If you are the victim of a crime in Utah, there is something most people never learn: the prosecutor does not represent you. The prosecutor represents the State. Your interests usually overlap with the State's, but not always, and when they diverge, nobody in that courtroom speaks for you unless you bring your own attorney. You are allowed to do exactly that.
The Utah Constitution says so directly. Victims have the right, upon request, "to be informed of, be present at, and to be heard at important criminal justice hearings related to the victim, either in person or through a lawful representative," once a criminal information or indictment has been publicly filed. (Utah Const. art. I, § 28(1)(b))
The Rights You Actually Have
These come from Article I, Section 28 of the Utah Constitution and from Utah Code § 77-38-4. They are real legal rights, not courtesies. But they are also narrower and more specific than most people assume, and being precise about them is the difference between an attorney who helps and one who wastes your money.
The key statutory phrase is "important criminal justice hearings." Utah Code § 77-38-2(5) defines that term, and it matters that the definition covers felony criminal cases, and juvenile cases involving conduct that would be a felony if committed by an adult. Here is what you can attend and where you can actually speak:
| Proceeding | Present | Heard |
|---|---|---|
| Preliminary hearing to determine probable cause | Yes | No* |
| Arraignment, where practical | Yes | Yes |
| Disposition of charges, or delay of a set trial date | Yes | Yes‡ |
| Release decisions and conditions of release (other than at an initial appearance) | Yes | Yes |
| Criminal trial | Yes† | No* |
| Sentencing, fine, restitution, or modification of any of them | Yes | Yes |
| Criminal protective order hearing (Title 78B, Ch. 7, Pt. 8) | Yes | Yes |
| Any public hearing on parole or discretionary release | Yes | Yes |
These rights are exercised upon request. Utah Const. art. I, § 28(1)(b); § 77-38-4(1).
* Unless called as a witness. § 77-38-4(2). † Presence at trial is subject to Rule 615 of the Utah Rules of Evidence, the witness exclusion rule. § 77-38-4(3).
‡ This does not include an unanticipated proceeding to take an admission or a plea of guilty as charged to all charges previously filed, or any plea taken at an initial appearance. § 77-38-2(5)(c). That carve-out is exactly why timing matters — see below.
Separately, on request to the judge, you have the right to be present and heard at the defendant's initial appearance on whether to release the defendant and on what conditions. (§ 77-38-4(1)(d)) That is often the single most consequential hearing for a victim's immediate safety, and it happens fast.
Your right to be heard can be exercised however you choose: orally, in writing, by audio or video recording, or through information included in the presentence report. (§ 77-38-4(7)) You do not have to face the defendant in a courtroom to be heard.
Where Your Own Attorney Can Make a Difference
Restitution
Restitution is governed by the Crime Victims Restitution Act, Title 77, Chapter 38b. Restitution is where victims can lose real money through nobody's bad faith — the documentation is incomplete, the losses are understated, the request goes in late, or the amount is set at sentencing without anyone having assembled what the crime actually cost you. Getting this right is document work, and it is the most tangible thing counsel does.
Before a plea is finalized, not after
You have the right to be heard at proceedings involving the disposition of charges — but the statute carves out an unanticipated proceeding to take a plea of guilty as charged to all charges previously filed, and any plea taken at an initial appearance. § 77-38-2(5)(c). In other words, the right protects you at a scheduled disposition hearing, not against every way a case can resolve. That is precisely why it is worth something only if it is exercised while the plea is being negotiated. Once the plea is entered and the sentence imposed, your options narrow sharply.
Your records
When the defense seeks your medical, counseling, school, or phone records, someone has to argue against it. The prosecutor may or may not. Your attorney's only client is you.
Enforcement, if a right is violated
Under Utah Code § 77-38-11, you or your representative may bring an action for declaratory relief or a writ of mandamus, petition to file an amicus brief, or — after giving notice to the prosecution and the defense — seek a remedy from the court assigned to the case. If the court finds a violation, it must reconsider the affected decision and, if the outcome would have been different, enter the new decision, potentially nunc pro tunc.
Be clear about what enforcement cannot do. Both the Utah Constitution and the statute set hard limits, and any lawyer who implies otherwise is selling you something:
The remedy may not be a new trial, money damages, attorney fees, or costs, and the court may not dismiss a criminal charge as a remedy. (§ 77-38-11(5)(d), (7)(d); Utah Const. art. I, § 28(2))
There is a 90-day cutoff on remedies. A court may not award any remedy if the proceeding you are challenging occurred more than 90 days before the day you filed the action alleging the violation. (§ 77-38-11(7)(e)) Strictly speaking this limits the remedy rather than the claim, but the practical effect is the same: wait too long and there is nothing the court can give you. It is easy to miss.
Asserting your rights is not an attack on the prosecution. It adds one lawyer to the courtroom whose only job is you. In Jim’s experience prosecutors are not hostile to victim counsel — they are managing heavy caseloads, and they are not your lawyer.
Who This Helps Most
- Victims of violent and sexual offenses, where privacy, safety, and restitution are all in play at once.
- Parents navigating a case involving their child. A victim's representative can be a person designated by the victim or by the court. (§ 77-38-2(7))
- Anyone facing a defense subpoena for their private records.
- Anyone whose losses are substantial enough that restitution needs to be built properly.
- Anyone who feels the case is happening around them rather than with them.
What This Costs
You pay for your own counsel. Utah law does not shift attorney fees to the State or the defendant for asserting victim rights — the statute says the remedy shall not include attorney fees or costs, and the Constitution says the same. Jim will tell you what the work will cost before it begins, and if the case does not warrant paying a lawyer, he will say so. The consultation is free either way.
Experience on Both Sides of the Courtroom
Jim represents crime victims in Utah criminal cases as private victim’s counsel.
He does that alongside a criminal defense practice that keeps him in Utah courtrooms every week, and that is the practical value here: he knows what the defense will file, what it will subpoena, and what it will argue, because he files, subpoenas, and argues it.
Read this before you contact the firm. Tily Law is a criminal defense firm that also represents crime victims, petitioners, and respondents in the same county. That means the firm may already represent, or may previously have represented, someone adverse to you — including the defendant in your case.
Before Jim can take your case he runs a conflict check against current clients, former clients, and people who have already called for a consultation. If there is a conflict he cannot represent you, he will say so immediately, and he will help you find someone who can. On the first call, give only your name, the defendant’s name, and the county. Do not send case details until the conflict check clears — information sent before then may not be treated as confidential.
The Prosecutor Represents the State. Who Represents You?
Free, confidential consultation. Honest answers about whether you need your own attorney in your case.
(801) 641-0883 Send a MessageBefore you send anything: because Tily Law also defends criminal cases, the firm may already represent someone adverse to you. Please send only your name, the defendant’s name, and the county — no case details — until a conflict check clears. Sending a message does not create an attorney-client relationship, and information sent beforehand may not be treated as confidential.
This page is general information about Utah law, current as of August 2026, and is not legal advice. It does not create an attorney-client relationship. Statutes change and how these rights apply depends on facts this page cannot know. Contact an attorney about your specific situation. If you are in immediate danger, call 911.