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2025 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 17 - The Trial
Section 8 - Mistake in charging offense -- Procedure -- Witnesses.
Universal Citation:
UT Code § 77-17-8 (2025)
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Effective 11/16/2021
77-17-8. Mistake in charging offense -- Procedure -- Witnesses.
Amended by Chapter 4, 2021 Special Session 2
77-17-8. Mistake in charging offense -- Procedure -- Witnesses.
- (1) If, at any time before verdict or judgment, a mistake is made in charging the proper offense, and there is probable cause to believe that the defendant is chargeable with another offense, the court may:
- (a) release the individual on the individual's own recognizance, as defined in Section 77-20-102, during the time the individual awaits trial or other resolution of criminal charges;
- (b) designate a condition, or a combination of conditions, described in Subsection 77-20-205(4), to be imposed upon the individual's release during the time the individual awaits trial or other resolution of criminal charges; or
- (c) order the individual be detained during the time the individual awaits trial or other resolution of criminal charges.
- (2) A court may require a witness to post monetary bail, as defined in Section 77-20-102, to ensure that the witness appears in court.
Amended by Chapter 4, 2021 Special Session 2
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