Saratoga Springs City Attorney's Office Prosecution Policy

Purpose:

This policy establishes transparent and uniform guidelines for the prosecution of criminal cases by the Saratoga Springs City Attorney’s Office

Scope:

All attorneys and support staff with criminal prosecution or related duties in the Saratoga Springs City Attorney’s Office are subject to this policy.

Screening and filing of charges:

A prosecutor should approve criminal charges only if the prosecutor reasonably believes there is sufficient admissible evidence to support probable cause and the decision to charge is in the interests of justice.

Plea bargains:

Prosecutors are empowered to negotiate plea bargains, including plea in abeyance agreements.

Negotiations are undertaken in the interests of justice, while considering the totality of

the circumstances, including:

 Whether the defendant admitted to the criminal act(s)

 Whether the evidence consists of direct evidence or circumstantial evidence

 Any physical or mental impairment of the defendant(s)

 The defendant’s conduct prior to and subsequent to committing the criminal act

 The criminal history of the defendant

 The existence of corroborating evidence

 A witness’s relationship to the defendant

 The economic and emotional harm the defendant’s conduct imposed upon the victim

 The extent of physical injury the defendant caused to the victim

 Any other relevant factor

Prosecutors should not take into account the following attributes of defendants, unless legally relevant to the charge:

 Race

 Religion

 Gender

 Ethnicity

 National origin

 Political association or belief

 Other protected class status

Sentencing:

Sentencing recommendations:

Prosecutors should inform the Court of relevant information to consider in making fair and informed sentencing decisions in each case, including but not limited to the defendant’s criminal history, restitution, harm to the victim, and the State of Utah’s Uniform Fine Schedule.

Discovery practices:

Before trial of a criminal case, a prosecutor should make timely disclosure to the defense of all information in the possession of the prosecution or its agents that tends to negate the guilt of the accused, mitigate the offense charged, impeach the government’s witnesses or evidence, or reduce the likely punishment of the accused if convicted. The obligations to identify and disclose such information continue throughout the prosecution of a criminal case. A prosecutor should determine whether additional statutes, rules, or case law may govern or restrict the disclosure of information and comply with these authorities absent court order

Prosecution of juveniles:

When prosecuting a juvenile, prosecutors may consider a defendant’s age in any discretionary act, such as filing of charges, entering plea agreements, or referring the case to the Utah County Attorney’s Office.

Fines and fees:

Prosecutors should make fine and fee recommendations pursuant to relevant Utah and City law. Prosecutors are empowered to raise or lower fine recommendations upon consideration of the totality of the circumstances of each case.

Criminal and civil asset forfeiture practices:

Prosecutors may on occasion assist the Saratoga Springs Police Department in securing ownership of lost or misplaced property according to State law. Prosecutors may also assist the Police Department in seeking forfeiture of property no longer needed as evidence pursuant to the Utah Code

Victims of Crime:

Prosecutors are encouraged to make use of all available victim assistance programs as provided by the Saratoga Springs City Police Department.

Diversion programs:

Saratoga Springs City Attorney’s Office does not have a formal diversion program.

Restorative programs:

Saratoga Springs City Attorney’s Office does not have a formal restorative justice program.