(b) Right tocounsel. If the defendant is present at the initial appearancewithout counsel, the court must determine if the defendant is capable ofretaining the services of an attorney within a reasonable time. Ifthe court determines the defendant has such resources, the court must allow thedefendant a reasonable time and opportunity to retain and consult withcounsel. If the court determines the defendant is indigent, thecourt must appoint counsel pursuant to Rule 8, unless the defendant knowinglyand intelligently waives the right to counsel.
(c)(1) If counsel arepresent and prepared, the court must address whether the defendant is entitledto pretrial release pursuant to Utah Code ? 77-20-1, and if so, what if anyconditions the court will impose to reasonably ensure the continued appearanceof the defendant, integrity of the judicial process, and safety of thecommunity. The court must utilize the least restrictive conditionsneeded to meet those goals.
(c)(2)The determination of pretrial release eligibility and conditions may bereviewed and modified upon application by either party based on a materialchange in circumstances, or other good cause.
(d) Continuances. Ifcounsel are not prepared, the court shall allow up to a seven day continuanceof the hearing to allow for preparation, including notification to anyvictims. The court may allow more than seven days with the consent of thedefendant.
(e) Right topreliminary examination.
(e)(1) The court mustinform the defendant of the right to a preliminary examination and the timesfor holding the hearing. If the defendant waives the right to apreliminary examination, and the prosecuting attorney consents, the court mustorder the defendant bound over for trial.
(e)(2) If the defendantdoes not waive a preliminary examination, the court must schedule thepreliminary examination upon request. The examination must be held withina reasonable time, but not later than 14 days if the defendant is in custodyfor the offense charged and not later than 28 days if the defendant is not incustody. These time periods may be extended by the magistrate forgood cause shown. Upon consent of the parties, the court may schedule the casefor other proceedings before scheduling a preliminary hearing.
(e)(3) A preliminaryexamination may not be held if the defendant is indicted.
Effective May 1, 2018