COVID Archives - Utah Criminal Defense Attorneys

Status of Courts with the Lifting of Covid Restrictions

info@utahwebdesignpros.com — Thu, 15 Jul 2021 18:04:39 +0000

Nearly everyone I know is so grateful Covid-19 restrictions are starting to lift. I know I am certainly ready for life to get back to some semblance of normal. I personally, am a people person and enjoy social activities and interactions. Now that COVID-19 restrictions are being removed, how does this impact how cases are handled in the courts? Are hearings in person? Is the backlog we were experiencing being addressed? In looking at www.utcourts.gov, it is stated that as of June 3, 2021, all counties have moved to the yellow phase of court operations. In moving to the yellow phase, each individual court and county have flexibility in determining how to resume in-court proceedings.

Under the yellow phase, District and Justice court may begin conducting in-person civil and criminal jury trials, as long as they have as their pandemic risk response plan has been approved by the Management Committee. In all civil and criminal jury trials, the Defendant has the right, should be chosen to do so, to appear by video conferencing if they have an effective ability to participate, have meaningful interaction with counsel, and the ability to be able to view witnesses and trial participants. In my experience, the hearings I have attended by video conferencing have been conducted via WebEx. The Judge’s clerk sends an invite through email.

Now that jury trials are being scheduled, it is anticipated that many Utahns will receive notices that they have been called for jury duty. Judges are anticipating their calendars will be very full with trials this year in the hope of clearing their calendars from the backlog that was created when everything was put on hold due to COVID-19 last year. Typically, there are approximately 1200 trials held in Utah each year – 350 of which generally involve a jury trial. I understand that the use of federal COVID-19 relief funds has been approved to bring Judges out of retirement to help address the backlog.

Now that Utah is getting the legal system back on track, trials, hearings, and other judicial matters will start happening, and cases will move forward.

Criminal Hearings and the Courts During COVID-19

info@utahwebdesignpros.com — Thu, 16 Jul 2020 20:01:49 +0000

Did you know the Utah State Court has an informative website where you can find information on civil and criminal cases, self-help forms, contact information for the court, and many other helpful sources? The website if www.utcourts.gov. I recently spent some time on this website to look closer at how the courts handle criminal procedures in light of COVID-19. When going to the website and inquiring about this, I was directed to the Court’s Alerts and Information Page. I found a standing Order for the Salt Lake Justice Court which highlighted the following about In-Custody Defendants and Out-of-Custody Defendants:

In-custody Defendants. The court will continue to perform all mission-critical functions for in-custody defendants, including, but not limited to:

• Probable cause review of warrantless arrests,

• Bail hearings,

• Bench warrant hearings,

• Arraignments,

• Appearances mandated by statute, and

• Sentencing hearings.

During the red phase, all hearings set for in-custody defendants will be re-set on video-conferencing calendars to minimize the risk to vulnerable populations, meaning all transports during that period are canceled. The parties are directed to immediately inform the court if this court is holding any in-custody defendants so the court can reconsider the defendant’s custody status. This process intends to supplement the court’s ongoing review of its records of in-custody defendants.

Out-of-custody Defendants. • Exigent Circumstances Hearings. All exigent circumstances hearings that cannot be accommodated by teleconference or video-conference will be handled in-person on Wednesday mornings at 8:30 a.m. in Courtroom 1. No other in-person hearings will be conducted in the red phase. • Arraignments. i. Traffic. Defendants who are issued a traffic citation during the red phase are ordered to pay or schedule an arraignment within 14 days of the date of the citation using this link:

https://doodle.com/mm/saltlakejusticecourtarraignments/bookablecalendar.

You may pay by mail, in person, or visit our website at www.slcgov.com/courts. ii. Misdemeanor/Criminal. Defendants who are issued a misdemeanor/criminal citation during the red phase are ordered to schedule an arraignment within 14 days of the date of the citation using this link: https://doodle.com/mm/saltlakejusticecourtarraignments/bookablecalendar.

This is simply a small excerpt from the court’s website. However, I encourage you to go in and explore it for yourself. You will be able to find out how to attend a Court hearing remotely, view the FAQ section, find out how to file documents and pay fines, and view the color-coded Court map.

Have you been Arrested for a DUI During COVID?

info@utahwebdesignpros.com — Sat, 11 Jul 2020 17:42:54 +0000

We wondered what would happen if someone got arrested for a DUI in Utah during the COVID-19 emergency. With courts shutting down, it may be scary to be arrested and find yourself in jail indefinitely. It may be scary to think if you may be exposed to coronavirus while residing in your cell for so long. There is not much information out there, and the courts are nearly impossible to reach at this time.
The situation was clarified somewhat by the Utah Supreme Court when it issued an emergency order, ordering all state courts to cease most court hearings and instead to do necessary hearings remotely by telephone and video unless impossible.
Happily, there is some relief for those arrested for DUI in this crisis. The Utah Supreme Court took into account the uncomfortable reality that is people still being detained during this time and created a new process to keep as many people out of jail as possible. Here is how it works:
When you or someone you know is cited with a DUI, the arresting officer may either put the DUI driver in jail pending a hearing or let them go home, pending a hearing. What happens next in your Utah DUI case depends on what the officer did as far as this decision.
If the officer lets the DUI driver go home after his or her arrest for driving under the influence, the driver’s arraignment or first appearance may be deferred until a date 45 days after the filing of charges. The court may still do the hearing before that by phone or video, but the driver should not physically walk into a courthouse before then. Each court is different, so an attorney should be contacted right away to determine what to do.
Suppose the officer takes the driver into custody after the arrest for driving under the influence. In that case, the court will hold the driver’s arraignment or first appearance the next normal court day after the arrest, usually a weekday, except in Salt Lake City, where there is often Saturday court. At attorney should still be contacted immediately to argue to get the driver out of jail. A skilled Salt Lake City DUI attorney can argue that the courts have been ordered to consider the current Covid-19 emergency to be a factor that favors the release of the driver from jail. This is especially so if the driver is part of a vulnerable or high-risk group, as defined by the Centers for Disease Control.
Please also remember, and this is important, that the Utah Division of Motor Vehicles (DMV) only gives a driver seven days to request a hearing regarding the suspension of their driver’s license after a DUI arrest. For this reason, it is imperative to contact a Salt Lake City DUI attorney immediately upon arrest or release from jail.
If you are unsure of your Utah DUI arrest status, call our experienced legal team today, and we will help guide you through the process during these confusing times. Call us, and we will be there for you.