1. Screening and Filing Criminal Charges

A Carbon County prosecutor will seek or file criminal charges only if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interests of justice.

After criminal charges are filed, Carbon County prosecutors will maintain them only if the prosecutor continues to reasonably believe that probable cause exists and that admissible evidence will be sufficient to support conviction beyond a reasonable doubt.

If a prosecutor has significant doubt about the guilt of the accused or the quality, truthfulness, or sufficiency of the evidence in any criminal case assigned to the prosecutor, the prosecutor should disclose those doubts to supervisory staff. The prosecutor’s office should then determine whether it is appropriate to proceed with the case.

The Carbon County Attorney’s Office will never file or maintain charges if it believes the defendant is innocent.

2. Plea Bargain

Carbon County prosecutors have discretion to negotiate a plea bargain or not. In every instance, the purpose of plea negotiations is to ensure justice is done in a fair and efficient manner. Prosecutors must consider a variety of factors when entering plea negotiations. These include: victim input, community safety, defendant’s criminal history or lack thereof, and strength of the evidence.

3. Sentencing Recommendations

Prosecutors at the Carbon County Attorney’s Office will recommend sentences that they believe hold defendant’s accountable and that are in the interest of justice. Carbon County Prosecutors consider a variety of factors when making a sentencing recommendation. These include: victim input and restitution, community safety, a defendant’s criminal history or lack thereof, and any aggravating or mitigating facts or circumstances that exist.

4. Discovery Practices

The Carbon County Attorney’s Office has an open file policy. Providing broad and early discovery promotes the truth-seeking mission of the prosecutor and furthers the speedy trial and due process rights of both the accused and victims. The Carbon County Attorney’s Office will provide to the accused copies of or access to all relevant, unprivileged information known to the prosecutor. A prosecutor may redact information prior to providing discovery as necessary for the protection of victims and witnesses.

The Carbon County Attorney’s Office will comply with the obligations outlined in Rule 16 of the Utah Rule of Criminal Procedure and will, at all times, carry out discovery obligations in good faith and in a manner that furthers the goals of discovery, namely, to minimize surprise, afford the opportunity for effective cross-examination, expedite trials, and meet the requirements of due process.

In the event defense counsel makes discovery demands that are abusive, frivolous or made solely for the purpose of delay, unless otherwise required by law or rule, a Carbon County prosecutor need not cooperate with such demands and should seek court guidance on what must be provided. Carbon County prosecutors shall make timely disclosure of exculpatory and mitigating evidence pursuant to Brady v. Maryland, 373 U.S. 83, 87 (1963) and its progeny. If at any point in the pretrial or trial proceedings a prosecutor discovers additional witnesses, information, or other material previously requested or ordered which is subject to disclosure and was not provided, the prosecutor should promptly notify defense counsel and provide the required information.

5. Prosecution of Juveniles

Similar to the prosecution of adult criminal cases, a Carbon County prosecutor will seek or file charges against a juvenile only if the prosecutor believes that the allegations are supported by probable cause, that admissible evidence will be sufficient to support the allegations beyond a reasonable doubt, and that the decision to charge the juvenile is in the interests of justice. Charges brought against a juvenile are patterned after the criminal code, but are considered civil proceedings.

The Carbon County Attorney’s Office works closely with Juvenile Probation and other agencies to determine the most appropriate course of action within the parameters of juvenile law, including whether the matter should be handled non-judicially, or if the juvenile should come before a juvenile court judge.

When making a determination on whether to prosecute juveniles as adults, Carbon County prosecutors will evaluate the facts and evidence, and will consult with and follow current Utah law.

6. Collection of Fines and Fees

The Carbon County Attorney’s Office does not collect fines or fees. The Court collects fines and fees. Some cases require a mandatory fine to be imposed (DUI for example). In these cases Carbon County prosecutors will follow Utah law. While we may recommend a fine or fee as a term of probation in other cases, we do not recommend them for the purpose of generating revenue. In each case, the prosecutor's aim is to do justice.

7. Criminal and Civil Asset Forfeiture Practice

The Carbon County Attorney’s Office will only seek the forfeiture of property in criminal cases where the prosecutor can prove beyond a reasonable doubt that the property has been used, or was intended to be used to commit a crime, or the property is proceeds of a crime.

8. Victim Services

The Carbon County Attorney’s Office has a full time Victim Advocate Coordinator who is dedicated to helping victims understand and navigate the criminal justice process. In addition to communicating with victims of crime, the Victim Advocate Coordinator helps set up meetings with prosecutors as needed, connects victims with outside resources, notifies them of court hearings, and coordinates restitution amounts that will be recommended to the court by the prosecutor.

