I. Welcome
What follows is a listing of the most frequently asked questions the DA’s Office receives. The questions fall into the following categories:
Sexual Abuse
Domestic Violence
DUI
Drugs
Case Screening
Overview
Criminal Justice Resources
The DA’s Office
Juvenile Offenses
A. Sexual Abuse
If my child is interviewed at The Children’s Justice Center, will he/she have to testify in court?
There are always exceptions, but generally the answer is yes. Although a videotaped interview may provide sufficient evidence to resolve a case with a plea negotiation or get a case bound over for trial, the defendant’s right to confront witnesses against him/her generally necessitates a child testifying at a jury trial.
If the D.A.’s office declines to file charges, does that mean that they didn’t believe me or my child?
No. Charges are declined for a variety of reasons. Ethically, a prosecutor cannot file charges unless there is a reasonable likelihood of success at trial, based on admissible evidence. Therefore, the prosecutor must examine all evidence, which includes witness statements and physical evidence in order to determine the likelihood of a successful prosecution.
Does the prosecutor represent the victim in a given case?
No. Prosecutors in the DA’s Office represent the people of Salt Lake County. Although the interests of the victim and the public are often aligned, the prosecutor’s job is to ensure that justice is served. Therefore, while the prosecutor is sensitive to the needs and requests of victims, the ultimate decision regarding the outcome of a case lies with the discretion of the assigned prosecutor.
What if I change my mind and decide not to pursue charges?
A victim’s decision plays a role in the ultimate outcome of a prosecution, but will not independently determine whether charges are filed. In ensuring that justice is served, the DA’s Office has an obligation to vigorously prosecute cases where evidence demonstrates that a crime has been committed, even if that conflicts with the victim’s desires.
Will the person who hurt me or my child have to pay for counseling and medical expenses?
The court may order the defendant convicted of a crime to pay restitution to cover these expenses. Additionally, the DA Counseling Unit will provide you with a form to request reimbursement from Crime Victim Reparations so that you may receive payment in a timely manner.
Will I be able to find out if the person who sexually assaulted me or my child has HIV?
As part of the sentence for a sexual offense, at the victim’s request, the court may order a defendant to be tested for HIV. Additionally, the results of this testing may be released to the victim and/or victim’s family.
B. Domestic Violence
If I am a victim of domestic violence and want to drop the charges, can I?
Many people incorrectly believe a victim of crime has the power to “press charges” and “drop the charges” against a defendant. The District Attorney’s Office prosecutes crimes on behalf of the State of Utah. The decision to drop charges in any criminal prosecution can only be made by a prosecutor with the approval of a judge. The victim’s wishes will be considered, but the final determination of whether or not the charges will be filed or dismissed rests with the District Attorney’s Office. If you would like to discuss your case, you should contact the deputy district attorney assigned to your case who can arrange a meeting between you, the prosecutor, and an investigator.
How do I get a protective order?
If the police were called, the officer may have gotten an emergency protective order at the time of the assault. If the police were not called, or if there was nothing that the police could do because there was not enough evidence for there to be criminal charges filed, you can seek your own protective order. You may visit the Utah Courts website at www.utcourts.gov for assistance, call the Legal Aid Society, talk to your police victim advocate, or contact the Salt Lake Area Family Justice Center at (801) 236-3370.
I don’t want to be pushed into leaving him. I just want information and help. What can I do?
Each battered women’s shelter has outreach help and walk-in centers where women who aren’t sure what to do can still get information and help. You don’t have to move into the shelter to get help from the people who work there. Contact them for safety planning, counseling referrals, and general information about what is available in the community.
Charges have been filed, but he wants to talk to me. What should I do?
Most felony cases involve a “no contact” order that directs the perpetrator to cease all contact with the victim and material witnesses. If you are unsure if this is in effect, please contact the prosecutor assigned to your case to discuss your options.
C. Driving Under the Influence (DUI)
Can a person convicted of a DUI get a lower fine?
No. The fines are mandatory, and the judge must impose them.
Can the judge impose more than the mandatory minimum jail time?
Yes. The judge can impose up to the maximum time allowable for the level of offense. However, he/she cannot impose less than the mandatory minimum.
Can a person still be guilty of DUI if they are in their car but it is not moving or is in park?
Yes. The statute states that the person may not operate or be in actual physical control of the vehicle. Sitting in the drivers seat with the keys is exercising physical control over the vehicle.
Will a person convicted of a DUI lose their license?
Yes. The Utah Drivers License Division will suspend or revoke the person’s license, but the type and length of suspension will depend upon the person’s prior convictions. Also, the court may suspend the person’s driving privilege for a length of time in addition to that imposed by the Utah Drivers License Division.
Can a person still be prosecuted if they refuse to take a blood, breath, or urine test?
Yes. The statute prohibits a person from driving if they are under the influence and are incapable of safely operating their motor vehicle. Therefore, if there is other evidence of the person being impaired, they can still be prosecuted regardless of any refusal to take a test. Additionally, the person’s refusal is admissible evidence at trial. A refusal also results in an automatic suspension of the person’s drivers license and if they are found driving within the next five years with any detectable amount of alcohol in their body, they are guilty of a Class B misdemeanor under §41-6a-530.
