Contact Justice Court
Honorable Clair M. Poulson
P.O. Box 15
Duchesne UT 84021
435-738-0109
Fax- 435-738-0115
jcduchesne@utcourts.gov
Hours:
8:30 am-1:30 pm Weekdays,
Closed federal and state holidays.
Navigating the Court Process
If you've been charged with a crime in Duchesne County the following information may help you through the criminal justice system.
The courts comply with all applicable rules, statutes, and codes governing trial procedure. This information is to provide a general guide to criminal defendants. For specific legal advice concerning your case, you must consult an attorney. Neither the Court nor the clerks may provide legal advice to you.
When you arrive at the court you should check in with the court clerk. The clerk may have information for you regarding your case and/or paperwork for you to complete before being seen by the Judge. Prior to your arraignment you will be advised of your constitutional rights. You may take advantage of these rights before you see the judge or during the court proceedings.
Arraignment
The first step in the judicial process for criminal matters is an arraignment. At the arraignment you will be advised of the charge(s) brought against you. You will be advised of the time, date, and location where the alleged violation(s) happened. You may enter a plea of guilty, not guilty or no contest to the charges at this time.
You can advise the court at this time of your intent to obtain counsel from an attorney. You may also request appointment of an attorney to represent you at this time. If you want to have an attorney appointed to represent you, you must understand the requirements on the court in order for it to make that appointment. You must not be able to afford your own attorney; also, a potential jail time consequence must be statutorily available for the violation that you are accused of.
If an attorney is appointed to represent you, you may be required to repay some or all of the cost of the attorney if you are convicted of the offense against you. If you believe that you will qualify for a court appointed attorney and would like to ask the court to appoint one, you must ask the Judge during your arraignment.
If you plead not guilty, your case will be set for a pretrial conference. If you plead guilty or no contest, you may be sentenced immediately or you can ask the court to delay sentencing for at least two days.
Pre-trial Conference
At the pre-trial conference, you will have the opportunity to discuss your case with the prosecutor. You are not required to discuss your case with the prosecutor; however, it is an opportunity to tell your side of the events. The prosecutor may offer to reduce the charge(s) in exchange for your guilty or no contest plea ("plea bargain"). The prosecutor is not obligated to plea bargain and you have no right to a plea bargain. You are not required to accept any offer made by the prosecutor. The court will not reduce the charge against you on its own motion. The Court may deny any plea bargain offered. If you and the prosecutor are unable to resolve your case at the pretrial conference or if the Judge rejects the plea bargain, your case will be set for a jury or bench trial.
Trial Procedures
In a bench trial, the court will hear the evidence presented by both sides. The Judge will decide whether you are guilty or not guilty. In a jury trial, a panel of four jurors will hear your case, and then decide whether you are guilty or not guilty. You have a right to a jury trial if you can be jailed as a consequence of being found guilty of the charge(s). Non-lawyers who desire a jury trial are encouraged to 1) get an attorney or 2) study the applicable rules, laws and codes governing jury trials. You can jeopardize your rights or liberty if you do not follow the rules.
Since the prosecution has the burden of proof to prove their cases beyond a reasonable doubt, they have the first opportunity to speak to the court. This is called an opening statement. After the prosecution has made its opening statement the defense then has the option to make an opening statement or to wait until the beginning of their turn to present evidence and witnesses.
The opening statement is an opportunity to describe the types of evidence that will be presented and what you hope the evidence will mean to the Judge or the jury. Neither side is required to make an opening statement.
After opening statements, the prosecution presents it's "case-in-chief." The prosecutor will offer evidence to prove that a crime was committed and that you committed the crime. After the prosecution is done you will have the opportunity to present your evidence. Either side may present witnesses or submit documents (subject to the Utah Rules of Evidence and the Utah Rules of Criminal Procedure).
After you finish presenting your argument, both sides will have the opportunity to rebut the other side. This is done by presenting additional evidence or testimony. The prosecutor will go first and the defense will follow; after each side is done, closing arguments are made.
Closing arguments are an opportunity for both sides to explain to the court why their arguments are right; again, the prosecution will go first and the defense will follow. The prosecution will have the chance to finish with a closing argument. The case is then submitted to the court or the jury for a determination as to guilt. If you are found not guilty, then you are free to go and the proceedings will end.
If you are found guilty, sentencing can be delayed for at least two days and may be delayed for as many as forty-five days. In most cases you may waive this right and hear your sentence immediately. The court may order that you take a blood test or report for a pre-sentence evaluation. If the court orders, you will be required to report to an specific agency. It is important for you to comply with the instructions of the court; failure to comply with the court's order may result in a warrant being issued for your arrest.
The following table shows the range of penalties which the court may impose:
Class B Misdemeanor | 0 - 180 days | $0-1,940.00 |
Class C Misdemeanor | 0 - 90 days | $0-1052.50 |
Infractions | 0 days | $0-1052.50 |
In addition to the base fine, the State requires those convicted of certain crimes to pay a surcharge of either 35% or 90% of the base fine depending on the crime. Certain offenses require that a $40.00 court security fee be imposed. The court can explain the base fine, surcharge, court Security fee associated with any fine imposed by the court.
You may also receive probation from the court. If the court imposes probation, the court will explain each of the terms and conditions of your probation to you.
You must fully comply and complete each term of probation.
Failure to complete the terms of probation can result in the revocation of your probation.