(1) Before agreeing to a plea of guilty or no contest, the prosecutor shall examine the criminal history of the perpetrator.

Ask a criminal law question, get an answer ASAP!
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Utah Code 77-36-1.2

  • domestic violence offense: includes the commission of or attempt to commit, any of the following offenses by one cohabitant against another:
              (4)(b)(i) aggravated assault under Section 76-5-103;
              (4)(b)(ii) aggravated cruelty to an animal under Subsection 76-9-301(4), with the intent to harass or threaten the other cohabitant;
              (4)(b)(iii) assault under Section 76-5-102;
              (4)(b)(iv) criminal homicide under Section 76-5-201;
              (4)(b)(v) harassment under Section 76-5-106;
              (4)(b)(vi) electronic communication harassment under Section 76-9-201;
              (4)(b)(vii) kidnapping, child kidnapping, or aggravated kidnapping under Sections 76-5-301, Utah Code 77-36-1
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
(2) An entry of a plea of guilty or no contest to a domestic violence offense is invalid unless the prosecutor agrees to the plea:

     (2)(a) in open court;
     (2)(b) in writing; or
     (2)(c) by another means of communication that the court finds adequate to record the prosecutor’s agreement.