Can an individual file a criminal case?

 

Can an individual file a criminal case?
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Tim Cella
Former Paralegal at Ascent Law (2018–2021)

In the State of Utah the answer is no.

The process works like this: Individuals can report crimes to the police. The police investigate crimes and screen their findings with the prosecutor. The prosecutor then files a criminal case if the prosecutor believes there is enough evidence to convict the defendant of a crime or crimes.

In Utah, criminal cases are filed in the district court by the government district attorney (also known as a prosecutor). An individual may not file a criminal case. The government has the exclusive right to bring criminal charges, and private citizens do not have the authority to bring criminal charges.

So, if you think a crime has been committed, you as an individual may be able to file a complaint with the police or other law enforcement agency that may lead to a criminal investigation and possible criminal charges. An individual may also be able to file a civil lawsuit against another party for damages caused by a criminal act. Such civil lawsuits can be filed in the district court and may be pursued in addition to any criminal charges.

TLDR - individuals are not able to file criminal cases in Utah. Instead, individuals may file a complaint with law enforcement or pursue a civil lawsuit in the district court. If you need legal help in Utah, and if this attorney has openings, you can call him. Best of luck to you and yours.

Jeremy Eveland

17 North State Street

Lindon UT 84042

(801) 613-1472

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