The Carbon County Attorney’s Office also works closely with community based victim advocates to help serve victims of crime in our community.

9. Diversion and Restorative Justice Programs

The Carbon County Attorney’s Office has helped create and supports the Carbon County Drug Court. This problem solving court has a dedicated team who work with qualifying defendants that struggle with addiction. These programs allow defendants to get treatment while being supervised by the court and treatment team with the goal of having their charges dismissed or reduced upon successful completion of the program.

Rarely are two projects alike in the Civil Division and attorneys are constantly addressing new and challenging legal questions. They help with contract negotiations, resolve disputes throughout the County impacting government, and research and advise on various legal matters.

Civil attorneys also handle involuntary civil commitments on behalf of the Mental Health Authority and federal questions of law such as the Americans Disabilities and Equal Opportunity Commission legal matters. The Civil Division represents the Planning Commission and the County Council and Executive in addition to other legal matters within the purview of those government bodies.

Project Examples:

Of the many departments for which they do legal work, the following are the most active: 

• Development (land use and enforcement)
• Water (water law, legislation, water use planning and the canal restoration)
• Board of Health (public health law),
• County Clerk (election laws)
• County Auditor (liens, contracts, tax sales)
• Assessor (Board of Adjustments and tax appeals)
• Information Technology (contracts and GRAMA requests)
• Surveyor and Roads (public and private road issues)
• Airport Authority (lease and FAA matters)
• Fire (contracts and fire code)
• Human Resources (employment law)
• Sheriff’s Office (jail policy and procedure and litigation involving inmates)

Carbon County presently holds a contract with Price City to prosecute the City’s municipal cases, including Class B Misdemeanors and below. Meaning, if you are a defendant, victim, or witness, and have questions involving a case captioned Price City v. Defendant’s Name, please contact the Carbon County Attorney’s Office or Price City Police Department’s victim advocate, Debra Worley.

Price City Police Department:
https://www.pricecityutah.com/police-department.html

Four Corners behavioral Health

Utah Office of Vocational Rehabilitation

Workforce Services

Utah Courts

Seventh District Court

County Justice Court

Since 2018, the Carbon County Attorney’s Office has been able to assign all of its cases involving domestic abuse and violence against women to a single full-time deputy county attorney, who has worked closely with the County Attorney in handling these matters. The same prosecutor tasked with this assignment has been able to handle these cases since 2018.  These cases are what our office refer to as VAWA cases, and incorporates any case involving domestic violence, dating violence, sexual assault, and/or stalking.

The Carbon County Attorney’s Office prides itself on having a special prosecutor who has been able to devote a significant amount of her time toward developing the highly specialized skills of a prosecutor of crimes of abuse and violence against women. The special prosecutor works closely with local law enforcement and victim advocates to ensure that victims are kept apprised of the case, and are able to exercise their rights in accordance with the Utah Victims’ Bill of Rights.   

Victims’ Bill of Rights

UVU Domestic Violence Videos

Adult Probation and Parole
Carbon County Sheriff’s Office
East Carbon City Police Department
Helper City Police Department
Price City Police Department
Utah Division of Wildlife Resources
Utah Highway Patrol
Utah State University Eastern Campus Police
Wellington City Police Department

USARA - Utah Support Advocates for Recovery Awareness

Robert Oliver
(435) 637-6060
29 N. 600 E. Price
Utah 84501

Travis Blackburn
(435) 299-1410
461 E. Main Street
Price, Utah 84501

Shane Clifford
(435) 613-1010
80 S. Carbon Ave
Price, Utah 84501

How do I Request Discovery?

If you are defense counsel and have entered an appearance in the criminal matter, please feel free to call our office to speak with a secretary. If you are a Pro Se defendant, please send an email to cadistrict@carbon.utah.gov requesting discovery, and include the court case number, defendant’s name, and, if possible, the law enforcement case number. Our secretaries will process the request as quickly as they are able to accommodate. Some videos, photographs, or the like, may require the requesting party to pick up a hardcopy from the County Attorney’s Office. If that is the case, please try to schedule a time with our secretaries to ensure the information or item has been prepared and staff is available when you arrive.

How do I submit a GRAMA request?

If you are submitting a GRAMA request to the Carbon County Attorney’s Office pertaining to a criminal matter, please forward them to cadistrict@carbon.utah.gov. Payment shall also be included and may be mailed to 751 E. 100 N., Suite #2200, Price, Utah 84501. Failure to include payment may result in the request not being fulfilled.