Utah Presumption of Innocence-Closing is a legal principle that applies in criminal cases in the state of Utah. It states that a person is presumed innocent until proven guilty beyond a reasonable doubt. This means that the prosecution must prove every element of the crime beyond a reasonable doubt in order for a defendant to be found guilty. There are two types of closing arguments used in Utah: Direct Closing and Rebuttal Closing. Direct Closing is the initial argument made by the prosecution in order to prove the elements of the crime beyond a reasonable doubt. Rebuttal Closing is an argument made by the defense in order to refute the prosecution's evidence or arguments. Both closing arguments are important in determining the outcome of a criminal case.
Utah Presumption of Innocence-Closing.
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(a)(1) A person arrested and delivered to a correctional facility without a warrant for an offense must be presented without unnecessary delay before a magistrate for the determination of probable cause and eligibility for pretrial release pursuant to Utah Code § 77-20-1.
All Utah criminal infractions must be prosecuted within 1 year or the statute of limitations bars the public prosecution. See Utah Code Ann. 76-1-302 (2017).
At any time prior to the imposition of sentence, the court upon its own initiative may, or upon motion of a defendant shall, arrest judgment if the facts proved or admitted do not constitute a public offense, or the defendant is mentally ill, or there is other good cause for the arrest of judgment.
Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability.
(c)(1) A search warrant shall not issue except upon probable cause, supported by oath or affirmation, and shall particularly describe the person or place to be searched and the person, property, or evidence to be seized.
No person shall be convicted unless by verdict of a jury, or upon a plea of guilty or no contest, or upon a judgment of a court when trial by jury has been waived or, in case of an infraction, upon a judgment by a magistrate.
Rule 25 - Dismissal Without Trial (a) In its discretion, for substantial cause and in furtherance of justice, the court may, either on its own initiative or upon application of either party, order an information or indictment dismissed.
Upon the entry of a plea or verdict of guilty or plea of no contest, the court must set a time for imposing sentence which shall be not less than 2 nor more than 45 days after the verdict or plea, unless the court, with the concurrence of the defendant, otherwise orders.