Utah’s justice courts have limited jurisdiction to hear criminal cases at only the class B misdemeanor level and below. But while these misdemeanors are less serious than felony or class A misdemeanor charges, the consequences of a conviction in a Utah justice court can still include substantial jail time, thousands of dollars in fines, loss of a driver license, restricted rights to carry firearms, and more.
If you are facing criminal prosecution in a justice court, it is important to have an experienced criminal defense lawyer on your side. Contact us today to schedule an initial consultation.
The best criminal defense attorneys insist on fair courtroom procedures that respect clients’ rights.
Criminal Jurisdiction for Justice Courts in Utah
Many cities and counties in Utah have established justice courts to handle class B misdemeanor and lower level criminal cases. The geographic jurisdiction of each justice court is based on the city or county in which the court is located. A county justice court will typically have jurisdiction throughout the county, with the exception of any cities or towns which have an established municipal justice court. A city or municipal justice court will typically have jurisdiction only within the incorporated borders the city or town.
Exceptions can be made which will broaden the jurisdiction of a city justice court. For example, through an agreement between the two cities, the Holladay Justice Court has jurisdiction over cases occurring both in Holladay and in Cottonwood Heights.
Under Utah law, a justice court has jurisdiction to hear criminal matters only at the class B or C misdemeanor level as well as infractions. A justice court may also hear small claims civil actions.
The best attorneys understand that the effects of a criminal charge extend beyond the courtroom.
Potential Criminal Penalties in Utah Justice Courts
The most serious criminal offense that can be heard in a Utah justice court is a class B misdemeanor. Under Utah law, a class B misdemeanor is punishable by up to 180 days in jail and up to $1,900 in fines and surcharges. Class C misdemeanors are punishable by up to 90 days in jail and more than $1,400 in fines and surcharges.
In cases involving multiple criminal charges, or when a defendant has multiple pending cases, a Utah justice court judge has discretion to impose sentences either concurrently (running together or simultaneously) or consecutively (running back-to-back). If the court imposes consecutive sentences, then the length of a defendant’s jail sentence can quickly double, triple, or more.
Criminal Appeals from Justice Courts in Utah
Justice courts in Utah are not considered to be courts “of record.” Since there is no official record to review, an appeal from the justice court consists of a “de novo” trial or hearing in the district court. Whereas a successful appeal from a district court to the Utah Court of Appeals or Utah Supreme Court requires a showing that a reversible error was committed in the district court, a “de novo” appeal from a justice court gives the defendant an automatic “do over” for a conviction or other ruling in the justice court.
Understanding your goals is the first step to developing the best defense strategy.
Not all orders of a justice court are automatically appealable. The Utah legislature has placed some limits on what can be appealed from the justice court to the district court.
A notice of appeal must be filed within 30 days of the court’s ruling. If you are considering filing an appeal, it is important to speak immediately with an experienced criminal attorney to ensure that your rights are protected.
Finding Your Criminal Defense Lawyer
When facing criminal prosecution in Utah, you deserve to have an experienced criminal defense lawyer to ensure that your rights are protected.
The best attorneys know how to fight, what to fight, and when to fight.
Contact us today to schedule a confidential attorney consultation, and see how the right attorney can help you.
