Where the Process Begins

Police Investigation
The criminal justice process begins with a report that a crime has occurred. Law enforcement
officers investigate these reports and forward the information that they gather to the Salt Lake
District Attorneys Office (in Salt Lake County).
Criminal Charges
After reviewing the information forwarded to their office by law enforcement, the DAs office
determines if there is enough evidence to file charges. If it is determined that there is sufficient
evidence, the prosecutor will file an information and warrant with the Court formal documents that
charge the defendant with one or more crimes.
Summons/Arrest
Once a defendant is charged with committing a crime, they can either be ordered to appear in Court
via a Summons, which orders a party to appear in Court on a specific date, or they can be
arrested.
If the defendant is arrested, they may stay in jail until the trial and sentencing are complete. In these
cases, the defendant is entitled to have the proceedings scheduled as quickly as possible. However,
it is more often the case that the defendant is released from jail, either on their own recognizance, or
after posting bail. Prior to release, the defendant will promise to appear in Court on the appointed
day. To be notified of defendants release from jail, register with VINE.
Court Proceedings
First Appearance
The First Appearance is the first time a defendant is required to appear in Court on a criminal
charge. If the defendant is found to be unable to afford to hire an attorney, the Court appoints a
lawyer to represent the defendant. These lawyers are often referred to as public defenders.
Bail Hearing
If a defendant cannot post bail, they are 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
Before a felony case can be set for trial, the prosecutor must first prove there is sufficient evidence
for the criminal process to continue. The proof is made during a Preliminary Hearing. The amount
of evidence required at this hearing is less than what is required at a trial. If the evidence is
sufficient, the judge will bind the defendant over for trial. The defendant can waive a preliminary
hearing. Preliminary hearings are not held if the defendant is only charged with a misdemeanor.

Arraignment
The arraignment can be held immediately after the preliminary hearing or 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 a date for a pretrial conference. If the defendant pleads guilty, the judge
will set a date for sentencing.
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 the admissibility of evidence.
See Rape Shield Law.
Pre-Trial Conference
In each case, there may be numerous pre trial conferences, in which attorneys may discuss trial
issues or plea negotiations.
Trial
The trial is where the prosecution is required to prove the defendants guilt beyond a reasonable
doubt. A judge presides over the trial, including; guiding the selection of a jury, ruling on the
admissibility of evidence, deciding who is allowed to stay in the court room during the trial, and
instructing the jury on which laws apply to the case.
The jury listens to the evidence presented by both the State, or the DAs office, and the defense.
The jury will then deliberate and return to the courtroom once they have reached a consensus and
find the defendant guilty of some or all of the charges or not guilty.
If the defendant is found guilty, the judge may remand them into custody right away or allow the
defendant to remain free on bail, and then set a date for sentencing. If the defendant is found not
guilty they are free to leave and the court process is complete.
A finding of not guilty does not necessarily mean that the jury believed that the defendant was
innocent. However, it does mean that the evidence presented did not convince the jury beyond a
reasonable doubt that the defendant was guilty of the charges.
Sentencing
Prior to sentencing, particularly in the case of sex crimes, a judge will order a pre-sentence
investigation. Generally an Adult Probation and Parole agent will conduct the investigation and will
contact the defendant, the victim, and any other interested parties. The agent will then prepare a
report and submit it to the Court with a recommended sentence. Sometimes a formal mental health
evaluation is completed as well. The judge may or may not follow the recommendations made by the
agent.

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. Due to the undetermined length of the typical
sentence, the Board of Pardons and Parole will ultimately make the decision on how many years the
defendant will actually serve of their sentence. Defendants cannot be sent to prison for
misdemeanors.
Probation & Parole
Often a defendant is sentenced to probation, particularly on a first offense. While on probation, the
defendant is required to abide by a list of rules such as having no contact with the victim. If the
defendant violates the terms of their probation, they may be brought back to Court to answer to the
judge.
Parole is similar to probation, except that it is for defendants who have served a prison sentence and
have time remaining on their sentence. After being released from prison the defendant is placed on
supervised parole. If the defendant/parolee violates a condition of parole, they answer to the Board
of Pardons rather than to the judge.
Once a defendant has successfully served their sentence, whether incarcerated or on probation or
parole, the criminal justice process is completed.