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Utah · Through 2026 General Session

Utah Code § 77-1-7: Dismissal without trial -- Custody or discharge of defendant.

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Where this section sits in the code
  1. Title 77 Criminal Procedure
  2. Chapter 77-1 Preliminary Provisions

(1)

(a) Further prosecution for an offense is not barred if the court dismisses an information or indictment based on the ground:

(i) there was unreasonable delay;

(ii) the court is without jurisdiction;

(iii) the offense was not properly alleged in the information or indictment; or

(iv) there was a defect in the impaneling or the proceedings relating to the grand jury.

(b) The court may make orders regarding custody of the defendant pending the filing of new charges as the interest of justice may require. Otherwise, the defendant shall be discharged and bail exonerated.

(2) An order of dismissal based upon unconstitutional delay in bringing the defendant to trial or upon the statute of limitations is a bar to any other prosecution for the offense charged.

Collected 2026-09-03T11:34:34Z. Source file · JSON

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