Utah § 39A-5-235 Second trial on an offense prohibited.

Utah Statutes

§ 39A-5-235 — Second trial on an offense prohibited.

Utah § 39A-5-235

Title 39ANational Guard and Militia Act

Ch. 39A-5Utah Code of Military Justice

Part 39A-5-2Military Courts

This text of Utah § 39A-5-235 (Second trial on an offense prohibited.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 39A-5-235 (2026).

Text

(1)An individual may not, without the individual's written consent, be brought to trial a second time in any military or civilian court of the state for the same offense.

(2)A proceeding in which an accused has been found guilty by a military court upon any charge or specification, is not a trial under this section until the finding of guilty has become final and the review of the case has been completed.

(3)A proceeding that, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial under this section.

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(1) An individual may not, without the individual's written consent, be brought to trial a second time in any military or civilian court of the state for the same offense.
(2) A proceeding in which an accused has been found guilty by a military court upon any charge or specification, is not a trial under this section until the finding of guilty has become final and the review of the case has been completed.
(3) A proceeding that, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial under this section.