What if the prior DUI was a Plea in Abeyance?
A plea of guilty or no contest that is held in abeyance is considered the equivalent of a conviction, even if that charge was reduced or dismissed as part of the terms of the plea in abeyance
Can a person be guilty if they injure themselves or their passengers?
This depends on who is injured. If the driver only injures himself, then he/she is only guilty of a Class B misdemeanor. However, if any of his/her passengers are injured, or any other persons as a result of his driving, he/she is guilty of a Class A or Third Degree felony, depending upon the severity of the injuries.
Can a person be guilty of DUI if the blood alcohol is lower than a .08%?
Yes. .08% is the point at which a driver is by law intoxicated and incapable of operating a motor vehicle. Even if a driver’s impairment may not be noticeable to a normal citizen at a .08% or higher, they are still considered by law too intoxicated to safely operate a motor vehicle. However, if you are below a .08% the statute still allows for a person to be convicted of a DUI if it can be shown that the driver was incapable of safely operating a motor vehicle.
Can a person be guilty of DUI if they are under the influence of medication for which they have a prescription?
Yes. This statute prohibits driving while impaired, regardless of whether the person has a prescription.
Is there a certain level of controlled substance or metabolite that must be present, like with alcohol and the 0.08 standard?
No. So long as a test can measure the controlled substance or metabolite, there is no minimum threshold.
How are Automobile Homicides and DUI’s related?
Basically, an Automobile Homicide is committed when a person drives DUI and through the person’s negligence or criminal negligence, causes the death of another. All the questions contained under the FAQ’s heading in the DUI section are equally applicable to automobile homicides. Furthermore, any conviction for an automobile homicide will automatically enhance any future charges of a DUI to a Third Degree Felony.
D. Drugs
How do I get someone referred to Drug Court?
Call Vicki Divine at (801) 531-4154.
Why didn’t someone get into Drug Court?
We do not take individuals with a history of domestic violence, assaults, weapons charges,or any other crimes against persons. The offender must be a legal resident of this country; be honest about his/her drug problem and about their charges; and agree to the conditions and rules of drug court.
Where can I get treatment?
There are several excellent programs in the Salt Lake Valley that Drug Court uses, including: Oddessy House, First Step House, Haven, House of Hope, and The Salvation Army.
How do I access these programs?
Call Salt Lake County Substance Abuse Services at ______________ or call the aforementioned programs directly.
What do I do and where do I go when I’m high?
Go to Volunteers of America or www.voa.org.
Can I get convicted when the drugs weren’t mine?
Yes. If you are knowingly holding, storing, or keeping illegal controlled substances for someone else. It is illegal to possess controlled substances (ownership is not an issue).
Can I get convicted for changing one little thing on my prescription?
Yes. If you alter a prescription for controlled substances in any way. In fact, if you lie to get a prescription for a controlled substance, you may find yourself in trouble.
What will happen to me if I get convicted of a drug charge?
You will lose your drivers license. If it is a felony (i.e. cocaine, methamphetamine, heroin, mushrooms, pills) you can be sentenced to prison for up to 5 years. If you are dealing, or in a drug-free zone, the sentence could be higher—up to life in prison for dealing in a drug-free zone. Generally, but not always, on a first drug offense you would receive probation and be ordered to do treatment. Sentences increase with additional charges or noncompliance with court orders.
What is a drug-free zone?
The legislature has listed several areas that should be drug-free zones. In these areas, drug crimes can be “enhanced”. In other words, the offense becomes more serious and the sentence is longer. Drug-free zones include parks, schools, malls, recreational facilities, public parking lots, and other public places.
I wasn’t selling real drugs—am I still in trouble?
Yes, selling something and pretending it is drugs can be more dangerous than selling drugs. This is a 2nd degree felony, just the same as if it were a controlled substance.
I only shared drugs with my friends—is that distribution?
Yes. You do not have to receive money or benefit for the drugs for it to be considered distribution.
I never touched or had any drugs, I just set my friend up with a contact person—am I in trouble?
Yes. You have arranged a distribution. You don’t need to have the drugs, it is illegal to arrange or set up a drug-buy situation.
E. Case Screening
Can private citizens screen cases directly with the District Attorney’s Office?
No. All cases screened by the District Attorney’s Office must first be reported to the appropriate police agency. The police agency should conduct an investigation then bring the case to the District Attorney’s Office to be screened.
What should I do if I have reported a crime to the police, but they have not brought the case to the District Attorney’s Office to be screened?
You should stay in contact with the police agency. It is the police agency’s responsibility to investigate the case. Not all cases will be brought to the District Attorney’s Office to be screened.
What can I do if my case has been referred to the screening division of the District Attorney’s Office, but it has not been filed yet?
