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Show Court Performs Important Function In Community Last week we did a story on the Juvenile Court system in Utah. Our topic this week is the City Court system in Utah. Last week's article explained that the Juvenile Court has jurisdiction over minors under the age of 18 years, child abuse and child custody cases. All criminal charges involving adults (persons over the age of 18 years) are initiated in the City Court. Charges may be instituted in several ways. Criminal charges may be initiated by either a police officer or a private citizen. A private citizen who witnesses, or who has knowledge knowl-edge of a crime can do one of two things; he can contact the Sheriffs Office of the Police and report the crime to them or he can go directly to the County Attorneys office (He should go to the City Atorneys office if the crime concerns a minor offense that takes place in the city limits), and request the County Attorney to give him a complaint. After he receives the complaint com-plaint from the County Attorney, Attor-ney, he takes the complaint to the City Judge and swears that the information contained therein is true, he then signs the complaint in the presence of the judge. After the complaint is filed the Court issues an order requiring the defendant to appear and answer the complaint. If the crime charge is a misdemeanor, misdemean-or, the law requires that a summons be issued to bring the defendant into court. If the crime is a felony, the law requires a warrant of arrest be issued. Crimes There are two types of crimes, a misdeamonor and a felony. A misdemeanor is an offense punishable by imprisonment im-prisonment in the County jail for a period of not more than 6 months and a felony is an offense that is punishable by imprisonment in the State Penetentiary. The City Court tries and disposes of all misdemeanors that occur in Grand County, but Felony cases (the more serious crimes) are tried in the District Court. All cases, whether misdemeanor misde-meanor or felony, are initiated in the City Court by the filing of a complaint but in the case of felonies, the City Judge only acts in the capacity of a Committing Magistrate to determine whether the state has sufficient evidence to establish that the defendant probably committed the crime with which he is charged. Arraignment The 1st stage of the proceedings in every Criminal Case is the arraignment. The procedure hat takes place in a misdemeanor case is as follows: The defendant is given a copy of the Criminal complaint, the complaint is read in open court and the defendant is asked if he knows and understnds the charge or charges against him. He is advised of the nature of the charge and the penalty for same. The defendant is then advised that he is entitled to be represented by an attorney and advised that if he does not have sufficient funds to hire an attorney, one will be appointed for him. In most misdemeanor cases the defendant waives his right to be represented by counsel in the event, however, that the defendant desires an attorney the araignment is postponed in order to allow him to call an attorney or if he proves that he is an indigent the court appoints an attorney to represent repre-sent him. At the next stage of the proceedings the defendant is required to enter a plea of either guilty or not guilty to the charge. If the defendant enters a plea of guilty the judge advises him of his statutory right to demand postponement of sentence which right is waived in most cases and sentence is immediately immedi-ately pronounced. If the defendant enters a plea of not guilty the defendant is given a trial date and required to post bail or be released on own recognizance as recommended in every criminal case by the state. Every defendant has the right to a trial by jury if he doesn't demand a jury trial the case is tried before the court without a jury. At the time of the trial the procedure is as follows: 1. The County attorney makes an opening statement, telling the Judge or jury what he intends to prove. 2. The Defending attorney makes his opening statement, telling the Judge or jury what he intends to prove. 3. The County attorney calls his witnesses each of whom are cross-examined by the Defending attorney. 4. The Defending attorney calls his witnesses and they are each cross-examined by the County Attorney. 5. During the Course of the trial if either side has any ' tangible evidence that is material to the case they introduce it into evidence at such time as it is sufficiently identified and shown to be material. 6. If there is a jury the judge instructs the jury on the law as it applies to the case at hand. 7. Both of the attorneys make their closing arguments to the judge or the jury, summarizing his evidence and telling what he has proved in such case. 8. The Judge or the jury makes a decision of either guilty or not guilty. 9. In the event the defendant defend-ant is found guilty he is sentenced to pay a fine of serve a jail sentence or a combination of both a fine and a jail sentence. Felony If the charge is a felony, the procedure followed at the arraignment is as follows. The defendant is given a copy of the complaint, the defendants true and correct name is verified, the complaint is read in open court and the defendant is advised of the nature of the charge and the penalty therefor, the defendant defend-ant is asked if he knows and understands the charge or charges against him, the defendant is advised that the charge stated in the complaint is a felony and that felonies are tried in the District Court following an information or indictment, but that he is entitled to a preliminary hearing before the City Court to determine whether or not the prosecution has suficient evidence to establish that the defendant probably committed the crime or crimes charged in the complaint. The defendant is advised of his right to counsel and, advised that if he cannot afford to hire an attorney, one will be appointed to represent him. The proceeding proceed-ing is then postponed, usually for one day in order to allow the defendant to obtain counsel coun-sel or in the event the defendant is indigent, to allow the court time to appoint counsel. Defendant is required to post bail to insure his further appearance. In setting such bail the Court usually follows the recommendations of the state. The following day the defendant appears with counsel, coun-sel, the County Attorney appears in behalf of the state and a preliminary hearing is set. The order of the preliminary hearing is as follows: The defendant is advised that the proceeding is not a trial but a preliminary hearing which is conducted for the purpose of determining whether there is probable cause to believe that the defendant committed the crime charged in the complaint. comp-laint. That if at the conclusion of the hearing, the judge finds that sufficient evidence has been shown to establish that defendant probably committed a crime, the judge will bind him over for trial before the District Court. If on the other hand, the judge finds that the evidence is insufficient to establish that the defendant probably committed a crime he will dismiss the charge and order the defendant to be released. |