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

Full text of Utah Utah Code § 77-1-7 — Dismissal without trial -- Custody or discharge of defendant., with citation guidance and answers to common questions.

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

77-1-7.  Dismissal without trial -- Custody or discharge of defendant.
(1)
(a) Further prosecution for an offense is not barred if the court dismisses an information or indictment based on the ground:
(i) there was unreasonable delay;
(ii) the court is without jurisdiction;
(iii) the offense was not properly alleged in the information or indictment; or
(iv) there was a defect in the impaneling or the proceedings relating to the grand jury.
(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.


Enacted by Chapter 7, 1990 General Session

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 77-1-7

What does Utah Code § 77-1-7 cover?

Section 77-1-7 ("Dismissal without trial -- Custody or discharge of defendant.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 77-1-7?

A common citation format is "Utah Code § 77-1-7" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 77-1-7 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.