Davis County Attorney

The Davis County Drug Court Program began in July of 1999. This program includes an intensive treatment schedule, weekly court appearances and random drug/alcohol testing. The program is open to non-violent adult men and women who have a prior drug conviction and show a desire to enter into treatment. This most effective program has a retention rate of over 70% and a low (30%) recidivism rate. The recidivism rate is approximately one-half of that of the general drug offending population. Violent offenders and drug dealers are not eligible.

The Davis County Drug PIA / DIVERSION Program began in June of 1993. This program includes a weekly basic drug education treatment schedule, periodic court appearances and random drug/alcohol testing. The program is open to non-violent adult men and woman who are first time drug offenders (users but non-dealers) and show a desire to enter into treatment. The benefits of this program are that first-time drug offenders are held accountable for their illegal actions through their participation in treatment programs and payment of Court fees. They are also offered the opportunity to develop insight into the psychological, social and environmental conditions that may have contributed to their drug abuse. They are provided assistance in the development of lifestyles and values that can bring them back into the mainstream of society. This program allows the defendant the opportunity to have the charge dismissed upon successful completion of the program and a sufficient passage of time. Drug dealers and violent offenders are not eligible.

The Davis County Plea in Abeyance Program is designed for non-violent offenders who have no prior convictions. It may be offered as a plea negotiation based upon the severity of the offense. The benefits of this program are that first time offenders are held accountable for their illegal actions through their participation in a treatment program designed to fit the offense they committed and payment of Court fees. The program allows the defendant the opportunity to have the charge dismissed and avoid a possible misdemeanor/felony conviction if they successfully complete all terms and conditions their guilty plea.

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Aggravated murder, other types of homicides, and first-degree aggravated felonies require significant attention. The trauma to victims and the community, the costs associated with such prosecutions, and the potential consequences for the defendant (life in prison or death penalty sentences), require a team-oriented, systematic approach to handling these matters. We assign at least two attorneys, an internal investigator, victim advocates, a legal secretary, a law clerk, and the lead detective from the particular law-enforcement agency to each of these cases. Preparation and strategy meetings are held early and often. Concentrated resources are allocated in order to effectively prosecute these serious cases. 

In addition, we remain focused and actively involved with undercover agents and detectives in curtailing internet and other forms of child pornography and child abuse. We allocate special resources and work with the Children's Justice Center on these cases. 

We have an on-going policy of prioritizing domestic violence (DV) cases. Most homicides that have occurred in Davis County are DV-related. The stress and impact from DV on homes and families is alarming. A specifically trained and top-notch prosecutor is assigned to specialize in the handling of such cases. 

Also, the Davis County Attorney's Office is concerned about significant financial and identity theft crimes. We concentrate on holding defendants accountable while obtaining restitution for victims to the degree possible.

The Davis County Attorney's Office has a policy of aggressively pursuing gang members and gang-related crime and seeking enhanced penalties, with the objective of relocating gang members from the community at large to jails and prisons. 

Technology and resources, including software and a database, are being developed and allocated for tracking and aggressively prosecuting these cases. We are working with allies and leaders in law enforcement and the community, as well as with knowledgeable county residents to accomplish our gang-related objectives. We are currently proactively working with City Mayors, the Davis County Commission, and the Davis County Police Chief's Association on a county-wide Information Sharing Gang Network. 

The office has implemented a policy for handling gang-related offenses by allocating significant resources and specially trained prosecutors to handle these matters. The Davis County Attorney's Office and law enforcement want to know who the gang members are that live here, where they are, and what they are doing in order to hold them accountable and deter them from wanting to move in or stay.

Our Victim Services Division provides critical services and information to victims of crime in Davis County, including children, victims of domestic violence, families of murder victims, and victims of other crimes as outlined in the Victim's Bill of Rights (found in the Utah Code). 

This division provides assistance concerning the court process, notifications of court hearings, updates on discussions between the prosecution and the defense, and schedules appointments with assigned prosecutors. Advocates also provide victims with information about community based resources that may assist victims. 

Significantly, the Davis County Attorney's Office has implemented policy changes by adding additional language to written "plea affidavits" filed with the court. The purpose of the added language is to assist in collecting restitution for victims and recoupment for taxpayers of costs for Davis County Government (the jail, transportation costs, and public defender fees when defense counsel is appointed). Victim advocates coordinate the information-sharing needed for this process.

One of the most significant issues facing society and the criminal justice system concerns the handling of mentally ill offenders. The Davis County Attorney's Office has led the way to pending implementation of a specialty court to deal with such defendants in our county. Davis County Judges, the Davis County Commission and Davis Behavioral Health (DBH) all enthusiastically support a mental health court. 

Mental health issues have a tremendous impact on the criminal justice system and agency budgets. Mental Health Courts focus resources already on hand in a more effective manner to get better results for society without costing you more $ because the defendants are already in the criminal justice system. The program does not create more cases or defendants; like drug court, it deals with already existing defendants in a more effective manner by targeting their underlying mental-health problems. Consequences and convictions are still a part of the program along with treatment, needed medications, counseling, and weekly court appearances where a judge reviews their progress or imposes sanctions for failures. 

Violent offenders who commit aggravated offenses, or those who commit registrable sex offenses, are not eligible for Mental Health Court.

The Davis County Attorney's office is primarily guided in all prosecutorial activities by the Constitutions of the United States and the State of Utah.

To the extent that they are consistent with the policies and procedures outlined in the above cited documents, the Davis County Attorney's Office has also adopted the National District Attorney's Association (NDAA) and American Bar Association (ABA) standards for prosecution.

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