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CRIMINAL JUSTICE PROCESS WHERE THE PROCESS BEGINS Investigation & charge The criminal justice system begins with a report that a crime has occurred. Law enforcement officers investigate these reports and forward the results to the District Attorney's Office. If enough evidence is found to bring charges, the prosecutor files and "Information" with the Court-a formal document that charges or alleges that the defendant committed one or more crimes. Summons/Bail After being charged with committing a crime, a defendant can be ordered to appear in Court in one of two ways -being served a "Summons" to appear, or being arrested. A "Summons" orders the defendant to appear in Court at a specific time on a specific day. If the defendant is arrested, he or she may be released from jail with the defendant's promise to appear in Court on the appointed day. Some defendants may not qualify for or be able to post bail, and are held in jail until the trial and sentencing procedures are completed. In these cases the defendant is entitled to have the proceedings scheduled as quickly as possible. FIRST HEARINGS AT COURT First Appearance The first time a defendant is required to appear in Court on a criminal charge is called the "First Appearance." If the defendant is found to be indigent, or unable to hire a lawyer, the Court appoints a lawyer to represent him or her. These lawyers are often referred to a legal or public defenders. Bail Hearing If a defendant cannot post bail, he or she is entitled to a "Bail Hearing." The prosecution and defense can present evidence at this hearing. Ultimately, the judge decides whether the defendant is entitled to bail and, if so, how much bail is warranted. PRELIMINARY HEARING & ARRAIGNMENT Preliminary Hearing Before a felony case can be set for trial, the prosecutor must first prove there is sufficient evidence to warrant a trial. The proof is made during a "Preliminary Hearing." The amount of evidence required at this hearing is less than required at a trial. If the evidence is sufficient, the judge will bind the defendant over for trial. Preliminary hearings are not held if the defendant is charged only with misdemeanors. Arraignment After the preliminary hearing, the next Court appearance is called the "Arraignment." The arraignment can be held immediately after the preliminary hearing or be scheduled for another day. At the arraignment, the defendant enters a plea of "Guilty" or "Not Guilty." If the defendant pleads "not guilty," the judge will set the next hearing. Generally the next hearing is a "Pre Trial Conference." If the defendant pleads "guilty," the judge will schedule a date for sentencing. If there is no resolution, the case is set for trial. Motion Hearings There may be hearings scheduled for the attorneys to argue pre-trial legal motions. The court may rule on various issues that relate to how the trial will be conducted and on the admissibility of evidence. TRIAL Pre-Trial Conference In each case there can be numerous "Pre-Trial Conferences." These conferences are scheduled to facilitate plea negotiations or discuss trial issues. Trial The "Trial" is where the prosecution is required to prove the defendant's guilt. The level of proof required to convict a defendant is "beyond a reasonable doubt." The judge presides over the trial, rules on the admissibility of evidence, and instructs the jury on what law applies to the case. The jury decides whether the defendant is guilty or not guilty. If the defendant is found "guilty," the Court schedules a date to "Sentence" the defendant. If a defendant is found "not guilty," he or she is free to go and the criminal justice process is completed. A finding of "not guilty" does not necessarily mean the jury believed that the defendant is innocent. It does mean that the evidence presented did not convince the jury beyond a reasonable doubt that the defendant is guilty of the charged crime. SENTENCING Generally, prior to sentencing a defendant, the judge will request a "Pre-Sentence Investigation." An Adult Probation and Parole (AP&P) agent conducts this investigation. The investigator contacts the defendant; the victim and any other interested parties, prepares a written report and forwards the results to the judge, defense attorney and prosecutor. The report includes a recommendation for the sentence. Sometimes a formal mental health evaluation or other evaluation is included with the report. The judge may or may not follow the recommendations. For felony cases, the sentence can be prison, jail, or probation. Prison sentences in Utah are typically for indeterminate times, such as 1 to 15 years. The Board of Pardons and Parole makes the decision how long the defendant will actually serve. Defendants cannot be sent to prison for misdemeanors. PROBATION & PAROLE Often, a defendant is sentenced to probation. While on probation, the defendant is required to abide by a list of rules such as having no contact with the victim, maintaining a curfew, maintaining employment, payment of restitution to the victim, etc. If the defendant violates any term of probation he or she may be brought back to Court to answer to the judge. The judge can put the defendant in jail, impose additional conditions of probation or send him or her to prison. Parole is similar to probation except that it is for defendants who have served a prison sentence. After being released from prison, defendants are placed on supervised parole. If a defendant violates a "condition" of parole, he or she answers to the Board of Pardons & Parole rather than to a judge. Once a defendant successfully completes probation or parole, the criminal justice process is completed.  Freedom Law School is offering $100,000 to the first person who can demonstrate any of the three propositions listed below. The winner can collect up to $300,000 if he or she can prove all of the propositions below. 1. Show what statute written by the Congress of the United States requires Americans to file an income tax “CONFESSION” (return) and pay an income tax. 2. How can Americans file an income tax “CONFESSION” (return) without giving up their 5th amendment right not to give any information to the government that may be used to prosecute them. 3. Prove that the 16th amendment to the United States Constitution, which, according to the IRS and modern American courts permitted the income tax to exist was, lawfully added to the United States Constitution. Freedom Law School declares: * There is no statute that makes any American Citizen who works and lives in the United States of America liable or responsible to pay an income tax. Individuals only become liable to pay the income tax when they “voluntarily” file a tax return and the IRS follows their assessment procedures as outlined in the Internal Revenue Code. * If there were a statute, which clearly and unequivocally required the filing of such tax returns, such a statute would be unconstitutional under the present income tax system to the extent that it would require individuals to give the government information which could be used against them to prosecute them criminally. Although the IRS and the modern American Courts claim that the 16th Amendment of the U.S. Constitution permitted the income tax to be imposed on the compensation for labor of the average working man, the 16th Amendment was not properly added to the United States Constitution. See www.thelawthatneverwas.com for documentation of this issue. * The IRS, under the United States Constitution, cannot legally require information on 1040 returns from individuals. This is the reason the IRS continually refers to the income tax as "voluntary.” |
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Peoa, Utah 84061
435 783-5455
God's wisdom is that it would be impossible to know him by men's wisdom.
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