As used in this chapter:

(1)  “Commencement of prosecution” means the filing of an information or an indictment.

Terms Used In Utah Code 77-2-2

  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
(2)  “Diversion” means suspending criminal proceedings before conviction on the condition that a defendant agree to:

(a)  participate in a rehabilitation program;

(b)  pay restitution to a victim; or

(c)  fulfill some other condition.

(3)  “Restitution” means the same as that term is defined in Section 77-38b-102.

(4)  “Screening” means the process used by a prosecuting attorney to:

(a)  terminate an investigative action;

(b)  proceed with prosecution;

(c)  move to dismiss a prosecution that has been commenced; or

(d)  cause a prosecution to be diverted.

Amended by Chapter 260, 2021 General Session