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Published byMarshall Ferguson Modified over 9 years ago
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BY JIMI L ♥ VELAND The Criminal Justice Process
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Crime is reported – investigated by police. If there is enough evidence, police give the case to the District Attorney’s Office. Case is screened by the District Attorney’s Office – to see if there is enough evidence to prosecute.
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Initial Apprearance The defendant is notified of charges filed and a defense attorney is appointed, if needed.
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Scheduling Conference At this brief hearing, the defense attorney appears with the defendant for the first time. The prosecutor and defense attorney may also discuss possible case resolutions.
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Preliminary Hearing Witnesses are subpoenaed. A judge will hear evidence and decide to “bind over” the case to the assigned trial judge or dismiss charges.
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Case dismissed If case is dismissed, that is the end of it.
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District Court Arraignment The defendant appears b efore the trial judge for the first time and formally enters a plea. The case is scheduled for a pre-trial conference or trial.
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Pretrial Conference The judge checks to see if all are ready for trial.
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Trial Witnesses are subpoenaed. A jury hears evidence to decide if the defendant is guilty or not guilty.
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Not Guilty Verdict – Acquittal
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Guilty Verdict Conviction
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Sentencing Approximately 6 weeks after conviction so A P & P (Adult Probation & Parole) can complete a pre-sentence report. The victim/victim representative has the right to speak or write a letter to the judge.
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* *At this point during the court process, a defendant may decide to enter a guilty plea. A separate hearing called a Disposition Hearing may be scheduled to enter the plea.
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Possible Sentences 1 st Degree Felony – 5 years to life in prison/$10,000 fine 2 nd Degree Felony – 1-15 years in prison/$10,000 fine 3 rd Degree Felony – 0-5 years in prison/$5,000 fine
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Misdemeanors Class A Misdemeanor – One year in jail/$2,500 fine Class B Misdemeanor - Six months in jail/$1,000 fine Class C Misdemeanor - 90 days in jail/$750 fine
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Third District Court – SLC
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Bibliography Salt Lake County – District Attorney’s Office – Criminal Justice Process Sept, 27, 2011 http://www.utcourts.gov/howto/courtprocess/criminal.html http://www.utcourts.gov/howto/courtprocess/trial.html
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