There are a number of organizations involved in the criminal justice process in Salt Lake County. Along with the District Attorney’s Office, various law enforcement agencies, the Third District and West Jordan Courts, Legal Defenders Association, and private defense attorneys, all play major roles in the pursuit of justice in our community. The following description outlines the criminal process in Salt Lake County:
Crime Reporting and Investigation
The process begins when a crime is committed and subsequently reported to one of the various law enforcement agencies found throughout Salt Lake County. The law enforcement agency will investigate the reported incident, create a police report and take it to the District Attorney’s Office for screening.
Special Note: If you wish to report a crime, please contact your local law enforcement agency.
District Attorney’s Office Screens the Case
Once an officer brings a case to the DA’s Office, the attorneys in the Screening Unit will review the facts of the case and determine which laws, if any, were broken by the person allegedly committing the illegal act(s). If the attorney determines that the law was indeed broken, and that there is sufficient evidence to support criminal charges against the accused, the attorney will prepare a formal charging document, called an Information. When the Information is ready, the investigating officer will file the document with the courts. Generally, if a crime is committed in the northern half of Salt Lake County, the ensuing Information will be filed with the Matheson Courthouse. If the offense occurred in the southern half of the valley, the Information will be filed with the West Jordan Courthouse.
Court Hearings
All court hearings are open to the public unless otherwise ruled by the court.
First Arraignment/Initial Appearance
Once an Information is filed, the defendant appears in court for the first time. The first court hearing is called a first arraignment. In this initial appearance, the defendant is notified of the charges against him/her. Additionally, if the defendant needs court appointed counsel, a defense attorney will be appointed.
Roll Call
After the defendant has retained counsel, a roll call hearing is scheduled. At this brief hearing, the defense attorney appears with the defendant for the first time. Additionally, a defendant can enter plea of guilty or not guilty (if he/she chooses). If the defendant pleads guilty, the case goes straight to sentencing. If no resolution is reached, the case moves to a resolution hearing.
Resolution Hearing
Resolution hearings provide the prosecutor and defense counsel the opportunity to meet and discuss the possibility of resolving a case before trial. If an agreement can be reached, the defendant enters a plea and the case moves to sentencing. If a just resolution cannot be agreed upon, the case proceeds to a preliminary hearing.
Preliminary Hearing
Preliminary Hearings give the judge an opportunity to hear the evidence in a case and decide whether or not there is “probable cause” (sufficient evidence) to move forward with the case. Witnesses are subpoenaed to testify and the prosecutor presents evidence supporting criminal charges. If the Judge determines that there is sufficient evidence, he/she will “bind over” the defendant to a trial judge on the appropriate charges. If the judge finds that there is insufficient evidence to support any one or all of the charges, they are dismissed.
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Trial Hearings
District Court Arraignment/Scheduling Conference
At this point, the defendant appears before the trial judge for the first time and trial dates are set. These two events can occur at the same hearing or in two separate hearings.
Pretrial Conference
This hearing allows the judge the opportunity to ensure that both the prosecution and defense are ready for trial.
Trial
There are two types of trials, bench trials and jury trials. Bench trials are conducted before the judge who ultimately decides guilt or innocence. Jury trials begin with jury selection. Attorneys have the opportunity to interview a pool of possible jurors and determine which candidates will serve on the jury, and eventually render a verdict in the case.
Witnesses are once again subpoenaed and evidence is presented to the judge or jury. The presentation of evidence begins with opening arguments. The prosecution then presents its case. Witnesses are called and questioned by both the prosecution and defense. Once the prosecution has presented all of its evidence, the defense presents its case. After both sides have entered all of their evidence, the trial concludes with closing arguments.
The judge or jury is then asked to determine the guilt or innocence of the defendant. The jury deliberates, makes its determination, and then presents that decision to the court.
If the defendant is found not guilty, the criminal process ends. If the defendant is found guilty, the case moves to a sentencing hearing.
*At any point during the Overview, up until a verdict is rendered, a defendant can enter a guilty plea and move straight to sentencing.
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Sentencing Hearing
Generally, sentencing hearings take place about six to eight weeks after a defendant is convicted. This allows various probation agencies enough time to complete presentence reports and evaluations which will help the judge make appropriate sentencing decisions. Additionally, victim(s) representatives have the right to speak or write letters to the judge, which will also be considered in sentencing.
The judge will order a sentence that falls within the following general guidelines:
- Defendants convicted of a First Degree Felony may be sentenced to probation or a term of up to five years to life in prison and a $10,000 fine.
- Defendants convicted of a Second Degree Felony may be sentenced to probation or a term of up to one to fifteen years in prison and a $10,000 fine.
- Defendants convicted of a Third Degree Felony may be sentenced to probation or a term of up to zero to five years in prison and a $5,000 fine.
- Defendants convicted of a Class A Misdemeanor may be sentenced to probation or a term of up to one year in jail and a $2,500 fine.
- Defendants convicted of a Class B Misdemeanor may be sentenced to probation or a term of up to six months in jail and a $1,000 fine.
- Defendants convicted of a Class C Misdemeanor may be sentenced to probation or a term of up to ninety days in jail and a $750 fine.
Please Note:
*Defendants found guilty on multiple and/or varying counts may be sentenced to serve the various sentences consecutively (one after another) or concurrently (at the same time).
*Defendants convicted of felonies may be sentenced to serve their term in the Utah State Penitentiary.
*Defendants convicted of misdemeanors may be sentenced to serve their term in the Salt Lake County Jail.
*In those instances when a judge orders probation, the judge may order a defendant to serve time in jail, but that term will not be equal to the maximum possible sentence.
*Ultimately, the final length of a felon’s sentence is determined by the Utah Board of Pardons. If you have questions regarding sentencing in a specific case, contact the prosecutor assigned to the case at (801) 363-7900 or the DA Counseling Unit at (801) 363-7911. If you have sentencing questions regarding felons already serving time, please contact the Utah Board of Pardons at (801) 261-6464.
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