A. Victim Impact Statements are an important part of the Court’s consideration for sentencing. A Victim Impact Statement provides an opportunity for your voice to be heard by our criminal justice system. When completed, it is an important document that describes how the crime has affected you and your loved ones, and provides input into how the court can best hold the offender accountable for the harm caused.
As a crime victim, you have the opportunity to use this Victim Impact Statement to describe how this crime affected you and others close to you. This statement has space for you to:
- Describe the crime
- Describe its physical, emotional, and financial effects on you and your loved ones
- Discuss and concerns you may have about your safety and security
- Address any changes in your life you may have experienced since the crime occurred
- Offer suggestions for a resolution that is fair
- Provide information that assist in the Court in making the offender take responsibility for actions that caused you harm and loss
Your Victim Impact Statement will help the Court understand how this crime has affected you and those close to you. Whether you fill out the Victim Impact Statement or not, you have the right to speak to the Court at sentencing. If you would like to do so, please contact our office so we can assist you with your statement to the Court. Please contact your victim advocate for more information and/or assistance on preparing a Victim Impact Statement.
A. If you are a victim of crime involving violence or resulting in personal injury, you may be able to receive financial help from the Utah Crime Victim Reparations Fund. This program can pay you back for certain out-of-pocket expenses for physical or emotional injuries received as a direct result of a crime. These expenses may include: medical bills, counseling costs, funeral expenses, lost wages, and support. This is not the same as restitution. You may be able to receive money to help you with some of your medical bills even before you go to court. You can file for benefits immediately following the crime even if no arrest has been made. For more information and to fill out an online application, please go to crimevictim.utah.gov
*Keep in mind, UOVC will review your application and either approve or deny your claim. For a full list of crimes UOVC will consider for approval see their website. They do not approve cases involving identity theft, property crimes or ‘hit and runs’.
A. As a victim of a crime, you have the right to attend hearings though your attendance is not generally required. If you would like to attend court your victim advocate is more than happy to come with you as additional support, please contact your advocate if you would like them to come to court with you. For further assistance or information, contact your victim advocate.
If you attend court in person, please be mindful and remove hats and silence cellular phones prior to entering the Courtroom. Appropriate dress is also required. Some things not to wear would include shorts, hats, halter or tube tops, see-through tops, flip flops, clothes that expose your midriff or underwear, clothes with an emblem or words that promote illegal or inappropriate activity, clothes that show or promote violence, sex acts, illegal drug use, or profanity. Please note Court staff can, and will most likely, ask you to leave the Courtroom for inappropriate dress or behavior.
Your attendance is required if your testimony is needed in a court proceeding. However, your victim advocate will be in communication with you if this is needed and you will receive a subpoena from the Washington County Attorney’s Office.
A. In the State of Utah when Law Enforcement is called, by you or another, they will respond and assess the situation. They will determine if an arrest is needed to be made or not. In cases involving Domestic Violence the primary aggressor will typically be arrested. After Law Enforcement writes their report and sends it to the appropriate prosecuting agency, prosecutors will review the case and charge it appropriately. It is the State of Utah who has pressed charges, not you as an alleged victim. If you are no longer wanting to pursue charges, the prosecutor will take everything into consideration but it is up to the prosecutor if charges formally get dismissed.
A. Your victim advocate will provide updates following each court hearing and to update you on any other necessary information through the court proceedings. They will contact you either via phone call, text message or email. If you are not receiving these updates, or would like additional information, please do not hesitate to contact our office and speak with your assigned advocate or the prosecutor assigned to the case.
A. This is where either defense or prosecutor can ask for more time. Typically, this is requested by the defense. Every continuance is different depending on the case. It is not uncommon for a case to have several continuances throughout the process. If you would like to know why a continuance is being requested, please reach out to your advocate.
A. There is no set time frame for how long a case will be open for. Depending on the charges, the defendant and the circumstances some cases can resolve within a few weeks where others can be open for several years.
