B. Arrest. The government's case begins with the arrest, or apprehension, of a suspect. Sometimes suspects are arrested when a police officer witnesses what appears to be a crime, such as a driver weaving as if intoxicated. This is called a "probable cause" or "warrantless" arrerst. Sometimes the arrest occurs after a lengthy police investigation. The arresting officer files a report based on what he or she found during investigation. Based on this and usually some supplementary evidence, a prosecutor decides whether to seek a warrant for the person's arrest (and only a judge can issue such a warrant) and to file charges. The chief prosecutor is called a "county attorney" in every Utah county except Salt Lake County, where the chief prosecutor is called a "district attorney." Note that in Cache County, judges usually will not issue a warrant for arrest unless charges first are filed against the suspect.
C. Bail. Shortly after being "booked" into the jail -- a process in which the criminal suspect is photographed and his or her name entered into a ledger -- the suspect usually will be given the chance to leave jail while awaiting developments. Jail personnel or a judge may release a person on personal recognizance, which is a written or oral promise to appear in court later. The suspect or anyone else also can post bail, which is an amount of cash that is forfeited if the suspect fails to appear. If the amount of bail is so high that the suspect cannot afford it, he or she often pays 15 percent to 20 percent of the total amount to a bail bondsman, who promises to ensure that the suspect will appear at all future hearings. The money paid to the bondsman is non-refundable. Another option for getting out of jail is to post a property bond, which allows the court to seize the property -- a house, a piece of land -- if the suspect flees.
D. Charges. Not everyone who is arrested is charged. Generally, newspapers do not print the names of people who merely arrested. That's because plenty of innocent people are arrested by mistake, and it would be unfair to focus attention on them in print. Charges are filed, by the prosecutor, when he or she believes the case against the arrested person is strong enough to lead to a conviction.
What is a "charge"? A charge is a public document spelling out which laws have been broken, who is accused of breaking those laws, and, in a short summary, how the accused is alleged to have broken the law. The charge is formally called an "information," although it may be called a "citation" for minor crimes such as traffic law violations. Reporters may quote from these documents because they are public record; their defense in any potential libel suit would be "privilege" -- accurately reporting information from public sources. However, they should remember to attribute the information -- to the charge sheet, or to the county attorney's office -- and be careful while taking notes. Reporters should be sensitive in certain cases, such as those involving rape victims and juvenile defendants, to remember ethical rules and laws that may prevent them from naming all victims and suspects.
E. Arraignment/First Appearance. An arraignment or first appearance is a hearing before a judge at which the defendant is informed of the charge and told of his legal rights. If the charge is a misdemeanor, the defendant may be arraigned (enter a plea) at that time. If the charge is a felony, an automatic "not guilty" plea is entered at that time, and the hearing is officially called a "first appearance." The "arraignment" in a felony is not held until a preliminary hearing is held or waived on the record. Then, and only then, can an arraignment be held (that is, only then can a defendant enter a plea) After arraignment, if the plea is guilty, the judge may pronounce sentence, or may ask for a background check of the defendant to help in making sentence appropriate. If the plea is not guilty, the judge will set a trial date.
F. Preliminary hearing. At a preliminary hearing, the prosecution presents evidence to show "probable cause" that the defendant committed the crime. The prosecution tends to be the only side in Utah that presents evidence at a preliminary hearing, but the defense can do so if it chooses. This is rare, though, for two reasons. First, defendants don't present evidence at a preliminary hearing because that puts the testimony on record, and a transcript of the testimony could be introduced as evidence at trial. If something is said at the preliminary hearing that could hurt the case for the defense, it cannot be erased or ignored. Second, defense attorneys do not like to show the prosecution the strengths and weaknesses of their case before a possible trial. At the conclusion of the preliminary hearing, if the judge decides that the prosecution has demonstrated probable cause, the defendant is "bound over" for trial. Otherwise, the charges are dismissed and the defendant freed. Note: When a defendant is charged with both a felony and a misdemeanor, he or she goes to a preliminary hearing. The standard of evidence for misdemeanors in such hearings is lower than the "probable cause" standard for felonies. Also note: Preliminary hearings are more common in some states than in others. O.J. Simpson had a long preliminary hearing in California.
Does Utah have grand juries? Yes, but they are unlike the grand juries in many other states (such as Ohio), where grand juries routinely review criminal charges to decide whether they should be prosecuted. Those other states, and the federal government, use grand juries as a formal investigative step leading to a criminal "indictment," which usually occurs after charges are filed but before the start of a trial.
