Lohra L. Miller
District Attorney
Salt Lake County
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CRIMINAL JUSTICE PROCESS
OFFICE OF THE DISTRICT ATTORNEY
The Salt Lake District Attorney's Office operates under the leadership of Lohra L. Miller,
the Salt Lake County Distict Attorney. The office is a professional government law office
engaged in diverse areas of legal practice and staffed by public servants working on behalf
of the citizens of Salt Lake County.
WHERE THE PROCESS BEGINS
Investigation & charge
The criminal justice system begins with a report that a crime has occurred. Law enforcement
officers investigate these reports and forward the results to the District Attorney's Office.
If enough evidence is found to bring charges, the prosecutor files and "Information" with the
Court-a formal document that charges or alleges that the defendant committed one or more crimes.
Summons/Bail
After being charged with committing a crime, a defendant can be ordered to appear in Court in
one of two ways -being served a "Summons" to appear, or being arrested. A "Summons" orders the
defendant to appear in Court at a specific time on a specific day.
If the defendant is arrested, he or she may be released from jail with the defendant's promise
to appear in Court on the appointed day. Some defendants may not qualify for or be able to post
bail, and are held in jail until the trial and sentencing procedures are completed. In these cases
the defendant is entitled to have the proceedings scheduled as quickly as possible.
FIRST HEARINGS AT COURT
First Appearance
The first time a defendant is required to appear in Court on a criminal charge is called the
"First Appearance." If the defendant is found to be indigent, or unable to hire a lawyer,
the Court appoints a lawyer to represent him or her. These lawyers are often referred to a
legal or public defenders.
Bail Hearing
If a defendant cannot post bail, he or she is entitled to a "Bail Hearing." The prosecution and
defense can present evidence at this hearing. Ultimately, the judge decides whether the defendant
is entitled to bail and, if so, how much bail is warranted.
PRELIMINARY HEARING & ARRAIGNMENT
Preliminary Hearing
Before a felony case can be set for trial, the prosecutor must first prove there is sufficient evidence
to warrant a trial. The proof is made during a "Preliminary Hearing." The amount of evidence required
at this hearing is less than required at a trial. If the evidence is sufficient, the judge will bind the
defendant over for trial. Preliminary hearings are not held if the defendant is charged only with misdemeanors.
Arraignment
After the preliminary hearing, the next Court appearance is called the "Arraignment." The arraignment can
be held immediately after the preliminary hearing or be scheduled for another day. At the arraignment, the
defendant enters a plea of "Guilty" or "Not Guilty." If the defendant pleads "not guilty," the judge will
set the next hearing. Generally the next hearing is a "Pre Trial Conference." If the defendant pleads
"guilty," the judge will schedule a date for sentencing. If there is no resolution, the case is set for
trial.
Motion Hearings
There may be hearings scheduled for the attorneys to argue pre-trial legal motions. The court may rule
on various issues that relate to how the trial will be conducted and on the admissibility of evidence.
TRIAL
Pre-Trial Conference
In each case there can be numerous "Pre-Trial Conferences." These conferences are scheduled to facilitate
plea negotiations or discuss trial issues.
Trial
The "Trial" is where the prosecution is required to prove the defendant's guilt. The level of proof required
to convict a defendant is "beyond a reasonable doubt." The judge presides over the trial, rules on the admissibility
of evidence, and instructs the jury on what law applies to the case. The jury decides whether the defendant
is guilty or not guilty. If the defendant is found "guilty," the Court schedules a date to "Sentence" the defendant.
If a defendant is found "not guilty," he or she is free to go and the criminal justice process is completed.
A finding of "not guilty" does not necessarily mean the jury believed that the defendant is innocent. It does
mean that the evidence presented did not convince the jury beyond a reasonable doubt that the defendant is guilty
of the charged crime.
SENTENCING
Generally, prior to sentencing a defendant, the judge will request a "Pre-Sentence Investigation." An Adult Probation
and Parole (AP&P) agent conducts this investigation. The investigator contacts the defendant; the victim and any other
interested parties, prepares a written report and forwards the results to the judge, defense attorney and prosecutor.
The report includes a recommendation for the sentence. Sometimes a formal mental health evaluation or other evaluation
is included with the report. The judge may or may not follow the recommendations.
For felony cases, the sentence can be prison, jail, or probation. Prison sentences in Utah are typically for indeterminate
times, such as 1 to 15 years. The Board of Pardons and Parole makes the decision how long the defendant will actually serve.
Defendants cannot be sent to prison for misdemeanors.
PROBATION & PAROLE
Often, a defendant is sentenced to probation. While on probation, the defendant is required to abide by a list of rules such
as having no contact with the victim, maintaining a curfew, maintaining employment, payment of restitution to the victim, etc.
If the defendant violates any term of probation he or she may be brought back to Court to answer to the judge. The judge can
put the defendant in jail, impose additional conditions of probation or send him or her to prison.
Parole is similar to probation except that it is for defendants who have served a prison sentence. After being released from
prison, defendants are placed on supervised parole. If a defendant violates a "condition" of parole, he or she answers to the
Board of Pardons & Parole rather than to a judge. Once a defendant successfully completes probation or parole, the criminal
justice process is completed.
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