Utah Criminal Lawyer - District Courts and Justice Courts
Utah's
district courts have general jurisdiction over both felony and
misdemeanor criminal charges.
Justice courts in Utah are restricted to
hearing only class B misdemeanor or lower level criminal charges. In
any criminal case, the consequences can be serious. Having an
experienced criminal lawyer on your side is important. Based in Salt
Lake City,
criminal defense lawyer Stephen Howard provides defense services to clients throughout Utah.
Contact us today to arrange for an initial consultation.
Jurisdiction for District Courts and Justice Courts in Utah
Whether a Utah criminal case is heard in the district court or
justice court is determined both by the level of the offense and
also by the geographical jurisdiction of the court.
Utah district courts have exclusive jurisdiction over
felony cases
and
class A
misdemeanor cases. If you are facing prosecution for
a felony charge or class A misdemeanor, your case will be heard by a
district court judge in the county in which the offense occurred.
If you are facing criminal charges for a class B or class C
misdemeanor, or
an infraction, your case will typically be heard in the justice court
with geographic jurisdiction over the area where the offense is alleged
to have occurred. These cases can include charges as serious as
DUI
or
domestic violence as well as traffic matters including registration
or
no
insurance
charges. There are some locations in Utah where no justice court
has geographic jurisdiction to hear the case. In such circumstances,
these misdemeanor cases can be heard in the district court.
While many Utah cities and counties have set up
justice courts to handle lower-level charges that occur within their
borders. Some cities have made arrangements to have these
lower level charges heard in neighboring justice courts. (For
example, criminal cases from Cottonwood Heights are heard in
the Holladay
Justice Court.)
Consequences for Convictions in Utah
Utah Justice Courts - Although
justice courts only deal with lower-level offenses, the
penalties handed out by justice courts in Utah can still be
severe. A single class B misdemeanor is punishable by up to 180
days
jail. Sentences for multiple counts can be run consecutively
(back-to-back), and thus result in a year or more in jail. Collateral
consequences of a conviction in a justice court can also include driver
license suspensions, losing the right to carry a firearm, and more.
Utah District Courts -
Penalties for felony convictions in Utah's district courts can be
severe. First degree felony charges carry the potential for up to life
in prison. District courts also have jurisdiction to impose the death
penalty in capital cases. But, of course, not all felony cases involve
such serious consequences. Some cases require mandatory prison
sentences. But most felony convictions carry the potential for
probation. Many felony cases can be reduced to misdemeanor charges
through
plea negotiations. Some felony cases can even result in a
plea in abeyance
agreement. Utah's district courts can impose jail time as a sentence in
a misdemeanor case or as a condition of probation for a felony
conviction.
Criminal Appeals from Justice Courts and District Courts in Utah
District Court Appeals in Utah - A
district court is considered a "court of record." As a
result, if you choose to appeal your case, the appeal will be heard by
either the Utah Court of Appeals or the Utah Supreme Court. These
appeals require complex legal analysis and review of the record in the
trial court to determine whether any reversible error exists.
Justice Court Appeals in Utah - Since
Utah justice courts are not "courts of record," an appeal from a
justice court is heard in the district court. In a justice court
appeal, the district court has to
make a fresh determination of the issue that is being appealed, without
reference to what occurred in the justice court.
Appeals
from justice courts in Utah are in the form of a "de novo" proceeding
(meaning "anew" or "from the beginning"). For example,
if a person is convicted at trial in a justice court and appeals, the
district court will grant a trial "de novo" (meaning that an entirely
new trial must be conducted in the case).
Finding a Criminal Defense Lawyer in Utah
Whether your case involves "minor"
misdemeanor
charges in a justice
court or more serious
felonies in district court, you should have an
experienced
Utah criminal defense
attorney on your side. Stephen Howard's has
record of achieving real results for his clients.
Based in Salt Lake City, criminal defense lawyer Stephen Howard offers legal services to clients in all of Utah.
Contact us today to schedule an initial consultation.