Utah Code 78A-2-220. Authority of magistrate
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(1) Except as otherwise provided by law, a magistrate as defined in Section 77-1-3 shall have the authority to:
Terms Used In Utah Code 78A-2-220
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Council: means the Judicial Council. See Utah Code 78A-2-103
- Judicial Council: means the Judicial Council established by
Utah Constitution, Article VIII, Section 12. See Utah Code 78A-2-103 - 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.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1)(a) commit a person to incarceration prior to trial;(1)(b) set or deny bail under Section 77-20-205 and release upon the payment of monetary bail, as defined in Section 77-20-102, and satisfaction of any other conditions of release;(1)(c) issue to any place in the state summonses and warrants of search and arrest and authorize administrative traffic checkpoints under Section 77-23-104;(1)(d) conduct an initial appearance;(1)(e) conduct arraignments;(1)(f) conduct a preliminary examination to determine probable cause;(1)(g) appoint attorneys and order recoupment of attorney fees;(1)(h) order the preparation of presentence investigations and reports;(1)(i) issue temporary orders as provided by rule of the Judicial Council; and(1)(j) perform any other act or function authorized by statute.
(2) A judge of the justice court may exercise the authority of a magistrate specified in Subsection (1) with the following limitations:
(2)(a) a judge of the justice court may conduct an initial appearance, preliminary examination, or arraignment as provided by rule of the Judicial Council; and
(2)(b) a judge of the justice court may not perform any act or function in a capital felony case.