Utah Code 77-1-7. Dismissal without trial — Custody or discharge of defendant

(1)

Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
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.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(a)

Further prosecution for an offense is not barred if the court dismisses an information or indictment based on the ground:

(i)	there was unreasonable delay;

(ii)	the court is without jurisdiction;

(iii)

the offense was not properly alleged in the information or indictment; or

(iv)	there was a defect in the impaneling or the proceedings relating to the grand jury.

(b)	The court may make orders regarding custody of the defendant pending the filing of new charges as the interest of justice may require. Otherwise, the defendant shall be discharged and bail exonerated.

(2)	An order of dismissal based upon unconstitutional delay in bringing the defendant to trial or upon the statute of limitations is a bar to any other prosecution for the offense charged.

Enacted by Chapter 7, 1990 General Session