Navigating the Utah Criminal Process: Explained

Understanding the Utah Criminal Process: From Allegation to Appeal

Initial Stages of a Criminal Case

Charging Time

The time between an allegation and formal charges varies for a Utah criminal process:

• Prosecutors charge violent crimes almost immediately
• Drug charges often take weeks to process
• Authorities may charge old sexual offense allegations years later

For more information, refer to the article on Utah criminal statute of limitations.

First Appearance

At this initial court date, you’ll hear the formal presentation of charges. Typically:

• You’ll spend more time waiting than in the actual hearing
• The court may address bail, jail release, and pretrial protective orders

Timing:

• If not in custody: Expect 4-6 weeks in major Wasatch front counties
• If in custody: The court must process you within 72 hours

Bail and Protective Orders

Bail Hearings

The Utah Constitution and Utah Code 77-20-101 govern bail hearings. Courts presume bail unless exceptions apply. However, notifying the alleged victim and prosecutor can delay the hearing by about 2 weeks.

Pretrial Protective Orders

Common types include:

• Jail Release Protective Order
• Criminal pretrial protective order

To modify these orders:

• File a motion
• Wait 14 days for response time

Critical Hearings

Waiver Hearing

At this decision point, you’ll choose whether to:

• Proceed with a preliminary hearing
• Waive the preliminary hearing

Timing: Courts schedule these at 4-6 week intervals

Preliminary Hearing

During this hearing:

• A judge assesses if enough evidence exists to continue the case
• The government must prove probable cause
• It resembles a mini-trial, favoring the government

Timing: Scheduling usually takes 45-60 days

Arraignment

At this stage:

• You’ll enter a formal plea (guilty, not guilty, or no contest)
• If in custody, the court schedules it quickly
• If out of custody, it follows the normal 4-6 week rotation

Pre-Trial Proceedings

Pretrial Motions

Both sides may file motions, including:

• 404(C) Motion: For introducing evidence of prior child molestation acts
• 404(B) Motion: For introducing prior bad acts in any criminal case

Pretrial Conference

• Multiple conferences may occur
• Attorneys discuss potential settlements
• The judge must approve any agreements reached

Plea Bargaining

While plea bargains often resolve cases without trial, some cases, like sex offenses or domestic violence, may follow an “All or Nothing” approach from the beginning.

The Trial

Choosing Between Jury and Bench Trial

You can opt for:

• Jury trial: Requires a unanimous verdict
• Bench trial: A judge decides the outcome

However, the government must agree to waive the jury for a bench trial.

Trial Process

1. Opening Statements
2. Presenting Evidence and Witnesses
3. Jury Instructions
4. Closing Arguments
5. Deliberations

Post-Trial Proceedings

Verdict

The jury may return:

• Guilty (on all or some charges)
• Not guilty (on all or some charges)
• Not guilty by reason of insanity or other legal defenses
• Guilty but mentally ill

Sentencing

After a conviction or guilty plea:

• Sentencing can occur within 2 to 45 days
• The court may order a Presentence Investigation (PSI)

Appeals

You have:

• An automatic right to appeal after a trial
• The right to an appellate attorney if you can’t afford one

Appeals typically take months, sometimes a full year.

Post-Conviction Relief

Less common options include:

• Utah Rule of Civil Procedure 65C
• Post-Conviction Remedies Act (Utah Code Title 78B, Chapter 9)
• Federal habeas corpus appeals

For expert guidance through the Utah criminal process, contact Criminal Defense Attorney Jake Gunter at (801) 373-6345.