Ogden District Courts and Justice Courts

Ogden's
district courts have jurisdiction over both
felony
and
misdemeanor criminal charges. The jurisdiction of the Ogden City
Justice Court is restricted to class B and C
misdemeanors
and infractions. Because the
consequences from any criminal case are serious, it is critical that
you have an experienced
criminal
lawyer
by your side. With criminal defense experience ranging from murder to
shoplifting, and virtually everything in between, Stephen Howard
offers defense services to clients in Ogden and throughout the State of
Utah.
Contact us
today to see how we can help you.
What determines whether a case is heard in a district court
or
a justice
court?
Both
geography and the level of a criminal offense determine
whether a
case is heard in the
Ogden District Court or in the
Ogden City Justice Court.
Most infractions, class C misdemeanors, and class B
misdemeanors
that occur within the city limits of Ogden City will be filed in the
justice court. Felony and class A misdemeanor crimes that occur
anywhere within Weber County will be heard in Ogden's district court.
If a higher level charge (class A or felony) is filed along with a
class B or lower charge as part of a single criminal case, then all of
the charges will be heard in the district court. Offenses occurring
outside of Ogden City would not be handled through the Ogden City
Justice Court, regardless of level.
District courts in Utah
have exclusive jurisdiction over
felony and
class A misdemeanor cases. In some cities, prosecutor's have tried to
retain jurisdiction in the city's justice court for class A misdemeanor
cases by engaging in a "legal fiction" by filing the charge as a class
B misdemeanor. But in 2016, the Utah Court of Appeals issued a ruling
indicating that such practices were not appropriate.
Consequences for Convictions in Ogden's Courts
Ogden City
Justice Court - Although Utah's justice courts have
jurisdiction
only over lower-level offenses, the
penalties
imposed a justice court
can
still be severe. One class B misdemeanor can by punishable by up to 180
days jail. Jail sentences for multiple charges can be imposed
consecutively (back-to-back), resulting in a
year or more in jail. Other consequences of a justice court conviction
can include thousands of dollars in fines, a suspension of driving
privileges, losing the right to
carry a firearm, and more.
Ogden's District Courts - All district court criminal cases are
filed in the Second District's Ogden Department on Grant Avenue in
downtown Ogden. Potential penalties for felony convictions in Utah
courts are serious. A conviction for a first degree felony carries the
potential of up to life in prison. A second degree felony is punishable
by up to 15 years in prison. A third degree felony can carry up to 5
years in prison. Misdemeanor convictions can be punished by up to a
maximum of one year in jail (for a class A misdemeanor).
Some
felony convictions will require a mandatory prison sentence. But in
most felony convictions, the court will have discretion to suspend the
prison sentence and place the defendant on probation. Conditions of
probation can include up to a year jail time, fines, counseling,
community service, drug testing, or a number of other relevant
conditions.
Criminal Appeals from Ogden District and Justice Courts
Appeals
from the District Court - Because the district courts are considered
"courts of record," an
appeal
from a district court order or conviction
will be heard either by the Utah Court of Appeals or the Utah Supreme
Court. A successful appeal requires a detailed review of the evidence,
legal holdings, and procedures followed by the district court. In
addition to extensive briefing of the legal issues involved in the
appeal, the appellate court will usually hear oral arguments from both
sides before rendering a decision. If reversible error is found, then
remedies can exclude a dismissal of the case, a new trial, or other
appropriate court action.
Appeals from Justice Court - The Ogden City Justice Court (like
all justice courts in Utah) is not a "court of record." An appeal from
the justice court is therefore in the form of a "de novo" proceeding.
Most often this will be a new trial or a new hearing. No showing of
error is required. Instead, the defendant gets a second chance to make
his or her case to the judge or jury.
Finding a Criminal Defense Lawyer for Ogden
If you are facing criminal charges in the Ogden District Court or Ogden
City Justice Court, it is important to have a
skilled and experienced Utah
criminal
defense attorney working on your
side. Stephen Howard has a
record
of obtaining real results for his
clients. Call us today to see how we can help you.
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