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Clearfield City Justice Court

The mission of the Utah Justice Courts is to improve the quality of life in our communities.

Pay Court Fees/Fines

About The Clearfield Justice Courts

Photography and personal recordings of proceedings are only allowed upon written prior approval pursuant to Judicial Administration Rule 4-401.01 

Check-in begins one hour prior to the court session and ends when court begins.

Contact the court prior to appearing to ensure court is being held on the day you wish to appear.

Court Opening Times

Monday – Thursday
8:00AM to 3:00PM

Friday
8:00AM – 2:00PM

Excluding State and Federal holidays.

Criminal & Traffic Court

Tuesdays
9:00 a.m.

Wednesdays
9:00 a.m. and 2:00 p.m.

Thursdays
9:00 a.m.

Common Court Vocabulary

Plea In Abeyance
A plea in abeyance is a plea bargain entered into between a defendant and the prosecutor. A defendant pleads guilty, but the court does not enter the guilty plea. The court holds the guilty plea in abeyance for the term of the agreement (typically nine to 12 months). If the conditions of the plea are completed successfully, the case is dismissed at the end of the abeyance period. The advantage of a successful plea in abeyance is that a conviction does not go on your record. However, if the terms of the plea in abeyance are not completed successfully, your guilty plea will be automatically entered. You will be brought back to court for sentencing under the original charge. In certain traffic cases the prosecution has a “standing order” with the court that requests the court to allow a standard plea in abeyance in certain circumstances, even when the prosecutor is not present. The terms of the standard traffic plea in abeyance are that you will pay the bail amount, plus a $25 plea in abeyance fee. You may also be required to complete traffic school within 45 days. There will be a separate charge at the time you sign up for traffic school. Additionally, you may not have any additional moving violations during the period of the abeyance. A court clerk may inform you if you qualify for the standard plea in abeyance.
Pleading Not Guilty
If you want to contest the charge(s) that has been filed against you, you must plead “not guilty”. If you plead not guilty you will be scheduled for a pre-trial conference. You will need to enter your plea of not guilty in court with the judge present.
At the pre-trial conference, you will meet with the prosecutor to discuss your case. Sometimes a plea
agreement can be entered into. The judge will then determine whether the plea agreement will be accepted. The judge is not required to accept a plea agreement. However, the judge will inform you of that decision, and will allow you to reconsider before entering a plea. If a resolution cannot be reached at the pre-trial conference, a trial will be scheduled. Jury trials, by law, are not provided for infractions. All misdemeanor trials are bench trials (where the judge is the trier of fact) unless a party makes a written demand for a jury no later than 10 days before trial. (Your trial may be rescheduled to allow time to gather a jury.)

At a trial, the prosecution has the burden of proof, which is “beyond a reasonable doubt” in most criminal cases. Additional information about the rules and procedures governing trial may be found here. If you are found “not guilty” your case will be closed. If you are found “guilty,” you will proceed with sentencing.

Sentencing
If you plead guilty or no contest, or are found guilty after trial, you will be sentenced. There are many reasons for the parts of a sentence. These include protecting the public, discouraging poor behavior, repairing those injured, and others. Fines are most commonly used in sentencing. In order to ensure uniformity, fines are determined, in most cases, by the Uniform Fine and Bail Schedule that is published by the State of Utah.
In addition to a fine, you may be put on probation. This may include several components, including proving you are free of controlled substances, treatment, community service, restrictions on your use of alcohol or a vehicle, and many other items.

For all misdemeanor crimes, you could be sentenced to a term in the county jail. The maximum jail times are 180 days for a Class B misdemeanor and 90 days for a Class C misdemeanor. You may not be sentenced to jail for an infraction. Jail time is generally within the discretion of the judge. The possibility of jail time increases with the severity of the charge, your prior history, and your refusal to follow the court’s orders.

Traffic Offense

If you receive a citation for a traffic offense, the citation will direct you to appear in court between five and 14 days after the date the citation was given. (You must wait at least five business days so the court will have information regarding your case. If you wait over 14 calendar days, you may be subject to delinquent fees and a warrant for your arrest may be issued.) In most cases you may simply pay your bail and the case will be closed if you do not wish to contest the citation. Mandatory court appearance is required for some violations. If you wish to contest your citation, you must contact the court. While you may simply appear at any court session, it is recommended that you call the court ahead of time. You will be given a date by which you are to appear before the judge.

