Tooele County Criminal Court handles all criminal cases that are filed in Tooele County. See below for more information about criminal cases in Tooele County.
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.
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.
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.
Where can I get help for my Tooele 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 Tooele 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.
Right to Jury Trial
For “Serious Crimes”, those that can have a potential penalty of 6 months in jail OR a minimum $500 penalty, the US Constitution guarantees a right to trial by jury. This is guaranteed by Article III of the Constitution and the 6th Amendment. The accused has the ability to waive their right to trial by jury.
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.
Tooele County Criminal Court hearings
Criminal hearings in Tooele County will take place at the Tooele County Criminal Courts. Please see here for a list of the Tooele County Criminal Court Locations.
Tooele County Arraignments
An arraignment is a court hearing. In Tooele County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Tooele County Criminal Court and the judge will read the charges that were filed against the defendant. The judge will also read the rights the defendant has and ask the defendant if they understand both the charges filed against them and their rights as a defendant in the case. In Tooele County a plea of Guilty, Not Guilty or No Contest may be entered. In a guilty or no contest plea the sentencing of the defendant may take place at the same arraignment hearing or a later date may be scheduled for sentencing. For a not guilty plea, a date will be set for a trial.
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.
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.
Tooele County Prosecutor
For criminal cases in Tooele County, the prosecutor will be a representative of Tooele County. The Tooele County prosecutor reviews all evidence and ultimately decides whether to file or dismiss charges in the case. Most of the time, the prosecutor has leeway in plea negotiations and determines how the case will be prosecuted.
Mandatory Appearances in Tooele County Criminal Court
At a mandatory or required court appearance in Tooele 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.
Tooele County Criminal Court Locations
3rd District Court – Tooele County
Address: 74 South 100 East, Suite 14, Tooele, UT 84074
Phone: 435-833-8000 Fax: 435-833-8058
3rd District Juvenile Court – Tooele County
Address: 74 South 100 East, Suite 15, Tooele, UT 84074
Phone: 435-833-8040 Fax: 435-833-8058
Grantsville Justice Court
Address: 429 East Main Street, Grantsville, UT 84029
Phone: 435-884-6271 Fax: 435-884-0237
Stockton Justice Court
Address: 18 North Johnson Street, PO Box 240, Stockton UT 84071
Phone: 435-882-3877 Fax: 435-833-9031
Tooele County Justice Court
Address: 74 South 100 East, Suite 12, Tooele, UT 84074
Phone: 435-843-3230 Fax: 435-843-4702
Wendover Justice Court
Address: 920 East Wendover Boulevard, Wendover, UT 84083