What is the Legal Authority to Prosecute?
Legal authority to prosecute, known as jurisdiction, is the court’s power to make decisions in a particular case. There are two main types: personal jurisdiction and subject matter jurisdiction.
Personal Jurisdiction means a court has authority over you as an individual. In simple terms, it means that the court has legal power over you. For most people, this happens when they are put on notice, such as when a police officer gives them a ticket, or when they are arrested or served with a court summons.
Subject Matter Jurisdiction is the court’s authority to decide on a specific type of case. For example, in Utah, a justice court can handle misdemeanors but does not have authority over felony cases. A court might have personal jurisdiction over a person, but if the crime is outside the type of cases that court can decide on, it lacks subject matter jurisdiction.
Important Difference: Personal jurisdiction can be waived—meaning you can allow a court to have authority over you. However, subject matter jurisdiction cannot be waived. If a court does not have the authority to hear a certain type of case, it cannot gain that authority just because you agree to it.
What About Extradition?
If you commit a crime in Nevada and then return to Utah, a Utah court might be able to get personal jurisdiction by having you arrested. However, it still would not have subject matter jurisdiction because you did not break a Utah law. In these situations, Utah may send you back to Nevada through a process called extradition, allowing you to face charges in the appropriate state that has the right authority.
Have Questions About Legal Authority?
Understanding jurisdiction can be complicated, and every case is unique. If you have questions about your situation, contact us to schedule a consultation. Our team is here to help guide you through the legal process and ensure that you understand your rights.