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Utah Rep. Justin Miller, who pleaded guilty last week to a felony count of fraud, was booked at the Salt Lake County Metro Jail late Thursday and immediately released on his own recognizance.
Miller, 35, surrendered about 9:20 p.m. to have his fingerprints and mug shot taken, according to jail officials.
The charge, stemming from allegations Miller embezzled money from Salt Lake County Mayor Ben McAdams' campaign, was filed Oct. 9. Miller pleaded guilty to the count that day in front of a state court judge in Salt Lake City and said he would resign his District 40 House seat in early November.
Communications fraud is a second-degree felony, and Miller faces a potential prison term of one to 15 years when he is sentenced Dec. 18.
Under the terms of Miller's plea, if he pays restitution in full before the hearing, he could be sentenced to a lesser, third-degree felony, which is punishable by up to five years in prison, court papers say.
Additionally, if a judge orders a suspended sentence, Miller could avoid prison and serve only probation. The agreement allows for a further reduction of Miller's sentence — to a class A misdemeanor — on his permanent record if he successfully completes probation
Miller, a Democrat, announced his resignation Oct. 9, but that will not be effective until Nov. 11. Democratic delegates will meet later this year to pick a replacement in the district that covers parts of Salt Lake City, South Salt Lake, Millcreek, Murray and Holladay.
According to court documents, Miller admitted to having written himself a check from the campaign for nearly $25,000, reimbursement for a campaign expense he planned to pay for using his American Express card. But when the caterer refused to take American Express, Miller wrote the company another check from the campaign and did not repay the funds.
At the time of his guilty plea, Miller said he took full responsibility for his actions. He also said he is continuing to cooperate with an ongoing investigation into Salt Lake County, an indication that the charges against Miller may not close the book on accusations and countercharges that flew back and forth between Miller and McAdams.
Miller previously had accused the McAdams administration of being too close with Exoro, a public-relations and lobby firm that ran McAdams campaign and later was awarded a $100,000 county contract through a competitive bidding process.
District Attorney Sim Gill issued a statement saying as far as he knows there is no federal investigation of the county and he said Miller has proven he can not be trusted.
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