The Utah Pattern of Unlawful Activity Act has both criminal and civil components. In a criminal case, the government is allowed to tack on “the costs of investigating and prosecuting the offense” if the prosecution is successful. Utah Code Ann. Section 76-10-1603.5 says:
(1) A person who violates any provision of Section 76-10-1603 [UPUAA] is guilty of a second degree felony. In addition to penalties prescribed by law, the court may order the person found guilty of the felony to pay to the state, if the attorney general brought the action, or to the county, if the county attorney or district attorney brought the action, the costs of investigating and prosecuting the offense and the costs of securing the forfeitures provided for in this section.
But what if the defendant is acquitted? Can the defendant get from the government his own “costs of investigating and [defending] the offense”?
Probably not, unless you’re in federal court. (The federal Hyde Amendment allows a vindicated criminal defendant to recover fees if the prosecution was groundless and in bad faith, vexatious, etc.) Utah does have a “reciprocal attorney fee” statute, but it is limited to civil cases, and only applies when a contract claims to allow just one of the parties to the contract to recover attorney fees:
A court may award costs and attorney fees to either party that prevails in a civil action based upon any promissory note, written contract, or other writing executed after April 28, 1986, when the provisions of the promissory note, written contract, or other writing allow at least one party to recover attorney fees. (Utah Code Ann. Section 78B-5-826.)