The rights of a defendant in a criminal prosecution should never be overlooked. The Utah Code has a particular part of its criminal procedure section that specifically outlines what rights a defendant can expect.
Photo: Culpeper County Sheriff's Office
Defendant Rights
In a criminal prosecution, the defendant is entitled to the following:
• To be present at any proceedings and to defend one’s self or be defended by legal counsel.
• To receive a copy of the accusation filed against him.
• To testify on his own behalf.
• To be confronted by the witnesses against him.
• To subpoena witnesses for the defense to ensure that they show up in court. If a defense witness does not appear in court as required, the county’s sheriff’s department will locate them and bring them to court.
• To a speedy trial by an impartial jury. The trial is to take place in the county or district where the alleged offense is said to have been committed.
• To be allowed to post bail, according to the law. If the defendant is unable to post bail, he is entitled to a trial within 30 days after arraignment, as long as the court business can accommodate that schedule.
Also:
• Double jeopardy is not permitted in Utah. This means that a person found innocent of a particular crime cannot be tried again for the same offense.
• No person is required to give evidence against himself.
• A wife cannot be made to testify against her husband, nor can a husband be made to testify against his wife.
• Someone can only be convicted of a crime in the followings ways: by a jury’s verdict; by a plea of guilty or no contest; by the judgment of the court (when a jury trial has been waived) or (in the case of an infraction) by the judgment of a magistrate.
Under no circumstances should a person charged with a crime waive any of their rights without the advice of legal counsel. Even though an individual is entitled to defend themselves against criminal charges, remember that a qualified Utah criminal defense attorney will give you the representation you need and deserve. Call an attorney today if you are a defendant facing criminal proceedings or you believe your rights have been disregarded.