A. Initial Appearance: This is the first appearance in front of the court.
Waiver Hearing: This hearing allows the defendant to determine whether they want a preliminary hearing or not. The defendant may schedule a preliminary hearing or they may waive their right to a preliminary hearing. These hearings are often treated as a status review and may be continued multiple times prior to this decision being made.
Preliminary Hearing: This hearing is where the State (the prosecutor) presents evidence that supports the charges against the defendant, the Judge will determine if there is enough evidence to be bound over on the charges. If a case is bound over, that means that the case will continue to progress towards trial.
Arraignment: During this hearing the Judge formally reads the charges to the defendant and the defendant enters pleas of guilty, no contest, or not guilty on the record.
Review Hearing: There potentially will be several review hearings, this is to review the status of the case. These hearing types are typically scheduled after a preliminary hearing, before a trial is scheduled.
Pretrial or Final Pretrial: To determine if the parties are prepared for trial or resolution. These hearings will be scheduled when a trial date has been set.
Jury Trial: At jury trial, the State and the Defense will present all of their evidence and witnesses in open court. The trial is run by the Judge, but the verdict will be rendered by a jury. The jury will determine whether the defendant has been proven guilty beyond a reasonable doubt.
Bench Trial: At a bench trial, the State and the Defense will present all of their evidence and witnesses in court. The trial is run by the Judge and the verdict is also rendered by the Judge. The Judge will determine whether the defendant has been proven guilty beyond a reasonable doubt.
Resolution Hearing: A resolution hearing is typically scheduled when a plea agreement has been reached. This is the hearing where the defendant would have the opportunity to change their plea and may also be sentenced.
Sentencing: The Judge determines, using a pre-sentence investigation (if applicable), a victim impact statement along with arguments from defense and prosecution the appropriate ramifications for the defendant. A sentence may include prison, jail, probation, and/or fines. The judge will announce the terms of the sentence at this hearing.
Order to Show Cause: This hearing takes place when there is a violation of the terms of sentencing/probation. This may result in the imposition of additional sanctions if the violations are proven.
A. Our County Jail is Purgatory Correctional Facility located in Hurricane, Utah. Jail is a set amount of time determined by the Judge. A defendant may not be sentenced to serve more than 364 days in jail for any charge. The Utah State Prison has two locations, one in Gunnison, Utah and one in Tooele, Utah. Once a defendant has been sentenced the Judge will set an indeterminate sentence. The Board of Pardons will ultimately determine how much time of the indeterminate sentence the defendant serves.
A. The Victim Coordinators in this office can help you obtain a pretrial protective order. A Pretrial protective order is a criminal protective order that lasts the length of the criminal case. The State will request the pretrial protective order, at this time, the Judge will determine if it is granted or not. If the order has been granted, we will file the order & the court will enter the pretrial protective order into NCIC (National Crime Information Center). By entering the protective order in this database, this will allow Law Enforcement to see and help enforce this order. If you are seeking a Child Protective Order, please reach out to the Children’s Justice Center.
*For a civil protective order or civil stalking injunction please work with your local police department victim advocate or go to https://www.utcourts.gov/en/self-help/categories/protect-order.html
THE WASHINGTON COUNTY ATTORNEY’S OFFICE CANNOT ASSIST OR ADVISE WITH CIVIL ORDERS OF PROTECTION.
A. Plea agreements are a valuable tool in the criminal justice system. Plea agreements offer more certainty in the process. The trial process is not perfect and introduces significant uncertainty. After a jury trial, defendant’s often appeal the decision of the jury. The appeal process may take years to resolve. A successful appeal may result in the case being sent back for another trial.
By entering a plea agreement, a defendant waives certain rights. This includes the waiver of the right to appeal their conviction. When a defendant enters a plea agreement, the terms may be spelled out in whole or in part. The plea agreement guarantees a conviction and allows for more finality and certainty in the sentence.
Plea agreements allow victims of crimes to move forward and heal from the trauma that they have suffered.
If you have specific questions about a plea agreement (if any) in the case in which you are the victim, please do not hesitate to contact our office.
