Defendant moves the court to quash the indictment against him/her. Defendant argues that the indictment fails to supply required information, and the indictment is also vague and ambiguous and does not apprise the defendant of the charge against him/her with sufficient specificity to permit adequate preparation of a defense.
Utah Motion to Quash Indictment
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If a defendant files a motion to quash a bind-over order, the motion shall be decided by the judge assigned to the case after bind-over, regardless of whether the judge conducted the preliminary examination in the judge's role as a magistrate.
(b) Probable cause determination. If from the evidence the magistrate finds probable cause to believe that the crime charged has been committed and that the defendant has committed it, the magistrate must order that the defendant be bound over for trial.
For most Utah felony charges, a prosecution case must be filed within four years of when it is committed. If charges are not filed within the limitation period, future prosecution can be forever prohibited. But there are a number of exceptions to this four-year statute of limitations for more serious felony charges.
Upon motion by a party, the court may permit the party to make such showing, in whole or in part, in the form of a written statement to be inspected by the judge alone.
Post-Arrest Jail Time in Utah Once you have been booked, the prosecutor will have 72 hours before deciding whether or not file charges against you.
Under Utah's laws, class B misdemeanors are punishable by up to six months in jail and a $1,000 fine. Criminal trespass, assault, petty theft, and cyberharassment are class B misdemeanors in Utah.
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.
Under rule 25 of the Utah Rules of Civil Procedure, a suggestion of death filed by the deceased defendant's law firm triggers the ninety-day time period during which plaintiff must file a motion for substitution.
