Title 77, Title 77: Criminal Procedure

77-2-2.3. Reducing the level of an offense. (1) Subject to Subsectionand notwithstanding any other provision of law, if a prosecuting attorney determines that it is in the interests of justice, the prosecuting attorney may: (2) present and file an information charging an individu…

77-2-3. Termination of investigative action. Prior to the commencement of prosecution, the prosecutor may, without approval of a magistrate, authorize a termination of investigative action when it appears that further investigative action is not in the public interest.

77-2-4. Dismissal of prosecution. After commencement of a prosecution the prosecutor may, upon reasonable grounds, move the magistrate before whom the prosecution is pending to dismiss the prosecution. If, in the judgment of the magistrate, the prosecution should not continue, th…

77-2-4.2. Compromise of traffic charges -- Deferred prosecution of traffic infractions -- Limitations. (1) As used in this section: "Compromise" means referral of an individual charged with a traffic violation to traffic school or other school, class, or remedial or rehabilitativ…

77-2-4.3. Compromise of boating violations -- Limitations. (1) As used in this section: "Compromise" means referral of a person charged with a boating violation to a boating safety course approved by the Division of Outdoor Recreation. "Boating violation" means any charge for whi…

77-2-4.5. Dismissal by compromise -- Limitations. (1) In misdemeanor cases the court may dismiss the case upon motion of the prosecutor if it is compromised by the defendant and the injured party, except under Subsection. The injured party shall first acknowledge the compromise b…

77-2-5. Diversion agreement -- Negotiation -- Contents. (1) At any time after the commencement of prosecution and before conviction, the prosecuting attorney may, by written agreement with the defendant, filed with the court, and upon approval of the court, divert a defendant to …

77-2-6. Dismissal after compliance with diversion agreement. The court shall dismiss the information or indictment filed against the defendant who has complied with the requirements of a diversion agreement and the defendant shall not thereafter be subject to further prosecution …

77-2-7. Diversion not a conviction. Diversion is not a conviction and if the case is dismissed the matter shall be treated as if the charge had never been filed.

77-2-8. Violation of diversion agreement -- Hearing -- Prosecution resumed. If, during the course of the diversion of a defendant, information is brought to the attention of a magistrate or the prosecuting attorney that the defendant has violated the diversion agreement and it ap…

77-2-9. Offenses ineligible for diversion. (1) A magistrate may not grant a diversion for: a capital felony; a felony in the first degree; any case involving a sexual offense against a victim who is under 14 years old; any motor vehicle related offense involving alcohol or drugs;…

77-2-9. Offenses ineligible for diversion. (1) A magistrate may not grant a diversion for: a capital felony; a felony in the first degree; any case involving a sexual offense against a victim who is under 14 years old; any motor vehicle related offense involving alcohol or drugs;…