What is criminal procedure?
Criminal procedure is the set of established rules and guidelines that courts must follow when handling criminal cases. In Utah, criminal procedure covers a range of topics from the start of a criminal investigation, to pretrial motions, to the trial itself, and finally the appeal process if necessary. At the start of a criminal investigation, police officers must follow certain procedures in order to comply with the Fourth Amendment of the Constitution. This amendment grants protection against unreasonable search and seizure, and requires officers to obtain a warrant for any search or arrest. Once a suspect is arrested, he or she will have to go through the pretrial process. This could involve a bond hearing, a preliminary hearing, or even plea bargaining. During these hearings, the court will determine if the suspect should remain in custody, and whether or not the case should proceed to trial. If the case does move to trial, both the prosecution and the defense will present their respective cases and witnesses. The judge or jury will then deliver a verdict, and the sentence will be handed down. If the defendant is found guilty, he or she may appeal the case in a higher court. Criminal procedure is a complex set of rules that courts must follow when handling criminal cases. Understanding these various procedures is essential for anyone who plans on handling criminal charges in Utah.
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