Weber County Criminal Court hears all criminal cases in Weber County. Below you will find specific information about criminal cases and how they are handled in Weber County.
Jury by Trial Right
The US Constitution (Article 3 along with the 6th Amendment) ensures an accused defendant the right to a jury trial. This applies to crimes that have a $500 fine or a potential sentence of six months in jail (aka Serious Crimes). This right to trial by jury can also be waived by a defendant.
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.
The Right to Counsel
The Fifth and Sixth Amendments to the U.s. Constitution give defendants in criminal cases the right to counsel/attorney. If you cannot afford an attorney one will be appointed to represent you. Like other rights a defendant has, this one can be waived as well and alternatively you can choose to represent yourself.
Mandatory Appearances in Weber County Criminal Court
At a mandatory or required court appearance in Weber County, the defendant must appear before the court. In the event of a “Failure to Appear” the judge may issue a warrant for the arrest of the defendant. Note: not all criminal hearings are mandatory, in a non-mandatory hearing an attorney may appear on your behalf without you being in court.
What happens in Weber County at an arraignment?
In Weber 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.
A Plea Agreement, sometimes known as a Plea Bargain is an agreement between the prosecution and the defendant, where the defendant pleads guilty or no contest often in exchange for a lesser charge or lighter recommended sentence. A large majority of criminal cases end in a plea agreement. In Weber County you can inform your attorney to negotiate with the prosecution to attempt to come to a plea agreement, but this is dependent upon the charge severity and also the prosecutors willingness to accept a plea deal.
Burden of Proof
The burden of proof is always on the prosecution in a criminal trial. In other words, the prosecution has to prove beyond a reasonable doubt that the defendant committed the crime. The defense must only prove that there is a reasonable possibility that the defendant did NOT commit the crime. If the prosecution cannot prove that the defendant committed the crime beyond a reasonable doubt, the jury will be instructed to find the defendant not-guilty.
I need help for my Weber County criminal case
The best place to get information about your criminal case is from an attorney. If you cannot afford an attorney, the court will appoint one to represent you which will assist in your case. For general information about your case the Weber County court clerk is able to provide general information about your specific case (e.g. date/time hearings, mandatory appearance, what will take place and what you will be required to do). The court clerk for Weber County will NOT be able to provide legal advice for your case, only an attorney can provide legal advice. The court clerk can provide legal information (like the information found on this website) about your case but cannot provide advice about what you should do in your legal manner.
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.
Jury Deliberations in Weber County
In Weber County, jury deliberations will take place in a jury trial after the prosecution and defense have presented their cases and rested. At this point, the judge will provide a list of instructions to the jury about what they are allowed and not allowed to do and what verdict options are available for them to decide. The jury will be sent to a private room to discuss the evidence presented in the case and attempt to reach a unaminous decision. When a unaminous decision is reached, the jury will inform the judge that they have reached a verdict and will return to the courtroom for the verdict to be read allowed. In the event that the jury cannot reach a unanimous verdict, the jury results in a deadlock and a mistrial is declared.
Who is the prosecutor for Weber County?
Depending upon the case, the prosecutor for Weber County criminal cases will either be a representative of Weber 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.
Where will Weber County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Weber County. See here for the location of the criminal courts in Weber County.
Weber County Criminal Court Locations
2nd District Court – Weber County
Address: 2525 Grant Avenue, Ogden, UT 84401
Phone: 801-395-1079 Fax: 801-395-1182
2nd District Juvenile Court – Weber County
Address: 444 26th Street, Ogden, UT 84401
Phone: 801-626-3800 Fax: 801-626-3827
Farr West Justice Court
Address: 1896 North 1800 West, Farr West, UT 84404
Phone: 801-731-4187 Fax: 801-731-7732
Harrisville Justice Court
Address: 363 West Independence Boulevard, Harrisville, UT 84404
Phone: 801-782-4100 Fax: 801-782-1449
North Ogden Justice Court
Address: 515 East 2600 North, North Ogden, UT 84414
Phone: 801-737-2203 Fax: 801-782-6958
Ogden City Justice Court
Address: 310 26th Street, Ogden, UT 84401
Phone: 801-629-8560 Fax: 801-393-6629
Plain City Justice Court
Address: 4160 West 2200 North, Plain City, UT 84404
Phone: 801-731-4908 Fax: 801-731-8619
Pleasant View Justice Court
Address: 520 West Elberta Drive, Pleasant View, UT 84414
Phone: 801-782-6741 Fax: 801-782-0539
Riverdale Justice Court
Address: 4600 South Weber River Drive, Riverdale, UT 84405
Phone: 801-394-9314 Fax: 801-394-0036
Roy Justice Court
Address: 5051 South 1900 West, Roy, UT 84067
Phone: 801-774-1051 Fax: 801-774-1060
South Ogden Justice Court
Address: 3950 Adams Avenue, South Ogden, UT 84403
Phone: 801-622-2700 Fax: 801-622-2718
Uintah Justice Court
Address: 2191 East 6550 South, Uintah, UT 84405
Phone: 801-479-4130 Fax: 801-476-7269
Washington Terrace Justice Court
Address: 5249 South 400 East, Washington Terrace, UT 84405
Phone: 801-393-8951 Fax: 801-627-1872