Understanding Court Language re. Trial

Posted by Stone River Criminal Defense Team

Last Updated: January 21, 2025

Courts sometimes use language that you may not be familiar with. More important, sometimes courts use language that does not accurately reflect or fully explain the law. Here is an example taken from a website hosted by one of Utah’s local justice courts relating to trials in misdemeanor cases. Language from the Court’s Website: “A […]
attorney meeting with client at desk

Courts sometimes use language that you may not be familiar with. More important, sometimes courts use language that does not accurately reflect or fully explain the law. Here is an example taken from a website hosted by one of Utah’s local justice courts relating to trials in misdemeanor cases.

Language from the Court’s Website: “A trial is the time for each side in a court case to present their own explanation.”

A More Complete/Correct Explanation

Prosecution’s Burden of Proof

Whether a trial is heard by a jury or just a judge (a bench trial), the burden of proof is on the prosecution. This means that the prosecution team must present evidence of each element of the charges filed in the case. The prosecutor must prove the case, meaning that in a jury trial the prosecutor must persuade the jury, unanimously and beyond a reasonable doubt, that the defendant had the required mental intent and committed every physical act required to constitute the crime charged.

Defendant’s Right to Remain Silent

The defendant has no obligation to provide an “explanation” of anything at trial. Under our Constitution, a defendant is not required to testify, to present other witnesses or evidence, or to make any other statement at trial. If the prosecution cannot meet its burden of proving the case beyond a reasonable doubt, then a verdict of not guilty should be returned.

Jury Trial in Misdemeanor Cases

Justice courts in Utah are restricted to holding trials only on class B misdemeanor charges or lower. Appellate courts have interpreted the constitutional right to trial by jury as applying only to “non-petty” charges, This has been further interpreted as meaning only charges punishable by more than six months jail or prison. A class B misdemeanor in Utah is punishable by a maximum of 180 days jail, which is just a couple of days short of a full six months. Constitutionally, it is considered a petty offense that does not trigger the Constitution’s jury trial right. However, Utah law still guarantees the right to trial by jury in class B and class C misdemeanor cases, if a jury request is properly submitted to the the court.

Rule 17 of the Utah Rules of Criminal Procedure provides that a defendant may demand a trial by jury for misdemeanor charges by filing a written demand for a jury no later than 14 days prior to trial. For practical purposes, it is generally best to file a written jury demand immediately upon appearing on a criminal case.

Legal Advice in Criminal Cases

Even misdemeanor charges can carry serious consequences. If you are facing criminal charges, consultation with an experienced criminal defense attorney is always recommended.

Originally Published: January 21, 2025

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