QUESTION
Is it right for a court to be able to change the prosecutor 3 times in a criminal case and it was changed without notice?
Asked on Jan 18th, 2017 on Criminal Law - Utah
More details to this question:
My case started due to a vehicle accident back on November 2015. No charges were formally filed with the court until February 2016. Since then I have had several continuances, 2 waivers to prelim, which 2 prelims took place except only the prosecution had witnesses, 3 different prosecutors, 2 different judges and after all this time, they said that the second prelim hearing was because they decided to enhance my class A DUI to a 3rd degree felony DUI due to the injuries that the other driver sustained from way back in November 2015.
1 ANSWER
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Randy M. Lish, Attorney at Law
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The court doesn't change the prosecutor, the prosecutor's office decides which attorney will handle a particular case, and sometimes that is decided by court calendars (I assume the prosecutor's office appears in more than one court). This is not unusual, nor improper.
Answered on Mar 17th, 2017 at 7:21 AM