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
8:00AM – 2:00PM
Excluding State and Federal holidays.
Criminal & Traffic Court
9:00 a.m. and 2:00 p.m.
9:00 a.m. and 2:00 p.m.
Common Court Vocabulary
Plea In Abeyance
Pleading Not Guilty
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.
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.
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.
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).
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.
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.
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.
- $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 – $10,000
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.