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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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What exactly is a summons and what exactly is the summons process

Customer Question

What exactly is a summons and what exactly is the summons process in Utah?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Samuel II replied 4 years ago.


A summons is a request for your appearance at a hearing or trial of some sort. This is different from a Subpoena, which is a Court Order for your appearance.

The process for a summons is it can be handed to you, taped to your door or mailed to you.

Please let me know, if you have other questions in this regard.

Thank you

Samuel II and 3 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
If someone was caught with a stolen car and stolen property red handed and then telling the cops someone else stole the car, can there be charges made upon someone else whom had no involvement with steeling anything on the bases of hear say? Is there something along the lines of malicious procecution?
Customer: replied 4 years ago.

Why would it say I need to go in for a book and release on the summons?

Expert:  Samuel II replied 4 years ago.

Well, yes, there is malicious prosecution. But being charged is not a basis for that.

Would you like to tell me what has happened and maybe I can help sort this out for you

A book and release means that you will not be arrested. A summons can also be if you are being charged and not arrested.
Customer: replied 4 years ago.
why would I be charged but not arrested?
Customer: replied 4 years ago.
let me get my papers and I will be able to tell you more about this. I appreciate your time and help.
Expert:  Samuel II replied 4 years ago.

Many times a person gets a summons with a charge on it. It is not an arrest. They are then given a hearing date to appear.

It means the charge is based on probable cause - maybe hearsay, as you suspect. That is why it is not an arrest. You will go to court and the State will show what they have as evidence and you plead Not Guilty. They have to prove the case beyond a reasonable doubt