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Terms Used In Utah Code 77-2-6

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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. See Utah Code 77-2-2
  • 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.

     The court shall dismiss the information or indictment filed against the defendant who has complied with the requirements of his diversion agreement and the defendant shall not thereafter be subject to further prosecution for the offense involved or for any lesser included offense.