LegalFix

Section 402 - Pretrial responsibilities.

UT Code § 17-18a-402 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) (a) A public prosecutor shall: (i) institute proceedings before the proper court: (A) for the arrest of a person charged with a public offense; or (B) if the prosecutor has probable cause to believe that a public offense has been committed and a grand jury has been convened by a court; (ii) draw all indictments and information for offenses against: (A) the laws of the state occurring within the county; and (B) the criminal ordinances of the county; (iii) cause all persons under indictment or informed against to be speedily arraigned for crimes charged; and (iv) issue subpoenas for all witnesses for the state or for the county in the prosecution of a criminal ordinance. (b) A public prosecutor described in Subsection (1)(a)(i)(B) shall: (i) assist and attend the deliberations of the grand jury; and (ii) prepare all necessary indictments and arrange for the subpoena of witnesses to appear before the grand jury.

(a) A public prosecutor shall: (i) institute proceedings before the proper court: (A) for the arrest of a person charged with a public offense; or (B) if the prosecutor has probable cause to believe that a public offense has been committed and a grand jury has been convened by a court; (ii) draw all indictments and information for offenses against: (A) the laws of the state occurring within the county; and (B) the criminal ordinances of the county; (iii) cause all persons under indictment or informed against to be speedily arraigned for crimes charged; and (iv) issue subpoenas for all witnesses for the state or for the county in the prosecution of a criminal ordinance.

(i) institute proceedings before the proper court: (A) for the arrest of a person charged with a public offense; or (B) if the prosecutor has probable cause to believe that a public offense has been committed and a grand jury has been convened by a court;

(A) for the arrest of a person charged with a public offense; or

(B) if the prosecutor has probable cause to believe that a public offense has been committed and a grand jury has been convened by a court;

(ii) draw all indictments and information for offenses against: (A) the laws of the state occurring within the county; and (B) the criminal ordinances of the county;

(A) the laws of the state occurring within the county; and

(B) the criminal ordinances of the county;

(iii) cause all persons under indictment or informed against to be speedily arraigned for crimes charged; and

(iv) issue subpoenas for all witnesses for the state or for the county in the prosecution of a criminal ordinance.

(b) A public prosecutor described in Subsection (1)(a)(i)(B) shall: (i) assist and attend the deliberations of the grand jury; and (ii) prepare all necessary indictments and arrange for the subpoena of witnesses to appear before the grand jury.

(i) assist and attend the deliberations of the grand jury; and

(ii) prepare all necessary indictments and arrange for the subpoena of witnesses to appear before the grand jury.

(2) The public prosecutor may: (a) examine as to the sufficiency of an appearance bond that may be tendered to the court; and (b) upon a court order: (i) institute proceedings for the recovery upon forfeiture of a bond running to the state or county; and (ii) enforce the collection of a bond described in Subsection (2)(b)(i).

(a) examine as to the sufficiency of an appearance bond that may be tendered to the court; and

(b) upon a court order: (i) institute proceedings for the recovery upon forfeiture of a bond running to the state or county; and (ii) enforce the collection of a bond described in Subsection (2)(b)(i).

(i) institute proceedings for the recovery upon forfeiture of a bond running to the state or county; and

(ii) enforce the collection of a bond described in Subsection (2)(b)(i).

(3) The public prosecutor is authorized to grant transactional immunity to a witness for violation of a state statute or county criminal ordinance.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.