1. Screening and Filing Criminal Charges

A Carbon County prosecutor will seek or file criminal charges only if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interests of justice.

After criminal charges are filed, Carbon County prosecutors will maintain them only if the prosecutor continues to reasonably believe that probable cause exists and that admissible evidence will be sufficient to support conviction beyond a reasonable doubt.

If a prosecutor has significant doubt about the guilt of the accused or the quality, truthfulness, or sufficiency of the evidence in any criminal case assigned to the prosecutor, the prosecutor should disclose those doubts to supervisory staff. The prosecutor’s office should then determine whether it is appropriate to proceed with the case.

The Carbon County Attorney’s Office will never file or maintain charges if it believes the defendant is innocent.

2. Plea Bargain

Carbon County prosecutors have discretion to negotiate a plea bargain or not. In every instance, the purpose of plea negotiations is to ensure justice is done in a fair and efficient manner. Prosecutors must consider a variety of factors when entering plea negotiations. These include: victim input, community safety, defendant’s criminal history or lack thereof, and strength of the evidence.

3. Sentencing Recommendations

Prosecutors at the Carbon County Attorney’s Office will recommend sentences that they believe hold defendant’s accountable and that are in the interest of justice. Carbon County Prosecutors consider a variety of factors when making a sentencing recommendation. These include: victim input and restitution, community safety, a defendant’s criminal history or lack thereof, and any aggravating or mitigating facts or circumstances that exist.

4. Discovery Practices

The Carbon County Attorney’s Office has an open file policy. Providing broad and early discovery promotes the truth-seeking mission of the prosecutor and furthers the speedy trial and due process rights of both the accused and victims. The Carbon County Attorney’s Office will provide to the accused copies of or access to all relevant, unprivileged information known to the prosecutor. A prosecutor may redact information prior to providing discovery as necessary for the protection of victims and witnesses.

The Carbon County Attorney’s Office will comply with the obligations outlined in Rule 16 of the Utah Rule of Criminal Procedure and will, at all times, carry out discovery obligations in good faith and in a manner that furthers the goals of discovery, namely, to minimize surprise, afford the opportunity for effective cross-examination, expedite trials, and meet the requirements of due process.

In the event defense counsel makes discovery demands that are abusive, frivolous or made solely for the purpose of delay, unless otherwise required by law or rule, a Carbon County prosecutor need not cooperate with such demands and should seek court guidance on what must be provided. Carbon County prosecutors shall make timely disclosure of exculpatory and mitigating evidence pursuant to Brady v. Maryland, 373 U.S. 83, 87 (1963) and its progeny. If at any point in the pretrial or trial proceedings a prosecutor discovers additional witnesses, information, or other material previously requested or ordered which is subject to disclosure and was not provided, the prosecutor should promptly notify defense counsel and provide the required information.

5. Prosecution of Juveniles

Similar to the prosecution of adult criminal cases, a Carbon County prosecutor will seek or file charges against a juvenile only if the prosecutor believes that the allegations are supported by probable cause, that admissible evidence will be sufficient to support the allegations beyond a reasonable doubt, and that the decision to charge the juvenile is in the interests of justice. Charges brought against a juvenile are patterned after the criminal code, but are considered civil proceedings.

The Carbon County Attorney’s Office works closely with Juvenile Probation and other agencies to determine the most appropriate course of action within the parameters of juvenile law, including whether the matter should be handled non-judicially, or if the juvenile should come before a juvenile court judge.

When making a determination on whether to prosecute juveniles as adults, Carbon County prosecutors will evaluate the facts and evidence, and will consult with and follow current Utah law.

6. Collection of Fines and Fees

The Carbon County Attorney’s Office does not collect fines or fees. The Court collects fines and fees. Some cases require a mandatory fine to be imposed (DUI for example). In these cases Carbon County prosecutors will follow Utah law. While we may recommend a fine or fee as a term of probation in other cases, we do not recommend them for the purpose of generating revenue. In each case, the prosecutor's aim is to do justice.

7. Criminal and Civil Asset Forfeiture Practice

The Carbon County Attorney’s Office will only seek the forfeiture of property in criminal cases where the prosecutor can prove beyond a reasonable doubt that the property has been used, or was intended to be used to commit a crime, or the property is proceeds of a crime.

8. Victim Services

The Carbon County Attorney’s Office has a full time Victim Advocate Coordinator who is dedicated to helping victims understand and navigate the criminal justice process. In addition to communicating with victims of crime, the Victim Advocate Coordinator helps set up meetings with prosecutors as needed, connects victims with outside resources, notifies them of court hearings, and coordinates restitution amounts that will be recommended to the court by the prosecutor.

The Carbon County Attorney’s Office also works closely with community based victim advocates to help serve victims of crime in our community.

9. Diversion and Restorative Justice Programs

The Carbon County Attorney’s Office has helped create and supports the Carbon County Drug Court. This problem solving court has a dedicated team who work with qualifying defendants that struggle with addiction. These programs allow defendants to get treatment while being supervised by the court and treatment team with the goal of having their charges dismissed or reduced upon successful completion of the program.