Terms Used In Utah Code > Title 77 > Chapter 11c - Retention of Evidence

• Acquitted: means the same as that term is defined in Section 77-11b-101. See Utah Code 77-11c-101
• Adjudicated: means that:

  (a)	(i)  a judgment of conviction by plea or verdict of an offense has been entered by a court; and (ii)  a sentence has been imposed by the court; or

  (b)

  a judgment has been entered for an adjudication of an offense by a juvenile court under Section 80-6-701. See Utah Code 77-11c-101 Adjudication: means : (a)  a judgment of conviction by plea or verdict of an offense; or (b)  an adjudication for an offense by a juvenile court under Section 80-6-701. See Utah Code 77-11c-101 Affected person: means : (a)  a person who is a record interest holder of the real property that is the subject of a recorded nonconsensual common law document; or (b)  the person against whom a recorded nonconsensual common law document purports to reflect or establish a claim or obligation. See Utah Code 38-9-102 Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. Agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101 Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal. Appellate court: means the Utah Court of Appeals, the Utah Supreme Court, or the United States Supreme Court. See Utah Code 77-11c-101 Arrest: Taking physical custody of a person by lawful authority. Biological evidence: includes : (i)  material that is catalogued separately, including: (A)  on a slide or swab; or (B)  inside a test tube, if the evidentiary sample that previously was inside the test tube has been consumed by testing; (ii)  material that is present on other evidence, including clothing, a ligature, bedding, a drinking cup, a cigarette, or a weapon, from which a DNA profile may be obtained; (iii)  the contents of a sexual assault examination kit; and (iv)  for a violent felony offense, material described in this Subsection (6) that is in the custody of an evidence collecting or retaining entity on May 4, 2022. See Utah Code 77-11c-101 Claimant: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Computer: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101 Continuous chain of custody: means : (a)  for a law enforcement agency or a court, that legal standards regarding a continuous chain of custody are maintained; and (b)  for an entity that is not a law enforcement agency or a court, that the entity maintains a record in accordance with legal standards required of the entity. See Utah Code 77-11c-101 Contraband: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101 Controlled substance: means the same as that term is defined in Section 58-37-2. See Utah Code 77-11c-101 Conviction: A judgement of guilt against a criminal defendant. Court: means a municipal, county, or state court. See Utah Code 77-11c-101 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. 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: DNA: means deoxyribonucleic acid. See Utah Code 77-11c-101 DNA profile: means a unique identifier of an individual derived from DNA. See Utah Code 77-11c-101 Document sponsor: means a person who, personally or through a designee, signs or submits for recording a document that is, or is alleged to be, a nonconsensual common law document. See Utah Code 38-9-102 Drug paraphernalia: means the same as that term is defined in Section 58-37a-3. See Utah Code 77-11c-101 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Evidence: means property, contraband, or an item or substance that: (a)  is seized or collected as part of an investigation or prosecution of an offense; and (b)  may reasonably be used to incriminate or exculpate an individual for an offense. See Utah Code 77-11c-101 Evidence collecting or retaining entity: includes : (i)  a medical or forensic entity; (ii)  a law enforcement agency; (iii)  a court; and (iv)  an official, employee, or agent of an entity or agency described in this Subsection (17). See Utah Code 77-11c-101 Exhibit: means property, contraband, or an item or substance that is admitted into evidence for a court proceeding. See Utah Code 77-11c-101 In custody: means an individual who: (a)  is incarcerated, civilly committed, on parole, or on probation; or (b)  is required to register under Title 77, Chapter 41, Sex and Kidnap Offender Registry. See Utah Code 77-11c-101 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. Law enforcement agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101 Medical or forensic entity: means a private or public hospital, medical facility, or other entity that secures biological evidence or conducts forensic examinations related to criminal investigations. See Utah Code 77-11c-101 Nonconsensual common law document: means a document that is submitted to a county recorder's office for recording against public official property that: (a)  purports to create a lien or encumbrance on or a notice of interest in the real property; (b)  at the time the document is recorded, is not: (i)  expressly authorized by this chapter or a state or federal statute; (ii)  authorized by or contained in an order or judgment of a court of competent jurisdiction; or (iii)  signed by or expressly authorized by a document signed by the owner of the real property; and (c)  is submitted in relation to the public official's status or capacity as a public official. See Utah Code 38-9-102 Person: means :Utah Code 68-3-12.5 Physical evidence: includes evidence that: (a)  is related to: (i)  an investigation; (ii)  an arrest; or (iii)  a prosecution that resulted in a judgment of conviction; and (b)  is in the actual or constructive possession of a law enforcement agency or a court or an agent of a law enforcement agency or a court. See Utah Code 77-11c-101 Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Property: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101 Prosecuting attorney: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101 Public defender: Represent defendants who can't afford an attorney in criminal matters. 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 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. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5 Verdict: The decision of a petit jury or a judge. Violent felony offense: means the same as the term "violent felony" is defined in Section 76-3-203. See Utah Code 77-11c-101 Wildlife: means the same as that term is defined in Section 23-13-2. See Utah Code 77-11c-101