Utah Code 77-17-8. Mistake in charging offense — Procedure — Witnesses
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(1) If, at any time before verdict or judgment, a mistake is made in charging the proper offense, and there is probable cause to believe that the defendant is chargeable with another offense, the court may:
Terms Used In Utah Code 77-17-8
- 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.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Verdict: The decision of a petit jury or a judge.
(1)(a) release the individual on the individual’s own recognizance, as defined in Section 77-20-102, during the time the individual awaits trial or other resolution of criminal charges;
(1)(b) designate a condition, or a combination of conditions, described in Subsection 77-20-205(4), to be imposed upon the individual’s release during the time the individual awaits trial or other resolution of criminal charges; or
(1)(c) order the individual be detained during the time the individual awaits trial or other resolution of criminal charges.
(2) A court may require a witness to post monetary bail, as defined in Section 77-20-102, to ensure that the witness appears in court.