Utah Code 17-18a-402. Pretrial responsibilities
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(1)
Terms Used In Utah Code 17-18a-402
- Arrest: Taking physical custody of a person by lawful authority.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- 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.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Statute: A law passed by a legislature.
- Subpoena: A command to a witness to appear and give testimony.
(1)(a) A public prosecutor shall:(1)(a)(i) institute proceedings before the proper court:(1)(a)(i)(A) for the arrest of a person charged with a public offense; or(1)(a)(i)(B) if the prosecutor has probable cause to believe that a public offense has been committed and a grand jury has been convened by a court;(1)(a)(ii) draw all indictments and information for offenses against:(1)(a)(ii)(A) the laws of the state occurring within the county; and(1)(a)(ii)(B) the criminal ordinances of the county;(1)(a)(iii) cause all persons under indictment or informed against to be speedily arraigned for crimes charged; and(1)(a)(iv) issue subpoenas for all witnesses for the state or for the county in the prosecution of a criminal ordinance.(1)(b) A public prosecutor described in Subsection (1)(a)(i)(B) shall:(1)(b)(i) assist and attend the deliberations of the grand jury; and(1)(b)(ii) prepare all necessary indictments and arrange for the subpoena of witnesses to appear before the grand jury.
(2) The public prosecutor may:
(2)(a) examine as to the sufficiency of an appearance bond that may be tendered to the court; and
(2)(b) upon a court order:
(2)(b)(i) institute proceedings for the recovery upon forfeiture of a bond running to the state or county; and
(2)(b)(ii) enforce the collection of a bond described in Subsection (2)(b)(i).
(3) The public prosecutor is authorized to grant transactional immunity to a witness for violation of a state statute or county criminal ordinance.