Prosecution Policy

1. Screening and Filing Criminal Charges

An Iron 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, 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 or sufficiency of the evidence, the prosecutor should disclose those doubts to supervisory staff. The office will then determine whether it is appropriate to proceed.

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

2. Plea Bargain

Prosecutors have discretion to negotiate a plea bargain or not. The purpose of plea negotiations is to ensure justice is done in a fair and efficient manner. Factors include victim input, community safety, defendant’s criminal history, and strength of the evidence.

3. Sentencing Recommendations

Prosecutors will recommend sentences that hold defendants accountable and serve the interests of justice, considering victim restitution, community safety, prior history, and any mitigating or aggravating factors.

4. Discovery Practices

The Iron County Attorney’s Office has an open file policy to promote truth-seeking and protect the rights of both victims and the accused. The office provides relevant, unprivileged information known to the prosecutor and redacts information only when necessary to protect victims or witnesses.

Prosecutors comply with Rule 16 of the Utah Rules of Criminal Procedure, acting in good faith to minimize surprise, allow effective cross-examination, and uphold due process.

Iron County prosecutors make timely disclosure of exculpatory and mitigating evidence as required by Brady v. Maryland, 373 U.S. 83 (1963). Any new material discovered after prior disclosures will be promptly provided to defense counsel.

5. Prosecution of Juveniles

Juvenile charges are filed only if supported by probable cause and evidence beyond a reasonable doubt, and if doing so serves justice. The office works with Juvenile Probation and other agencies to determine whether cases should be handled non-judicially or through court.

Decisions to prosecute juveniles as adults are made after evaluating facts, evidence, and current Utah law.

6. Collection of Fines and Fees

The Iron County Attorney’s Office does not collect fines or fees. The courts handle collection. While prosecutors may recommend fines in some cases as terms of probation, they do so only to promote justice, not to generate revenue.

7. Criminal and Civil Asset Forfeiture Practice

The office seeks forfeiture only where it can prove beyond a reasonable doubt that property was used to commit a crime or represents proceeds of a crime.

8. Victim Services

The Iron County Attorney’s Office employs a full-time Victim Service Coordinator who assists victims throughout the justice process — explaining proceedings, arranging meetings, coordinating restitution, and connecting victims with resources.

The office also works closely with community-based victim advocates to ensure comprehensive support.

9. Diversion and Restorative Justice Programs

The office supports Iron County Drug Court and Mental Health Court programs, which help qualifying defendants receive treatment under supervision. Successful completion can result in reduced or dismissed charges, aligning accountability with rehabilitation.