You may call the attorney assigned to the case to check on the progress of the case. Some cases take longer to screen than others. Additionally, some cases may be sent back to the police agency for further investigation. The screening attorney can tell you where your case is in the system.
Where does my case go after it has been screened?
If the case is filed with the court then the case is transferred to the prosecution team assigned to prosecute the case. If you call the main phone number at the District Attorney’s Office they will be able to tell you where you case is in the system.
If I have additional information about may case, what should I do?
This information should be forwarded to the police agency or detective who was assigned to investigate the case. The agency or detective will then contact the District Attorney’s Office with the additional information.
Why was my case declined?
There are a number of reasons why a case may be declined. You may contact the attorney assigned to screen the case; they will be able to tell you why the case was declined.
What can I do if I disagree with the reasons given why the case was declined?
You may contact the screening attorney’s supervisor. He or she can review the case with you.
I have been told that my case is declined because it is civil and not criminal, what can I do?
You should contact a civil attorney for direction on how to proceed with your case. You may also wish to refer to the State website for directions on how to file a small claims case.
I have a question about when the defendant is scheduled to be released from jail, who do I contact?
You are directed to contact the Salt Lake County Jail directly at (801) 743-5500 or visit http://www.slco.org/JailRoster/.
F. Overview
How do I report a crime?
Contact your local law enforcement agency. They are responsible for investigating crimes—which they then bring to the DA’s Office for screening.
Can private citizens screen cases directly with the District Attorney’s Office?
No. All cases screened by the District Attorney’s Office must first be reported to the appropriate police agency. The police agency should conduct an investigation then bring the case to the District Attorney’s Office to be screened.
Where does my case go after it has been screened?
If the case is filed with the court then the case is transferred to the prosecution team assigned to prosecute the case. If you call the main phone number at the District Attorney’s Office they will be able to tell you where you case is in the system.
I have been told that my case is declined because it is civil and not criminal, what can I do?
You should contact a civil attorney for direction on how to proceed with your case. You may also wish to refer to the State web site for directions on how to file a small claims case.
Can the victim of a crime dismiss charges against a defendant?
No. A victim of a crime does not press charges in the State of Utah and, therefore, cannot dismiss criminal charges. Only the prosecuting agency or judge has the authority to dismiss a criminal case.
The defendant was ordered to pay restitution, how do I get my money?
The defendant does not pay restitution directly to the victim of a crime. The payment goes through either the court or the supervisory agency which then issues a check to the victim.
How can I get the defendant out of jail for a funeral or medical appointment?
The DA’s Office will not help family members get the defendant out of jail for a funeral or medical appointment. This is an issue for the judge who heard the defendant’s case. The defendant or family member needs to contact the defendant’s attorney to petition the court for these types of requests.
What do I need to do to get my record expunged?
The first step to getting your record expunged is contacting the Bureau of Criminal Identification (BCI). Once they do a records check, they will tell you what to do from there. Contact BCI between the hours of 8 AM to 5 PM, Monday through Friday, at (801) 965-4445.
G. Criminal Justice Resources
I have been charged with a crime and make too much money to be appointed a public defender. However, I cannot afford to pay the retainer required by most private attorneys. Can I talk to the prosecutor?
Although there is no technical prohibition with talking to the prosecutor if you are not represented by an attorney, it is highly recommended that you take whatever measures you can to obtain an attorney. If you have been charged with a Class A Misdemeanor or Felony there is a possibility that you will serve either a jail or prison sentence. The prosecutor may not be aware of all of the issues or defenses that exist in your case.
The Defendant was ordered to pay restitution, how do I get my money?
The Defendant does not pay restitution directly to the victim of a crime. The payment goes through either the court or the supervisory agency which then issues a check to the victim.
The court ordered restitution in my case, but I haven’t received anything yet. Who do I call?
If the court orders restitution, the DA’s Office will contact you by mail. Generally, that contact will come after a case has been sentenced. Please save any receipts or other information that will help identify how much restitution is necessary.
H. DA’s Office
How do I apply for a position with the Salt Lake County District Attorney’s Office?
To apply for a position with the DA’s Office, you should go through Salt Lake County Human Resources. Visit Salt Lake County’s Employment Center at https://www.jobs.slco.org/ to view any openings the DA’s Office may have at this time.
If you wish to apply for a position as a law clerk, please send a resume and writing sample to Lena Edenton at ledenton@slco.org.
Who do I call with questions regarding a criminal case?
If you have a question regarding a criminal case, call (801) 363-7900. Have the case information ready, and the secretary will direct you to the right person.
I am a victim of crime, is there anything you can do to help me?
The District Attorney Counseling Unit (DACU) has vast experience helping victim of crime find the help that they need. If you have been affected by a crime the DA’s Office is prosecuting, contact the DACU at (801) 531-4126 to see what help is available.
I. Juvenile Offenses
The website for the Utah State Courts is the best resource for details regarding juvenile offenses and prosecutions. Click here to view a listing frequently asked questions regarding juveniles.
*** http://www.utcourts.gov/courts/juv/***
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