Here is what Utah does: The Utah grand jury system begins at the state level with a panel of five district court judges. The panel hears the initial criminal complaints, determines if there is enough information to impanel a grand jury, and acts accordingly. The grand jury that is created can inquire into and indict for any criminal activity occuring within the state. However, these grand juries do not routinely deal with small crimes. The Logan Herald Journal reports that Utah grand juries sometimes investigate allegations of crime against law enforcement officials, in order to remove potential conflicts of interest, and that a grand jury has met to hear citizen complaints in Cache County every two to three years.
Occasionally you read about federal grand juries in Utah. These are based in Salt Lake City and investigate allegations of violations of federal laws. A federal grand jury investigated the Enid Greene election complaints because they involved a federal election -- in this case, for the U.S. House of Representatives seat in Salt Lake City.<.> FYI: Grand juries are called "grand" to distinguish them from the common, verdict-rendering group, known officially as "petit" juries (petit means "small").
G. Plea. At the arraignment, the defendant could plead guilty, not guilty, "no contest" or, in rare cases and in only a few states, stand mute or plea "not guilty by reason of insanity." If the suspect pleads guilty, the judge decides on punishment, usually after a thorough examination of the person's background. Other pleas lead to court dates.
H. Pretrial investigation/Trial date. Once a trial is scheduled, the prosecution and defense begin a process called "discovery," the fact-finding on which they base their trial arguments. The prosecution and defense also may file pretrial motions. For example, the defense may file a motion asking the judge to dismiss the charges or move the case to another jurisdiction, an action known as "change of venue."
I. Plea bargain. During the pretrial investigations, the prosecution and defense attorneys may reach an agreement by which the defendant changes his or her plea from not guilty to guilty. Usually this involves a reduction of the charges. The reason these agreements are so common is that juries are unpredictable. No one can know whether they will return a verdict of not guilty or impose maximum punishment. That scares lawyers and defendants, so they cut a deal in which each side gains something and loses something. The prosecution gains a conviction. The defense gains the knowledge that the punishment could have been much worse if the original charges had been presented to a jury.
J. Jury selection. The trial could be heard by a judge or jury. State laws allow the defendant to waive the right to a jury trial. If the defense opts for a jury, it must be chosen from the people living in the jurisdiction of the court that tries the case. A large group of people, sometimes several hundred, are called to the courthouse. They're called a venire, or "jury pool." The defense and prosecution question them to determine if they're acceptable for a jury. Each side has a limited number of "strikes" that they can use to prevent someone in the pool from being on the jury. For example, the prosecution may strike a prospective juror who is a relative of the defendant.
K. Trial. At a trial, the prosecution presents evidence and calls witnesses. Then the defense can question those witnesses, a process called "cross-examination," or challenge the evidence. The prosecutor then can re-question the people whom the defense questioned. After the prosecution has presented all of its evidence, it's the defense's turn. And the prosecution gets its chance to question the defense's witnesses. Because of the Fifth Amendment right to avoid self-incrimination, the defendant does not have to testify. If he or she does, however, the prosecution has the right to cross-examine. The prosecution did not have this opportunity in the Simpson criminal trial because Simpson's lawyers believed he had a greater chance of acquittal if he remained silent.
L. Verdict. If there is no jury, the judge decides the verdict. If a jury hears the case, it decides a verdict of guilty or not guilty for each charge. Thus, a defendant could be convicted on some charges and acquitted on others. If the jury decision must be unanimous, and jurors are unable to agree on a verdict, the case is retried with a new jury. A jury unable to resolve its differences is called a "hung jury."
M. Sentence. The jury may recommend a sentence, but the judge pronounces it. He may give a convicted person a lighter or tougher sentence than the one recommended.
N. Appeal. Convictions aren't always the end of the road. The defense may file motions for a retrial, arguing that the original trial was unfair. The prosecution cannot appeal a verdict of not guilty, under the "double jeopardy" rule that prevents a person from being tried twice for the same crime. (Note: the double jeopardy rule does not apply to mistrials.)
O. Execution of the sentence. Sometimes a convicted person -- who legally can be termed a criminal, rapist, felon, murderer, or whatever is appropriate -- begins serving time while the appeal is processed. If the appeal is granted, he or she may be released until a new trial. However, after appeals are exhausted, the sentence is carried out. This may include a literal execution, the punishment for a "capital" crime. Criminals who do not receive the death penalty may have their sentences shortened by parole, by "good time" rewards for good behavior, or by a pardon issued by the governor.