Beaver County Criminal Court handles all criminal cases that are filed in Beaver County. See below for more information about criminal cases in Beaver County.
Beaver County Required Court Appearances
In Beaver County, there are both required and non-required court appearances for the defendant. At a required or mandatory appearance hearing, the defendant is required to appear in person before the court. Failing to appear at your required hearing may result in a bench warrant being issued for your arrest by the judge.
What happens in Beaver County at an arraignment?
In Beaver County the defendant is brought into court and informed by the judge of the charges that have been filed against them along with informing them of their rights. At this time, the defendant can plead guilty, not guilty or no contest. If the defendant pleads guilty or no contest, there will be no trial and the defendant may be sentenced immediately or at a later date. If the defendant pleads not guilty a trial date is set.
Beaver County Criminal Court
Appealing a Criminal Conviciton
A defendant may appeal a criminal conviction to an appellate court. In an appeal, the actual trial is not redone, but the appellate court hears arguments that the criminal case was not handled in a legal manner at the original criminal court. The appellate court can either uphold the conviction, or determine that errors were made and may request a retrial, a resentencing of the defendant or that the charges be dismissed.
Jury Deliberation
In a jury trial in Beaver County, after both the prosecution and defense have rested, the judge will give instructions to the jury and jury deliberations will begin. The jury will convence in a private room to discuss and deliberate the innocence or guilt of the defendant. Once the jury arrives at a unimanous decision, they will inform the judge that they have reached a decision. They will return to the court and the verdict will be read aloud. If the jury cannot reach a unaminous decision, the jury is said to be deadlocked and a mistrial will be declared in the case.
If guilty, who sentences the defendant?
If the defendant is found guilty after the trial, the defendent will be sentenced. In some cases, this can occur at the same hearing the defendant is found guilty in court, in other cases a separate hearing will be required. Often the prosecution will request a particular sentence for the defendant and the judge will determine whether to enforce this sentence or impose a different sentence for the defendant.
Who is the prosecutor for Beaver County?
Depending upon the case, the prosecutor for Beaver County criminal cases will either be a representative of Beaver County or a representative from Utah. After reviewing evidence it is the prosecutor’s decision whether to file charges or drop a case. Most prosecutors have the ability to negotiate plea bargains, and determine how the case will be prosecuted.
Burden of Proof Requirement
In a criminal case in the United States, the burden of proof always requires the prosecutor to prove beyond a reasonable doubt that the defendant is guilty. This is a high threshold that must be met by the prosecution when presenting evidence in a case. If the prosecution fails in it’s burden to prove guilt beyond a reasonable doubt the judge must find the defendant not guilty. In a jury trial, the judge will inform the jury what this burden is and their obligation to find the defendant not guilty if they feel the prosecution did prove the defendant’s guilt beyond a reasonable doubt.
Beaver County Criminal Court hearings
Criminal hearings in Beaver County will take place at the Beaver County Criminal Courts. Please see here for a list of the Beaver County Criminal Court Locations.
What is a Plea Agreement?
A plea agreement is a deal made between the prosecution and the defendant in a case, where the defendant agrees to plea guilty to a particular charge in exchange for some concession from the prosecutor. In practice, more than 90% of criminal cases end with a plea agreement.
What if I can’t afford an attorney?
The 6th Amendment guarantees you the right to an attorney whether or not you can afford one. If you cannot afford one, a public defender will be appointed by the court to represent you.
Where can I get help for my Beaver County criminal case?
The 6th amendment of the United States Constitution provides a criminal defendant with the right to an attorney. As read in the miranda rights, this means that if a defendant cannot afford to hire a private attorney a legal attorney will be appointed to the defendant to represent him at no cost to the defendant. This is often a public defender. In addition, the court clerk for Beaver County will also be able to provide general information about a specific criminal case. The clerk can only provide information and is not an attorney so they cannot provide legal advice, only a licensed attorney can provide legal advice about what the best options for are for your particular case.
The Right to Trial by Jury
The Sixth Amendment of the United States Constitution guarantees the right to a trial by a jury. This is applicable for when the crime can carry a sentence of 6 months in jail OR a $500 fine, these are known as “Serious Crimes”. The defendant can also waive their right to a speedy and public trial.
Beaver County Criminal Court Locations
-
5th District Court – Beaver County
Address: 2270 South 525 West, PO Box 1683, Beaver, UT 84713
Phone: 435-438-5309 Fax: 435-438-5395 -
5th District Juvenile Court – Beaver County
Address: 2270 South 525 West, PO Box 1683, Beaver, UT 84713
Phone: 435-438-5309 Fax: 435-438-5395 -
Beaver Justice Court
Address: 2270 South 625 West, PO Box 387, Beaver, UT 84713
Phone: 435-438-6470 Fax: 435-438-5348 -
Milford Justice Court
Address: 26 South 100 West, PO Box 922, Milford, UT 84751
Phone: 435-387-5571 Fax: 435-387-2524 -
Minersville Justice Court
Address: 60 West Main Street, PO Box 268, Minersville, UT 84752
Phone: 435-386-2586