Demanding a Jury Trial in Utah Criminal Cases
Utah Criminal Jury Trial Attorney in Salt Lake City
A person charged with a crime in Utah is entitled to a
trial
by jury. But the processes for demanding and securing the right to a jury
trial are different depending on the level of the offense charged.
The jury trial process in Utah is governed by a complex set of rules
and laws. If you are facing criminal prosecution in Utah, the
assistance of an experienced criminal attorney at trial is vital.
Whether you plan to take your case to trial or are seeking to reach a
negotiated resolution, Salt Lake
criminal
defense lawyer Stephen Howard
has the experience, knowledge, and determination to help you achieve
the results you need.
Contact
us today to arrange for an initial
consultation.
Jury Demand for Felony and Class A Misdemeanor Cases
For class A
misdemeanor
and
felony
charges, the right to a jury trial is constitutionally guaranteed. Rule
17 of the Utah Rules of Criminal Procedure creates a default rule, providing that
felony charges will be tried to a jury, unless the right to a jury is
waived by the defendant.
Even if a defendant waives the right to a
jury, Rule 17 still requires both the consent of the prosecution and
the approval of the court before a bench trial (trial conducted by the
judge without a jury) will be granted. Class A misdemeanor
charges receive the same constitutional jury trial protections that are
afforded to felony cases.
Jury Trial Demands for Other Misdemeanor Charges

In order to secure the right to a jury trial in a class B or class C
misdemeanor case, a defendant is required under Rule 17 of the Utah
Rules of Criminal Procedure to file a written demand for a jury. Rule
17 requires that the demand for a jury be made at least 10 days prior
to trial, unless the
court orders otherwise.
To be safe, the best practice is to file a jury demand immediately upon
receiving notice of the charges. The filing of a jury demand does not
preclude the possibility that the case may be resolved through
negotiations without a trial. But filing the jury demand at the outset
ensures that the option of a jury trial will still be available if it
becomes necessary.
Bench Trial for Infractions - No Jury Trial Allowed
For infractions, Utah law does not
provide a right to a jury trial even if a Rule 17 jury demand is made. While a person charged with an
infraction is still entitled to the presumption of innocence, the
determination of guilty or not guilty in an infraction case will
instead by made by a judge at a
bench
trial.
Some prosecutors will use infraction level charges in order to
eliminate a defendant's jury trial right. Even where a misdemeanor
charge was originally filed, a prosecutor may choose to amend
the charging information to reduce the offense to the infraction level.
This infraction reduction is in some ways beneficial to a defendant
(e.g. no jail sentence, lower maximum fines). But in the view of many
of the best
criminal defense
attorneys, a bench trial can increase the chances of a
conviction as compared with a jury trial. Further, there may still be
serious collateral consequences even for an infraction
conviction.
Finding a Utah Criminal Lawyer in Salt Lake City

If
you have been charged with a crime in Utah, an experienced
criminal defense attorney can
help ensure that your rights are protected. With offices centrally
located in Salt Lake City, Stephen
Howard is pleased to represent clients throughout Utah. His
track record includes not
guilty verdicts and dismissals in some of the most serious criminal
charges on the books in Utah.
Contact us today to arrange
for an initial consultation with
Salt
Lake criminal attorney Stephen Howard.
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