Box Elder County Criminal Court handles all criminal cases that are filed in Box Elder County. See below for more information about criminal cases in Box Elder County.
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.
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.
What is the Burden of Proof?
The term “Burden of Proof” means that the prosecutor is required to prove the guilt of the defendant beyond a reasonable doubt. If the prosecutor cannot provide proof of the defendants guilt, then the judge or jury in a trial must find the defendant not guilty. In the United States the principle innocent until proven guilty derives from this that the defendant is assumed innocent and the prosecution has the burden of proving beyond a reasonable doubt that the defendant is guilty.
Can I appeal a guilty verdict?
If found guilty, a defendant may decide to appeal his case to an appelate court. The appellate court will not retry the case, they will examine the proceedings in the lower court to make sure they were done in a legal manner. The appellate court can either uphold the original conviction, or determine that due to errors made in the original trial, that there must be a retrial, resentencing or a complete dismissal of the charges.
Box Elder County Criminal Court locations
Criminal proceedings take place in the Box Elder County Criminal Courts. A list of the criminal courts are located here.
Arraignments in Box Elder County
During an arraignment in Box Elder County, a defendant appears before the court and the judge reads the charges that have been filed against the accused and also informs the defendant of his/her rights. During the arraignment in Box Elder County, the defendant can choose to plead one of the following 1) Guilty 2) Not Guilty or 3) No Contest. If the defendant enters a plea of Not Guilty, a date for trial is set. In the event of a Guilty or No Contest Plea in Box Elder County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Sentencing in Box Elder County
In Box Elder County if the defendant is found guilty (by trial or plea), the defendant will be sentenced. This sometimes occurrs immediately after being found guilty, but can also take place at a later date. In most instances, a judge will impose the sentence that is requested by the prosecution, but they also have the descretion to impose a different sentence.
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.
Prosecutor in Box Elder County
In Box Elder County, the prosecutor is an attorney representing Box Elder County. In some cases, the prosecutor may actually represent Utah. For the most part, the prosecutor in Box Elder County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
What is Jury Deliberation?
After both the prosecution and defense have presented their cases, the judge in the case will provide instructions to the jury about what they must decide. The jury will be dismissed to the jury room where they will deliberate about the guilt or innocence of the defendant. After reaching a unaminous decision, they return their decision to the court where it is read aloud in the courtroom. If the jury is unable to reach a unaminous decision, the jury is deadlocked, also known as a hung jury, in which a mistrial will be declared.
Mandatory Appearances in Box Elder County Criminal Court
At a mandatory or required court appearance in Box Elder 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.
Where can I get help for my Box Elder 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 Box Elder 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.
Box Elder County Criminal Court Locations
1st District Court – Box Elder County
Address: 43 North Main, PO Box 873, Brigham City, UT 84302
Phone: 435-734-4600 Fax: 435-734-4610
1st District Juvenile Court – Box Elder County
Address: 43 North Main Street, PO Box 873, Brigham City, UT 84302
Phone: 435-734-4600 Fax: 435-734-4631
Box Elder County Justice Court
Address: 81 North Main Street, Brigham City, UT 84302
Phone: 435-734-3390 Fax: 435-734-3376
Garland Justice Court
Address: 72 North Main Street, PO Box 129, Garland, UT 84312
Phone: 435-257-8352 Fax: 435-257-3143
Mantua Justice Court
Address: 409 North Main Street, Mantua, UT 84324
Phone: 435-723-7054 Fax: 435-723-8427
Tremonton Justice Court
Address: 102 South Tremont Street, Tremonton, UT 84337
Phone: 435-257-9509 Fax: 435-257-9513
Willard Justice Court
Address: PO Box 593, Willard, UT 84340
Phone: 435-723-2634 Fax: 435-723-6164