by admin | May 14, 2021 | Criminal Procedure, Utah
(a)Probable cause determination. (a)(1) A person arrested and delivered to a correctional facility without a warrant for an offense must be presented without unnecessary delay before a magistrate for the determination of probable cause and eligibility for pretrial...
by admin | May 14, 2021 | Criminal Procedure, Utah
(a)Right to counsel. A defendant charged with a public offense has the right to self representation, and if indigent, has the right to court-appointed counsel if the defendant faces any possibility of the deprivation of liberty.(b)Capital case qualifications. In all...
by admin | May 14, 2021 | Criminal Procedure, Utah
(a)Warrant. If it appears from an affidavit filed by a party that a material witness in a pending case will not appear and testify, a magistrate may issue a warrant and fix bail with or without sureties and in a sum considered adequate for the appearance of the...
by admin | May 14, 2021 | Criminal Procedure, Utah
(a)Burden of proof. At the preliminary examination, the state has the burden of proof and proceeds first with its case. At the conclusion of the state’s case, the defendant may testify under oath, call witnesses, and present evidence. The defendant may also...
by admin | May 14, 2021 | Criminal Procedure, Utah
(a)Initial appearance. At the defendant’s initial appearance, the court must inform the defendant: (a)(1) of the charge in the information, indictment, or citation and furnish a copy;(a)(2) of any affidavit or recorded testimony given in support of the...
by admin | May 14, 2021 | Criminal Procedure, Utah
(a)First appearance. At the defendant’s first appearance, the court must inform the defendant: (a)(1) of the charge in the information or indictment and furnish a copy;(a)(2) of any affidavit or recorded testimony given in support of the information and how to 4...
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