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Rule 7. Initial Proceedings for Class Amisdemeanors and Felonies.

(a) Firstappearance.? At the defendant's first appearance, thecourt must inform the defendant:

(a)(1) of the charge in the information orindictment and furnish a copy;

(a)(2)of any affidavit or recorded testimonygiven in support of the information and how to obtain them;

(a)(3)of the right to retain counsel or havecounsel appointed by the court without expense if unable to obtain counsel;

(a)(4)of rights concerning pretrial release,including bail; and

(a)(5)that the defendant is not required to makeany statement, and that any statement the defendant makes may be used against the defendant in acourt of law.

(b)Right to counsel.? If the defendant is present at the initialappearance without counsel, the court must determine if the defendant iscapable of retaining the services of an attorney within a reasonable time.? If the court determines the defendant hassuch resources, the court must allow the defendant a reasonable time andopportunity to retain and consult with counsel.?If the court determines the defendant is indigent, the court mustappoint counsel pursuant to Rule 8, unless the defendant knowingly andintelligently waives the right to counsel.

(c)Release conditions. ?

(c)(1)If counsel are present and prepared, the court must address whether thedefendant is entitled to pretrial release pursuant to Utah Code ? 77-20-1, andif so, what if any conditions the court will impose to reasonably ensure thecontinued appearance of the defendant, integrity of the judicial process, andsafety of the community.? The court mustutilize the least restrictive conditions needed to meet those goals.

(c)(2) The determination of pretrial releaseeligibility and conditions may be reviewed and modified uponapplication by either party based on a material change in circumstances, orother good cause.

(d)? Continuances.? If counsel are not prepared, the court shallallow up to a seven day continuance of the hearing toallow for preparation, including notification to any victims.  The courtmay allow more than seven days with the consent of the defendant. 

(e)Right to preliminary examination.? ?

(e)(1)The court must inform the defendant of the right to a preliminary examinationand the times for holding the hearing.?If the defendant waives the right to a preliminary examination, and theprosecuting attorney consents, the court must order the defendant bound overfor trial.

(e)(2)If the defendant does not waive a preliminary examination, the court must schedulethe preliminary examination upon request. The examination mustbe held within a reasonable time, but not later than 14 days if thedefendant is in custody for the offense charged and not later than 28 days ifthe defendant is not in custody. These time periodsmay be extended by the magistrate for good cause shown. Upon consent of theparties, the court may schedule the case for other proceedings beforescheduling a preliminary hearing.?

(e)(3)A preliminary examination may not be held if thedefendant is indicted.

 

Effective May 1, 2018