Criminal Division

The City Attorney’s Office prosecutes certain crimes committed in Provo in the Provo Justice Court and the 4th District Court. Prosecutors work with various police agencies, victims, witnesses, defendants, attorneys, and others to resolve cases in the interests of justice. Prosecutors screen cases and decide what charges to file. They participate in hearings, pre-trials, trials, and appeals and as appropriate seek restitution, rehabilitation, fines, and jail time for those found guilty.

The City Attorney’s Office prosecutes infractions and Class B and C misdemeanor cases (those for which the penalty is up to six months in jail and/or a $1,000 fine). Cases with larger penalties (felonies and Class A misdemeanors) are prosecuted by the Utah County Attorney’s Office. Criminal cases prosecuted by the City Attorney’s Office may involve some or all of the basic stages summarized below. (Note that at any point in this process, if a defendant fails to appear for a court hearing, the judge may issue a warrant for the defendant’s arrest.)

• Crime. Criminal cases begin with a reported crime.
• Investigation. The Provo Police Department or another law enforcement agency investigates the crime and issues a citation or provides an investigative report to the City Attorney’s Office. Prosecutors review the report and decide what charges, if any, to file.
• Arraignment. Once charges are filed, a defendant is required to appear in court before a judge. The charges are read to the defendant, who then enters a guilty, no contest, or not guilty plea with the court. If the defendant enters a guilty or no contest plea, the judge moves to the sentencing stage.
• Pre-Trial Hearing. If the defendant enters a not guilty plea, the judge will set a date for a pre-trial hearing. At a pre-trial hearing, the defendant (or the defendant’s attorney) discusses the case with a prosecutor and they either resolve the case or set it for trial.
• Trial. At trial, the facts of the case are presented to either a judge or a jury. The judge or jury considers the evidence and announces a verdict of guilty or not guilty.
• Sentencing. If the defendant is found guilty, the judge may issue a sentence immediately after the trial or may set sentencing for a later date. A sentence may include a fine and/or time in the Utah County Jail.
• Appeal. Sometimes the defendant or the City may appeal a decision of the court. When this happens, the Division represents the City before the appellate courts.