Your first appearance on a charge is called an arraignment. You will be required to read a sheet advising you of your rights. You may also be required to watch an instructional video.

You may have an attorney with you, but it is not required. The court may appoint an attorney for you if you meet certain income guidelines, but only if jail time is a real possibility. In most cases involving a traffic citation incarceration will not be imposed and you will not have the right to an appointed attorney.

When you appear before the judge, you will be asked to enter a plea to the charge(s) against you. You may plead guilty, not guilty, or no contest. A no contest plea has the same procedural effect as a guilty plea, but rather than admitting guilt, the defendant admits that the prosecutor would likely prevail at trial. It is up to the judge whether or not he will accept a no contest plea.

Additional Information

Criminal Offense

When you are charged with a crime, you may receive a citation or you may be arrested. If requested, the prosecution must file formal Information against you. If you are arrested, you may be released on bail. In either case, you must appear in court within 14 days of receiving the citation/information or of being arrested.

Your first appearance on a charge is called an arraignment. When you arrive at the court you will be required to read a document advising you of your rights; you may also be asked to watch an instructional video further explaining your rights.

You may have an attorney with you, but it is not required. The court may appoint an attorney for you if you meet certain income guidelines, but only if jail time is a real possibility if you are convicted of the charge(s).

When you appear before the judge, you will be asked to “plead” to the charge(s) against you. You may plead “guilty,” “not guilty,” or “no contest.” A “no contest” plea has the same procedural effect as a guilty plea, but rather than admitting guilt, the defendant admits that the prosecutor would likely prevail at trial. It is up to the judge whether or not he will accept a no contest plea.

You will be sentenced if you plead guilty or no contest. You have the option to delay sentencing for at least two days. See the below heading for further information regarding sentencing.

Additional Information

Expungement

The Utah Expungement Act governs how to expunge records of an arrest or conviction in Utah, regardless of when a person was arrested or convicted.
Expunging a criminal record does not change history; expunging a record means that the court orders the records of the arrest, investigation, detention and conviction in the criminal case sealed. Sealing a record means that the public cannot view or copy it. Conviction includes a verdict or finding of guilty after trial, a plea of guilty, or a plea of nolo contendere (no contest).

If an agency does not receive the expungement order, they are not required to seal their records. A government agency that has received an expungement order will respond to an inquiry as though that arrest or conviction did not occur. A person who has had records expunged may respond to an inquiry as though that arrest or conviction did not occur. The order to seal records applies only to government agencies. Other records, such as news accounts of an arrest or conviction, are not affected.

After a record is expunged, an agency’s sealed records can still be viewed and copied by some government officials, and the court can order the records unsealed under some conditions.

Although the records being expunged are criminal records, the petition to expunge is a civil case. In proceedings to expunge a record, the defendant in the criminal case is the petitioner in the expungement case.

You will need to contact the Bureau of Criminal Identification (BCI) to begin the expungement process. BCI is a division within the Utah Department of Public Safety.

Once you have received your Certificate of Eligibility from BCI, you must fill out and file the appropriate forms with the court where your case was filed

Small Claims

For more information on Small Claims click the buttons below.

The Utah Rules of Small Claims Procedure are the official rules/law that govern small claims procedure throughout the State of Utah. The Clearfield Justice Court has jurisdiction over small claims cases (claims up to $15,000, exclusive of filing and process service fee) if the defendant resides in Clearfield City, or if the debt or cause of action arose in Clearfield City.

Fees

  • $60 if the claim is $2,000 or less
  • $100 if the claim is for $2,001 – $7,500
  • $185 if the claim is for $7,501 – $15,000

Evidence

The Utah Rules of Evidence are not strictly applied in justice courts, but judges may allow evidence that is of the sort commonly relied upon by reasonably prudent persons in the conduct of their business affairs.

Collecting on a Judgment

When a plaintiff prevails in a small claims case, the plaintiff will be given a “judgment.” It is up to the plaintiff to collect on that judgment.

For instructions and forms for collecting on a judgment click the button below.