BY JIMI L ♥ VELAND The Criminal Justice Process

Crime is reported – investigated by police. If there is enough evidence, police give the case to the District Attorney’s Office. Case is screened by the District Attorney’s Office – to see if there is enough evidence to prosecute.

Initial Apprearance The defendant is notified of charges filed and a defense attorney is appointed, if needed.

Scheduling Conference At this brief hearing, the defense attorney appears with the defendant for the first time. The prosecutor and defense attorney may also discuss possible case resolutions.

Preliminary Hearing Witnesses are subpoenaed. A judge will hear evidence and decide to “bind over” the case to the assigned trial judge or dismiss charges.

Case dismissed If case is dismissed, that is the end of it.

District Court Arraignment The defendant appears b efore the trial judge for the first time and formally enters a plea. The case is scheduled for a pre-trial conference or trial.

Pretrial Conference The judge checks to see if all are ready for trial.

Trial Witnesses are subpoenaed. A jury hears evidence to decide if the defendant is guilty or not guilty.

Not Guilty Verdict – Acquittal

Guilty Verdict Conviction

Sentencing Approximately 6 weeks after conviction so A P & P (Adult Probation & Parole) can complete a pre-sentence report. The victim/victim representative has the right to speak or write a letter to the judge.

* *At this point during the court process, a defendant may decide to enter a guilty plea. A separate hearing called a Disposition Hearing may be scheduled to enter the plea.

Possible Sentences 1 st Degree Felony – 5 years to life in prison/$10,000 fine 2 nd Degree Felony – 1-15 years in prison/$10,000 fine 3 rd Degree Felony – 0-5 years in prison/$5,000 fine

Misdemeanors Class A Misdemeanor – One year in jail/$2,500 fine Class B Misdemeanor - Six months in jail/$1,000 fine Class C Misdemeanor - 90 days in jail/$750 fine

Third District Court – SLC

Bibliography Salt Lake County – District Attorney’s Office – Criminal Justice Process Sept, 27,