Section 402 - Pretrial responsibilities.

UT Code § 17-18a-402 (2019) (N/A)
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(1) (a) A public prosecutor shall: (i) institute proceedings before the proper court: (A) for the arrest of a person charged with a public offense; or (B) if the prosecutor has probable cause to believe that a public offense has been committed and a grand jury has been convened by a court; (ii) draw all indictments and information for offenses against: (A) the laws of the state occurring within the county; and (B) the criminal ordinances of the county; (iii) cause all persons under indictment or informed against to be speedily arraigned for crimes charged; and (iv) issue subpoenas for all witnesses for the state or for the county in the prosecution of a criminal ordinance. (b) A public prosecutor described in Subsection (1)(a)(i)(B) shall: (i) assist and attend the deliberations of the grand jury; and (ii) prepare all necessary indictments and arrange for the subpoena of witnesses to appear before the grand jury.

(a) A public prosecutor shall: (i) institute proceedings before the proper court: (A) for the arrest of a person charged with a public offense; or (B) if the prosecutor has probable cause to believe that a public offense has been committed and a grand jury has been convened by a court; (ii) draw all indictments and information for offenses against: (A) the laws of the state occurring within the county; and (B) the criminal ordinances of the county; (iii) cause all persons under indictment or informed against to be speedily arraigned for crimes charged; and (iv) issue subpoenas for all witnesses for the state or for the county in the prosecution of a criminal ordinance.

(i) institute proceedings before the proper court: (A) for the arrest of a person charged with a public offense; or (B) if the prosecutor has probable cause to believe that a public offense has been committed and a grand jury has been convened by a court;

(A) for the arrest of a person charged with a public offense; or

(B) if the prosecutor has probable cause to believe that a public offense has been committed and a grand jury has been convened by a court;

(ii) draw all indictments and information for offenses against: (A) the laws of the state occurring within the county; and (B) the criminal ordinances of the county;

(A) the laws of the state occurring within the county; and

(B) the criminal ordinances of the county;

(iii) cause all persons under indictment or informed against to be speedily arraigned for crimes charged; and

(iv) issue subpoenas for all witnesses for the state or for the county in the prosecution of a criminal ordinance.

(b) A public prosecutor described in Subsection (1)(a)(i)(B) shall: (i) assist and attend the deliberations of the grand jury; and (ii) prepare all necessary indictments and arrange for the subpoena of witnesses to appear before the grand jury.

(i) assist and attend the deliberations of the grand jury; and

(ii) prepare all necessary indictments and arrange for the subpoena of witnesses to appear before the grand jury.

(2) The public prosecutor may: (a) examine as to the sufficiency of an appearance bond that may be tendered to the court; and (b) upon a court order: (i) institute proceedings for the recovery upon forfeiture of a bond running to the state or county; and (ii) enforce the collection of a bond described in Subsection (2)(b)(i).

(a) examine as to the sufficiency of an appearance bond that may be tendered to the court; and

(b) upon a court order: (i) institute proceedings for the recovery upon forfeiture of a bond running to the state or county; and (ii) enforce the collection of a bond described in Subsection (2)(b)(i).

(i) institute proceedings for the recovery upon forfeiture of a bond running to the state or county; and

(ii) enforce the collection of a bond described in Subsection (2)(b)(i).

(3) The public prosecutor is authorized to grant transactional immunity to a witness for violation of a state statute or county criminal ordinance.