Utah Courts
URCRP Rule 7 (Rules of Criminal Procedure)
URCRP Rule 7 (Rules of Criminal Procedure)
Rule 7. Initial proceedings for class A misdemeanors and felonies.
(a) First appearance. At the defendant’s first appearance, the court will inform the defendant:
(1) of the charge in the information or indictment and furnish a copy;
(2) of any affidavit or recorded testimony given in support of the information and how to obtain them;
(3) of the right to retain counsel or have counsel appointed by the court without expense if unable to obtain counsel;
(4) of rights concerning pretrial release; and
(5) that the defendant is not required to make any statement, and that any statement the defendant makes may be used against the defendant in a court of law.
(b) Right to counsel. If the defendant is present at the initial appearance without counsel, the court will determine if the defendant is capable of retaining the services of an attorney within a reasonable time. If the court determines the defendant has such resources, the court will allow the defendant a reasonable time and opportunity to retain and consult with counsel. If the court determines the defendant is indigent, the court will appoint counsel pursuant to Rule 8, unless the defendant knowingly and intelligently waives the right to counsel.
(c) Release conditions.
(1) Except as provided in paragraph (d), the court must issue a pretrial status order pursuant to Utah Code section 77-20-205. Parties should be prepared to address this issue, including notice requirements under Utah Code section 77-37-3 and Utah Code section 77-38-3.
(2) A motion to modify the pretrial status order issued at initial appearance may be made by either party at any time upon notice to the opposing party sufficient to permit the opposing party to prepare for the hearing and to permit each alleged victim to be notified and be present.
(3) Subsequent motions to modify a pretrial status order may be made only upon a showing that there has been a material change in circumstances.
(4) A hearing on a motion to modify a pretrial status order may be held in conjunction with a preliminary hearing or any other pretrial hearing.
(d) Continuances. Upon application of either party and a showing of good cause, the court may allow up to a seven-day continuance of the initial appearanceto allow for preparation, including notification to any victims. The court may allow more than seven days with the defendant’s consent.
(e) Right to preliminary hearing.
(1) The court will inform the defendant of the right to a preliminary hearing and the times available for holding the hearing. If the defendant waives the right to a preliminary hearing, and the prosecuting attorney consents, the court will order the defendant bound over for trial.
(2) If the defendant does not waive a preliminary hearing, the court will schedule the preliminary hearing upon request. The hearing will be held within a reasonable time, but not later than 14 days after the request, if the defendant is in custody for the offense charged, and not later than 28 days after the request, if the defendant is not in custody. These time periods may be extended by the court for good cause shown. Upon consent of the parties, the court may schedule the case for other proceedings before scheduling a preliminary hearing.
(3) A preliminary hearing may not be held if the defendant is indicted.
(f) Pretrial protective orders.
(1 )At the time of case initiation or citation for any case, the agency that initiated the case must provideto the court all identifying information for the defendant and any protected person, including name, date of birth, sex, race, and any other available information.
(2) When a defendant is charged with an offense for which the court is statutorily required to determine the necessity of a pretrial protective order at the first appearance, the court will enter its findings and determination in writing, either issuing or denying the pretrial protective order.
(3) If the court issues a pretrial protective order at the first appearance for a qualifying offense, it will rely on the agency that initiated the case to provide all identifying information for the defendant and any protected person, including name, date of birth, sex, race, and any other available information. If the court issues a pretrial protective order at a later proceeding in any other case, the party requesting the pretrial protective order will provide this information to the court at the time of the request. The court will indicate in the order if any identifying information has not been provided and is therefore unknown.
(4) The court will specify the conditions of the pretrial protective order and any applicable expiration date.
(5) A court will consider victim input when granting, modifying, or dismissing pretrial protective orders.
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