What is a Preliminary Hearing in Utah?

Anyone charged with a crime in the United States is presumed innocent until proven guilty beyond a reasonable doubt. Before arresting a suspect, police must have probable cause to believe they committed a crime. In felony and Class A misdemeanor cases, to ensure police had probable cause, defendants are entitled to a preliminary hearing.

While the preliminary hearing is not mandatory and can be waived by the defendant, it is an opportunity for a criminal defense counsel to preview the evidence the prosecutor will present to try to convict you. Waiving the preliminary hearing forfeits an opportunity to learn about the prosecutor’s case and develop a strategic defense to combat the evidence against you.

What Is a Preliminary Hearing?

The preliminary hearing requires that the prosecutor present evidence to prove they have probable cause to believe the defendant committed the crime they were charged with. In Utah, a preliminary hearing is only required in felony and Class A misdemeanor cases. If the judge determines there is probable cause, the case will be bound over for trial.

The preliminary hearing is not mandatory and can be waived by the defendant. Prosecutors routinely ask criminal defendants to waive the preliminary hearing requirement. You should not consent to waive the preliminary hearing until you have consulted with experienced criminal defense counsel.

In most criminal cases, the state has probable cause, meaning there is enough evidence to move forward with the case. Therefore, the preliminary hearing serves primarily as an opportunity for the defense to evaluate the state’s evidence to see how strong their case really is and begin preparing a defense.

What Is the Purpose of a Preliminary Hearing?

Taking a serious criminal case to trial can be a long and complicated process. The preliminary hearing requirement ensures there is probable cause to believe the defendant committed the crime they were charged with. The preliminary hearing requirement is intended to avoid wasting time, resources, and money on a case that lacks sufficient evidence.

There is no finding of Guilty or Not Guilty after a preliminary hearing. Instead, the hearing is used to determine whether there is enough evidence for the case to proceed to trial. If the court determines there is no evidence the defendant committed the crime, it will dismiss the case.

What Happens at a Preliminary Hearing?

The preliminary hearing is a mini-trial where the prosecutor calls witnesses and presents evidence. The judge will decide whether there is probable cause to proceed with the case. Defendants generally do not present evidence at the preliminary hearing, but they are allowed to question witnesses.

What Is the Burden of Proof at a Preliminary Hearing?

The burden of proof at the preliminary hearing is much lower than at trial. The prosecutor must simply show there is evidence suggesting it is “more likely than not” that the defendant committed the crime. This burden of proof is much lower than the standard of beyond a reasonable doubt, which is required in a full criminal trial.

In addition, all evidence presented at the preliminary hearing will be interpreted in a way that favors the prosecution, and the court is required to draw reasonable inferences in the government’s favor. Even if the defendant presents evidence, it will not be weighed equally at this stage. The judge’s only focus is determining whether probable cause exists.

How Can a Lawyer Help at a Preliminary Hearing?

You are not required to have a criminal defense attorney represent you at the preliminary hearing or any other phase of a criminal case. But by not hiring an attorney, you waste an opportunity to preview the evidence the prosecution has and will present at trial to try to convict you.

A skilled defense attorney can challenge the evidence presented. If the prosecution does not establish probable cause, the case will be dismissed before it even gets to trial. Even if your case is not dismissed, you and your lawyer will have had an opportunity to preview the prosecution’s case, which can be helpful in preparing your defense.

With over 40 years in practice, the criminal defense attorneys at Douglas D. Terry & Associates have extensive experience representing clients in all phases of the criminal process. Our lawyers are highly skilled at questioning witnesses, and we know how to approach a preliminary hearing for maximum effectiveness.

What Happens After the Preliminary Hearing?

If the judge determines there is no probable cause, your case will be dismissed, and the matter will end there.

If the judge determines probable cause existed, as occurs in most felony cases, the case will move to arraignment where you will be asked to enter a plea of Guilty or Not Guilty. If you were charged with a Class A misdemeanor, your arraignment occurred during your initial appearance.

In almost all felony criminal cases, our criminal defense attorneys will advise you to enter a plea of Not Guilty, and the case will be set for a scheduling conference. The judge will set due dates for motions to suppress evidence and other pre-trial motions, and set the case for a trial date. We will continue to gather evidence and negotiate with the prosecutor as we work to negotiate a plea deal. If a satisfactory plea bargain cannot be reached, we will take your case to trial.

Contact Douglas D. Terry & Associates Today

If you were charged with a crime in Southern Utah, do not waste the opportunity to learn about the state’s case. Experienced legal counsel can help you take advantage of the preliminary hearing and prepare a compelling defense strategy.

Douglas D. Terry & Associates has defended people accused of crimes in Southern Utah for over 40 years. Contact our law office today to schedule a confidential appointment to discuss your situation and begin preparing your legal defense.