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

Utah Statutes

§ 77-1-7 — Dismissal without trial -- Custody or discharge of defendant.

Utah § 77-1-7

Title 77Utah Code of Criminal Procedure

Ch. 77-1Preliminary Provisions

This text of Utah § 77-1-7 (Dismissal without trial -- Custody or discharge of defendant.) 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. § 77-1-7 (2026).

Text

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

(1)(a)(i) there was unreasonable delay;

(1)(a)(ii) the court is without jurisdiction;

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

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

(1)(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.

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(1) (1)(a) Further prosecution for an offense is not barred if the court dismisses an information or indictment based on the ground:
(1)(a)(i) there was unreasonable delay;
(1)(a)(ii) the court is without jurisdiction;
(1)(a)(iii) the offense was not properly alleged in the information or indictment; or
(1)(a)(iv) there was a defect in the impaneling or the proceedings relating to the grand jury.
(1)(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.