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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.