Category: URCrP007

Rules of Criminal Procedure – Comment Period Closed August 11, 2017

URCrP 007 Amend. The provisions in existing rule 7 are being divided into separate rules, each dealing with a different subject. Rule 7 will now address initial proceedings for class A misdemeanors and felonies.

URCrP 007A New. The rule addresses procedures for class B & C misdemeanors and infractions. The rule also adds specific provisions on pretrial release conditions.

URCrP 007B New. The rule addresses preliminary hearings. The rule generally reflects existing language.

URCrP 007C New. The rule addresses the procedures for material witnesses. The rule generally follows existing language.

URCrP 009 New. The new rule 9 will establish procedures for warrantless arrests. Of particular interest to practitioners may be the time-frames related to pretrial release decisions and deadlines for filing informations.

URCrP 009A New. The rule creates procedures for arrests pursuant to a warrant and includes specific procedures on pretrial release decisions.

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Rules of Criminal Procedure

URCrP 007. Proceedings before magistrate. Amend. Changes the time for probable cause from 48 hours to 24 hours after the arrest. Requires that the magistrate release the arrestee after 24 hours unless the officer is able to establish that the delay was caused by a bona fide emergency or other extraordinary circumstances.
URCrP 038. Appeals from justice court to district court. Amend. Eliminates the requirement that the court transmit a certified copy of the appeal packet to the district court as notification will occur electronically. Creates a standard for reinstating a dismissed appeal. Clarifies that a motion to reinstate the appeal may be made within a reasonable time after dismissal.
URCrP 040. Search warrants. Amend. Conforms the rule to HB 70 by incorporating the standards of probable cuase and a reasonable belief that harm may occur.

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Rules of Criminal Procedure

URCrP 007. Proceedings before magistrate. Amend. Conforms the rule to existing practices. Authorizes a magistrate to issue a material witness warrant at the same time bail is fixed. Clarifies that a material witness may not be detained if the person cannot post bail and that the witness’s testimony may be taken by deposition.
URCrP 038. Appeals from justice court to district court. Amend. Reflects that citations are now efiled and, therefore, that an abstract of a citation will be included in the record on appeal.
URCrP 040. Search warrants. Amend. Makes all sealed search warrants public after six months. The prosecutor or law enforcement officer may apply for additional six month sealing periods. If documents have been sealed for three years or more, an individual may seek to indefinitely seal the documents.

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Rules of Criminal Procedure

URCrP 007. Proceedings before magistrate. Amend. Reduces from 48 hours to 24 hours the time within which a judge must determine probable cause after a warrantless arrest.

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Rules of Criminal Procedure

URCrP 007. Proceedings before magistrate. Amend. Authorizes a magistrate to issue a material witness warrant at the same time bail is fixed.
URCrP 040. Search warrants. Amend. Makes all sealed search warrants public after six months. The prosecutor or law enforcement officer may apply for additional six month sealing periods.

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Rules of Criminal Procedure

URCrP 007. Proceedings before magistrate. Amend. Implements the Supreme Court’s decision in State v. Hernandez, 2011 UT 70, requiring preliminary hearings in class A misdemeanors.
URCrP 036. Withdrawal of counsel. Amend. Requires counsel to include in a motion to withdraw a certification that withdrawal is consistent with the rules of professional conduct.

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Utah Rules of Criminal Procedure

URCrP 07. Proceedings before magistrate. Amend. Conforms the rule to the statute which allows justice court judges to make probable cause determinations in first degree felonies. Also eliminates the requirement of a written bindover order.
URCrP 11. Pleas. Amend. States that compliance with the rule will be determined by reviewing the entire record and variances which do not affect substantial rights will be disregarded.
URCrP 12. Motions. Amend. Clarifies that motions for a reduction may be filed any time after sentencing.

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