Utah § 77-7-23 - Delivery of an individual arrested without a warrant to a magistrate -- Transfer to a court with jurisdiction -- Transfer of duties -- Violation as misdemeanor.

Full text of Utah Utah Code § 77-7-23 — Delivery of an individual arrested without a warrant to a magistrate -- Transfer to a court with jurisdiction -- Transfer of duties -- Violation as misdemeanor., with citation guidance and answers to common questions.

§ 77-7-23. Delivery of an individual arrested without a warrant to a magistrate -- Transfer to a court with jurisdiction -- Transfer of duties -- Violation as misdemeanor.

Effective 5/7/2025
77-7-23.  Delivery of an individual arrested without a warrant to a magistrate -- Transfer to a court with jurisdiction -- Transfer of duties -- Violation as misdemeanor.
(1)
(a)
(i)
(A)If an arrest is made without a warrant by a peace officer, the individual who has been arrested shall be taken by a peace officer without unnecessary delay to the magistrate in the district court, the precinct of the county, or the municipality in which the offense occurred, except under Subsection (2).
(B)An information stating the charge against the arrested individual shall be made before the magistrate.
(ii)If a private individual temporarily detains another individual under Section 77-7-3, a peace officer shall determine whether to release or arrest the individual who has been detained, and if the peace officer arrests the individual who has been detained, the peace officer shall follow the procedures described in Subsection (1)(a)(i).
(b)If the justice court judge of the precinct or municipality or the district court judge is not available, the arrested individual shall be taken before the magistrate within the same county who is nearest to the scene of the alleged offense or nearest to the jail under Subsection (2), who may act as committing magistrate for arraigning the accused individual, setting bail, or issuing warrants.
(2)
(a)If the arrested individual under Subsection (1) must be transported from jail to a magistrate, the individual may be taken before the magistrate nearest to the jail rather than the magistrate specified in Subsection (1) for arraignment, setting bail, or issuing warrants.
(b)The case shall then be transferred to the court having jurisdiction.
(3)If a jail accepts custody of an individual arrested under Subsection (1), the duties under this section of the peace officer who makes the arrest are transferred to the jail and the jail's personnel.
(4)This section does not confer jurisdiction upon a court unless otherwise provided by law.
(5)A violation of this section is a class B misdemeanor.


Amended by Chapter 199, 2025 General Session

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

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Frequently Asked Questions About Utah § 77-7-23

What does Utah Code § 77-7-23 cover?

Section 77-7-23 ("Delivery of an individual arrested without a warrant to a magistrate -- Transfer to a court with jurisdiction -- Transfer of duties -- Violation as misdemeanor.") 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 § 77-7-23?

A common citation format is "Utah Code § 77-7-23" (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 § 77-7-23 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

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