will go first and the
defense will follow. After each side is done, closing arguments
are made.
Closing arguments are
an opportunity for both sides to explain to the court why their
arguments are right. Again, the prosecution will go first, and
then the defense will follow. The prosecution will have the
chance to finish with a closing argument. The case is then
submitted to the court or the jury for a determination as to
guilt. If you are found not guilty, then you are free to go and
the proceedings will end.
If you are found
guilty, sentencing will be delayed for at least two days and may
be delayed for as many as forty five days. In most cases, you
may waive this right and hear your sentence immediately. The
court may order that you take a blood test or report for a
pre-sentence evaluation. If the court orders, you will be
required to report to an agency. It is important for you to
comply with the instructions of the court. Failure to comply
with the court's order may result in a warrant being issued for
your arrest. The following table shows the range of
penalties which the court may impose:
|
Class of Offense |
Jail Time |
Base Fine |
|
Class B
Misdemeanor |
0 - 180 days |
$0-1,000.00 |
|
Class C
Misdemeanor |
0 - 90 days |
$0-750.00 |
|
Infractions |
0 days |
$0-750.00 |
In addition to the base
fine, the State requires those convicted of certain crimes to
pay a surcharge of either 35% or 85% of the base fine depending
on the crime. Certain offenses require that a $32.00 court
Security fee be imposed. The court can explain the base fine,
surcharge, court Security fee associated with any fine imposed
by the court.
You may also receive
probation from the court. If the court imposes probation, the
court will explain each of the terms and conditions of your
probation to you.
You must fully
comply and complete each term of probation.
Failure to complete
the terms of probation can result in the revocation of your
probation.
