Criminal Case Process in
Utah - Arrest / Citation / Summons
If a police criminal investigation yields sufficient evidence to
support a criminal charge against a defendant, the police have several
options by which they can proceed. In any of these circumstances, an
experienced criminal defense attorney can play a vital role in
protecting the defendant's rights.
Contact
us today to schedule an initial consultation with Utah
criminal
defense attorney Stephen Howard.
Warrantless Arrest
In some
circumstances, a police officer is allowed to make an arrest without a
warrant. These circumstances include the following: the crime
was committed in the presence of the officer; the officer has
reasonable cause to believe that a felony or class A misdemeanor has
been committed; or the officer has reasonable cause to believe that any
crime has been committed and that the suspect will flee or attempt to
conceal himself, destroy or conceal evidence of the crime, or injure
another person or cause damage to another person's property.
Arrest with Warrant
If the above circumstances do not exist, a police officer may be
required to obtain a warrant before making an arrest. Typically, the
arrest warrant will be issued by the court following the filing of
formal charges. In making a request for an arrest warrant, many
prosecutors will make a perfunctory recitation along the lines of the
following: "There is reason to believe that the above-named defendant
will not appear upon a summons." Many judges do not require any
specific supporting reasons for the "belief" but will instead issue the
warrant as requested.
Citation
In some cases, a police officer may issue a citation to the person who
is accused of a crime. The citation will typically list the sections of
the Utah State Code or of the local municipal code that are alleged to
have been violated. Sometimes the citation will list the offense by its
common name rather than citing the code section. In minor misdemeanor
and traffic cases, the police officer's citation can serve as the
charging document when it is filed with the court. But a defendant has
the right to require a formal "information" to be filed with the court.
A formal information must be filed by the prosecuting attorney, and
requires the prosecutor to review the case to determine which, if any,
charges are appropriate.
Summons
If a person is not immediately arrested following the alleged
commission of a crime, the court has the option of issuing an arrest
warrant or sending a summons to the defendant. As noted above, an
arrest warrant is an order to any peace officer finding the defendant
to arrest and bring the defendant defendant before the court to face
formal charges. A summons instead provides notice to the defendant that
the charges have been filed, and provides instructions to the defendant
regarding where and when to appear for court. A summons may also
provide instructions to the defendant to appear at the jail for a "book
and release" process.
Many prosecutors will by default ask the court to issue an arrest
warrant rather than send a summons. But many prosecutors can be
persuaded to instead request a summons if the prosecutor is convinced
that the defendant will appear voluntarily in court. An experienced
Utah criminal defense attorney can provide vital assistance in making
this argument to the prosecutor.
Next: Jail Booking and Release
Previous: Police
Investigation
Main: Outline of
Utah Criminal Case Processes
Choosing the Right Utah Criminal Defense Attorney
Finding a criminal lawyer to handle your case can be a daunting task.
There are a number of important factors to consider in
choosing
the best criminal defense attorney for your case.
Experience
and a
record of success are two
important considerations.
Based in Salt Lake City,
criminal defense attorney
Stephen Howard has successfully protected his clients' rights in
thousands of Utah criminal cases, ranging from murder to white collar
crimes, and from
DUI
to serious felony
drug charges. He has
achieved not guilty verdicts or dismissals in cases including
aggravated robbery, child kidnapping, attempted murder, drug
distribution, burglary, forgery, theft, and many more. He has the
skill, experience, and knowledge necessary to ensure that your rights
are protected.
Contact us today to
schedule an initial consultation.