§ 77-1-6. Rights of defendant.  


Latest version.
  • (1) In criminal prosecutions the defendant is entitled:
    (a) To appear in person and defend in person or by counsel;
    (b) To receive a copy of the accusation filed against him;
    (c) To testify in his own behalf;
    (d) To be confronted by the witnesses against him;
    (e) To have compulsory process to insure the attendance of witnesses in his behalf;
    (f) To a speedy public trial by an impartial jury of the county or district where the offense is alleged to have been committed;
    (g) To the right of appeal in all cases; and
    (h) To be admitted to bail in accordance with provisions of law, or be entitled to a trial within 30 days after arraignment if unable to post bail and if the business of the court permits.
    (2) In addition:
    (a) No person shall be put twice in jeopardy for the same offense;
    (b) No accused person shall, before final judgment, be compelled to advance money or fees to secure rights guaranteed by the Constitution or the laws of Utah, or to pay the costs of those rights when received;
    (c) No person shall be compelled to give evidence against himself;
    (d) A wife shall not be compelled to testify against her husband nor a husband against his wife; and
    (e) No person shall be convicted unless by verdict of a jury, or upon a plea of guilty or no contest, or upon a judgment of a court when trial by jury has been waived or, in case of an infraction, upon a judgment by a magistrate.
Enacted by Chapter 15, 1980 General Session