Pressing Charges Process Explained

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Summary

After expressing the desire to press charges, the police will investigate and forward the case to the prosecutor if sufficient evidence is found. The prosecutor then decides whether to file charges. The timeline for these steps can vary, with police investigations and prosecutor reviews each taking a few days to several weeks. If charges are filed, the accused is summoned or arrested, and a court date is set. In Utah, theft of $1,500 to $5,000 is a third-degree felony, punishable by up to 5 years in prison and fines up to $5,000. A conviction can impact custody cases, potentially leading to loss of custody or supervised visitation. Child abandonment is defined as failing to maintain contact and provide support for six months. Always consult a local attorney for specific advice.

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Once you meet with the police after filing a report and make it clear that you want to press charges. what is the process and what happens next?
Hello ****, after expressing your desire to press charges:
- The police will conduct an investigation.
- If they find enough evidence, they'll forward your case to the prosecutor's office.
- The prosecutor will then decide whether to file charges.

Remember, the final decision lies with the prosecutor, not the victim. Could you let me know your location to provide more specific information?
Utah
In Utah:
- After the police finish their investigation, the case is forwarded to the prosecutor.
- The prosecutor reviews evidence and decides whether to file charges.
- If charges are filed, the accused is summoned or arrested.
- A court date is set for the accused to enter a plea.
Always consult with a local attorney for advice specific to your situation.
How long does that take normally?
The timeline can vary greatly depending on the specifics of the case, but generally:
- Police investigations can take a few days to several weeks.
- Prosecutor review can take a few days to a few weeks.
- Court dates are usually set within 30 days of charges being filed.
How long does a subpoena take
In Utah, the time to serve a subpoena can vary, but it's generally advised to give at least 10 days notice before the court date. It is important to consult with a local attorney for specifics.
Is someone keeping an ACH and spending that money with no intent to pay it back considered theft?
In Utah, if someone intentionally receives money via an Automated Clearing House (ACH) transfer and spends it without the intent to return it, it could be considered theft. This could be pursued under Utah Code § *-*-* and § *-*-*, which outline theft and theft by deception. However, consult with a lawyer for advice specific to your situation.
If I am in a family law case with this person that I am filing charges against, should I tell my lawyer?
Yes, you should inform your lawyer about any charges you're filing against the other party in your family law case. It could potentially impact the proceedings and your lawyer can provide advice tailored to your situation.
If he gets prosecuted of the charges what would happen to the custody case?
If the person you're filing charges against is prosecuted and convicted, it could potentially impact the custody case in Utah. Factors considered include:
- Nature and severity of the crime.
- The child's safety and well-being.
- The impact on the parent's ability to care for the child.
Always inform your lawyer about the prosecution. They can guide you based on the specifics of your case.
How could it impact the custody case?
In Utah, a conviction could impact a custody case as follows:
- It might affect the court's perception of the parent's ability to provide a safe and stable environment.
- Serious crimes could lead to loss of custody or visitation rights.
- It may influence decisions on supervised visitation or custody modifications.
Consult your lawyer for specifics.
What are the charges for * of theft in Utah?
In Utah, theft of property valued at $*,* to $*,* is a third-degree felony. Consequences may include:
- Imprisonment for up to 5 years.
- Fines up to $*,*.
- Restitution to the victim.
Please consult a local attorney for case-specific advice.
If the opposing party does get convinced and go to jail could he lose custody?
In Utah, if a parent is convicted of a felony and incarcerated, it could lead to:
- A change in custody arrangement.
- Potential loss of custody if the court deems it in the child's best interest.
- Limited visitation rights, sometimes supervised.
Consult your lawyer for advice specific to your case.
What is considered abandonment?
In Utah, child abandonment is generally considered as a parent's failure to maintain contact with the child and not providing reasonable support for a period of six months. This is outlined in Utah Code § 78A-*-*. As always, consult with a lawyer for advice specific to your case.