Utah Code 17-18a-402. Pretrial responsibilities

(1)

Arrest: Taking physical custody of a person by lawful authority.
Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
Person: means :Utah Code 68-3-12.5
Probable cause: A reasonable ground for belief that the offender violated a specific law.
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Statute: A law passed by a legislature.
Subpoena: A command to a witness to appear and give testimony.

(a)

A public prosecutor shall:

(i)

institute proceedings before the proper court:

(A)	for the arrest of a person charged with a public offense; or

(B)	if the prosecutor has probable cause to believe that a public offense has been committed and a grand jury has been convened by a court;

(ii)

draw all indictments and information for offenses against:

(A)	the laws of the state occurring within the county; and

(B)	the criminal ordinances of the county;

(iii)

cause all persons under indictment or informed against to be speedily arraigned for crimes charged; and

(iv)	issue subpoenas for all witnesses for the state or for the county in the prosecution of a criminal ordinance.

(b)

A public prosecutor described in Subsection (1)(a)(i)(B) shall:

(i)	assist and attend the deliberations of the grand jury; and

(ii)	prepare all necessary indictments and arrange for the subpoena of witnesses to appear before the grand jury.

(2)

The public prosecutor may:

(a)	examine as to the sufficiency of an appearance bond that may be tendered to the court; and

(b)

upon a court order:

(i)	institute proceedings for the recovery upon forfeiture of a bond running to the state or county; and

(ii)	enforce the collection of a bond described in Subsection (2)(b)(i).

(3)	The public prosecutor is authorized to grant transactional immunity to a witness for violation of a state statute or county criminal ordinance.

Enacted by Chapter 237, 2013 General Session