Summit county utah and criminal court

Bear in mind that traffic violations are criminal matters by nature. The Court follows all applicable rules, statutes, and codes governing trial procedure. However, the following general information is provided as a guide to assist you. For specific legal advice concerning your case, you must consult an attorney.

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Neither the Court nor the clerk may provide legal assistance to you. Every time you arrive for court, you should check in first with the court clerks at the front counter. Additional information may be provided to you by the clerks concerning your hearing or case. Usually, you will be sent to a room to watch a short video explaining the court proceeding and your Constitutional Rights. Some traffic violations have been designated as non-mandatory appearance matters. If you are cited for violating a traffic ordinance for which your appearance in court is not mandatory, you may contact the Court to find out the amount of the bail for your offense s.

If you do not dispute the citation, you may choose to simply pay the bail amount. You may pay by check, money order, or via credit card. If paying by check you may either mail the payment to the court, or appear in person at the court during regular business hours.

Credit card payments can either be applied online , or you may call the court directly at If you would like to pay by cash, you must come to court during regular business hours. If you do not post bail within fourteen days, a late fee will be assessed and a warrant for your arrest may be issued. If you wish to dispute the citation or if you are cited for violating a traffic ordinance for your which appearance in court is mandatory, you must appear at the Court in not less than five 5 days and not more than fourteen 14 days after issuance of the citation.

When you appear at the Court, you may set a date for your matter to be heard by the Court. Failure to appear for your arraignment will result in a warrant being for your arrest. The only way to keep a ticket off your record is not to be convicted on the ticket. If you are found not guilty after trial, you will not have a conviction.

If you qualify for a plea-in-abeyance and successfully complete you plea-in-abeyance agreement, there will be no conviction entered on your driving record. The first step in the judicial process for traffic matters is an arraignment. You may waive your right to an arraignment. At the arraignment, you will be notified of the charge s brought against you, the location, the date and time at which the crimes are alleged to have occurred.

You are not required to enter a guilty at this time. A video presentation explaining your Constitutional rights will be played. In addition, a waiver of Constitutional Rights Form is available for you to read. You should also bring with you any documents or records which will help you, such as proof of registration, proof of insurance, driver's license, and of repair in the case of equipment violations. An attorney will only be appointed to assist you if you cannot afford one and your offense is jailable if convicted.

Attorneys are rarely appointed in traffic matters as most traffic offenses are not jailable. If an attorney is appointed, you may be required to repay some or all of the cost of an attorney. If you plead guilty or no contest, you have the right to delay hearing your sentence for two days but not more than 45 days, but you may waive that time and be sentenced at arraignment. If you plead not guilty, your case will be set for a pretrial. A pretrial conference is helpful if there is evidence available which can be used to resolve a charge without a trial, such as providing proof of insurance, driver's license or registration.

If your matter is set for a Pretrial Conference, you will have the opportunity to discuss your case with the prosecutor.

What is the process for criminal cases in Utah?

The prosecutor may offer to reduce the charge in exchange for your guilty plea or no contest plea "plea bargain". The prosecutor is not obligated to offer a plea bargain and you have no right to a plea bargain. You are not obligated to accept the 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 trial or bench trial.

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The pretrial conference provides you a chance to show the prosecutor any evidence which might convince the prosecutor to reduce or dismiss your charge s. For example, you may have proof of a driver's license or registration. You may have proof of insurance or a receipt showing repair of an equipment violation. Again, the prosecutor is not obligated to do so, nor are your obligated to accept their offer. If you are unable to resolve the matter, a trial will be scheduled. In a bench trial, the Court will hear the evidence presented by both sides, then decide whether you are guilty or not guilty.

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After the 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 side of the story, but you are presumed innocent and are not required to testify or present evidence.

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Either side may present testimony by witnesses or submit documents, subject to the Utah Rules of Evidence and the Utah Code and Rules of Criminal Procedure. After your finish presenting your side of the story, then both sides will have the opportunity to rebut the other side. This is done by presenting additional testimony or evidence. If you are found not guilty, then you are free to go and the proceedings end. If you are found guilty, then you will have the right to be sentenced in not less than two days nor more than forty-five days. In most cases, you may waive this right and receive your sentencing immediately.

Park City Utah Criminal Defense Lawyer

Skip to Main Content. Brass argued that his client talked to everyone who was waiting outside the courtroom that day — not just the potential jurors — and he was just making small talk, not trying to influence jurors who might hear the case. The testimony was that he was given no instruction as to how he was to conduct himself. He's just a nice friendly guy. Summit County prosecutors alleged Chamberlain broke the law when he asked the potential jurors about their value system, family situation and whether or not they wanted to be on a jury and why. This was information that could have helped the prosecution team in selecting a jury, according to charges.

Several other witnesses from [the] jury pool that day testified. It is our duty to uphold the integrity of our system of justice. The jury decided not to convict, and — consistently with our respect for our system — we accept that decision. Chamberlain was allowed to stay on the county payroll while the case was pending, but he did other work — like digging graves over the winter — instead of investigating cases. Brass said with the trial behind him, Chamberlain is ready to get back to his regular job, which includes not just investigative tasks but also working with defendants in drug court.

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A judge ultimately declared a mistrial in the case where Chamberlain was accused of witness tampering — not because of anything Chamberlain did, but because too few people showed up for jury duty. The trial was moved to Salt Lake City, and jurors there found the men not guilty of all charges.

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