What Are the Rules of Criminal Procedure in Utah?
When facing trial for criminal charges in Utah, you may be unsure of what to expect. In order to prepare, defendants can familiarize themselves with the Utah Rules of Criminal Procedure.
Generally, rules of criminal procedure cover every aspect of a criminal trial in Utah. It’s important for defendants to hire an experienced attorney familiar with these rules to avoid any issues during a trial and identify problems with court proceedings. While many of the Utah Rules of Criminal Procedure are relatively dense and unnecessary for defendants themselves to learn, familiarizing yourself with some crucial rules can help you prepare for an impending trial. For example, some of the Utah Rules of Criminal Procedure directly explain defendants’ rights regarding things like filing appeals and disqualifying biased judges.
If you’re facing criminal charges in Utah, hire a lawyer knowledgeable about the Utah Rules of Criminal Procedure. For a free case evaluation with the Utah criminal defense attorneys at Overson Law, PLLC, call today at (801) 758-2287.
What Are Utah’s Rules of Criminal Procedure?
In Utah, the rules of criminal procedure cover essentially every facet of a criminal trial. Anything you need to know about criminal court procedures, from indictments to appeals, is included in this rules list. It’s a source that outlines every step of a criminal trial in Utah, an invaluable resource for criminal defense attorneys and their clients.
If you’re facing criminal charges in Utah, it’s important to hire an attorney familiar with the rules of criminal procedure. Your Ogden criminal defense attorney should be well-versed in court practices and requirements so that there are no procedural issues on the defense’s behalf during your criminal trial.
There are over 40 rules for criminal court procedures in Utah, several of which have multiple parts. Some rules have been repealed over time, but most remain in effect. Again, these rules apply to all aspects of Utah criminal trials and court proceedings. For example, Rule 33 outlines courtroom conduct and etiquette, while Rule 2 outlines court holidays for purposes of commuting time. Essentially, the Utah Rules of Criminal Procedure are a one-stop resource for any of your answered trial-related questions.
Which Rules of Criminal Procedure Should Utah Defendants Know?
While many of Utah’s rules regarding criminal court procedures are predominately useful to a criminal defense attorney, there are some that defendants should be aware of. Certain rules regarding your rights as a criminal defendant and general court happenings can help you prepare for your trial in Utah.
Rule 17 of the Utah Rules of Criminal Procedure covers criminal trials specifically. This rule relates to the actual trial itself, not the events proceeding or following it. For example, Rule 17 outlines when a defendant needs to be physically present in the courtroom and when they do not. It also illustrates calendar priorities, which can help criminal defendants better understand when their cases may be tried. Rule 17 informs defendants of their right to trial by a jury and their ability to waive that right in favor of a trial by a judge. Rule 17 is relatively lengthy but contains vital information criminal dependents can benefit from learning.
Rule 22 of the Utah Rules of Criminal Procedure covers sentencing. Generally, convicted defendants must be sentenced within two to 45 days after a guilty verdict. This rule also explains when a defendant and their Murray criminal defense attorney can file a motion to correct an unfair or unjust sentence.
If there has been an egregious procedural or evidentiary issue in your trial, your Utah criminal defense attorney can file a motion for a new trial under Rule 24 of the Utah Rules of Criminal Procedure. This can happen at any point during a trial before or after a verdict is reached. If your motion for a new trial is granted, you can retry your case. Any previous verdict is obsolete, and it will be as if your case is being tried for the first time.
As outlined in Rule 25 of the Utah Rules of Criminal Procedure, dismissal is mandatory in certain circumstances. For example, a Utah judge may dismiss your case when there are substantial issues with a trial’s delay or unethical actions when impaneling the grand jury. Your lawyer should be familiar with various grounds for dismissal and keep a careful eye on the prosecution’s every move. Even one mistake on the prosecution’s behalf can be grounds for dismissal of your criminal trial in Utah.
If there is an issue with the presiding judge in your criminal case, they can be disqualified under Rule 29 of Utah’s rules of criminal procedure. For this to happen, your Utah criminal defense attorney must file a notice to disqualify. Utah criminal defendants can move to disqualify a judge whose prejudice or conflict of interest affects a trial.
Rule 31 is important for criminal defendants in Utah to keep in mind. Essentially, this rule states that district courts in Utah can make their own local rules for conducting criminal trials. That means that local district courts’ rules may vary slightly from standard rules of criminal procedure. Your experienced lawyer should be familiar with both standard and local court procedures, as they may not be the same.
For many convicted criminal defendants in Utah, filing an appeal is crucial so that they have the opportunity to clear their names. That’s why it is important for defendants to know about Rule 38. This rule outlines the qualifications for an appeal and how to file one. Using the information found in Rule 38 of the Utah Rules of Criminal Procedure, your criminal defense attorney can help you eventually overturn an unfavorable conviction.
Call Our Attorneys Today if You’re Facing Criminal Charges in Utah
Individuals facing criminal charges in Utah should hire an experienced legal team they can trust. For a free case evaluation with the Park City criminal defense attorneys at Overson Law, PLLC, call today at (801) 758-2287.