As used in this chapter:

(1) “Commencement of prosecution” means the filing of an information or an indictment.

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Terms Used In Utah Code 77-2-2

  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
(2) “Diversion” means suspending criminal proceedings before conviction on the condition that a defendant agree to:

     (2)(a) participate in a rehabilitation program;
     (2)(b) pay restitution to a victim; or
     (2)(c) fulfill some other condition.
(3) “Restitution” means the same as that term is defined in Section 77-38b-102.
(4) “Screening” means the process used by a prosecuting attorney to:

     (4)(a) terminate an investigative action;
     (4)(b) proceed with prosecution;
     (4)(c) move to dismiss a prosecution that has been commenced; or
     (4)(d) cause a prosecution to be diverted.