Arrest warrants in Utah are issued once the magistrate finds probable cause to hold the accused responsible for a criminal act. In order to ascertain that the accused did indeed have a hand in the criminal occurrence that was brought to light, the judiciary has to rely on the investigation of the police. So, it would be safe to suggest that the law enforcement and the judiciary have equal parts to play when it comes to release of active warrants in Utah.
While the magistrate has the powers to deny or grant a warrant, the sheriff’s department acts as the petitioner on behalf of the victim. Arrest warrants are sought on the basis of probable cause in matters concerning felonies as well as misdemeanors. Of course, the police can also apprehend an accused without a warrant if they have reasonable cause to believe his culpability.
While law enforcement always acts as the executioner of all judicial arrest orders, they don’t petition the court for all forms of detention directives. Most notably, bench warrants can be issued by the magistrate of his own volition. These arrest orders are released to command the police to bring in offenders who are in contempt of court for not following a directive issued by the tribunal. Bench warrants are also handed out to capture offenders who fail to show up for trial or sentencing.
The serving of arrest warrants
Ad their name suggests, these judicial directives are considered executed when the accused is detained. After being arrested, the alleged offender is held in police custody till he can be taken before the magistrate for a bail hearing. Sometimes, the conditions for release can be mentioned on the warrant; this is usually done in case of misdemeanors. Fulfilling these conditions will earn the accused his release.
While executing arrest warrants in Utah, the police are authorized to enter the homes of people including the person to be arrested as well as third party business premises. Of course, arrests can also occur in public places and on roads. To put it simply, arresting an accused with a warrant to his name is top priority for the police and they do not hesitate in using force when required.
What are arrest records in Utah?
The term arrest records refers to a set of crime history information offered to applicants who place a request for a warrant search. This data is provided courtesy of the Utah Department of Public Safety. The information offered by way of response to a warrant search inquiry includes arrest records, data on all outstanding warrants as well as orders for detention that have already been served, charges, case disposition, sentencing, incarceration and release.
Utah being a closed records state, only state and local justice agencies a certain class of employers can apply for a warrant search. Establishments that can legally seek crime history data are:
- Organizations that work with children offering care, education or medical facilities
- Companies working with vulnerable adults including older people
- Statutory authorities
- Fiduciary funds
- National Security agencies
The employers mentioned above can initiate an inquiry on their own; however, if your company does not fall in one of these categories, you will have to ask the prospective employee to get a crime background report and furnish it to you.
How to initiate a warrant search in Utah?
To look for personal background information or details on the criminal past of a potential employee, you will need to fill the form at http://bci.utah.gov/expungement-forms-and-applications/ and take this to:
The Department of Public SafetyBureau of Criminal Identification3888 West 5400 SouthSalt Lake City, Utah 84118
If you are mailing in your search request, you will have to fill the Right of Access form and send it with a payment of $10 made through money order or certified check. In person inquiries will only be entertained when the applicant can produce a valid government issued photo ID. A list of law enforcement agencies that entertain crime history inquiries is given on https://bci.utah.gov/wp-content/uploads/sites/15/2019/02/ROA-Agencies-02142019.pdf.
It is easier to procure Utah court records as these are made available online. Of course, you could also walk into the head office of the state judiciary to find case details. For internet based searches, you will need to subscribe to the Xchange service of the website. A monthly charge of $30 will be applicable for using the service and set up will cost you a onetime fee of $25. You can conduct 200 searches for free during any billing period. To run an online inquiry, go to https://www.utcourts.gov/records/index.htm. To visit the judicial administrative office, head over to:
Administrative Office of the Courts450 South StateP. O. Box 140241Salt Lake City, UT 84114-0241
Utah Crime Statistics
Over a million crimes were committed in Utah from 1999 to 2008; fortunately, only about 5% of these were violent criminal acts. In fact this figure puts the state in a better position in terms of crime when compared with some other regions of the country. Annually, about 110,000 criminal complaints are handled by various police departments in UT.
Of these incidents, only about 50 are homicides while rapes clock in a higher occurrence rate of almost 900 cases. Although the number of violent crime have held steady between 1999 and 2008, there has been significant fluctuation in the figures of property crimes. Overall, there was a reduction of around 10% in reported crime while violent criminal incidents clocked in a slight growth of less than 5%.