After someone has been arrested and charged with a crime in Utah, this man or woman typically gets a crash course in how the criminal justice system works in the jurisdiction. One of the immediate goals are to get out of jail on bail or on one’s own recognizance. The other is to hire a criminal defense lawyer who can achieve a successful outcome for the defendant.
The Preliminary Hearing
An early part of the proceedings in a felony case is the preliminary hearing. This provides an opportunity for the criminal defense lawyer to show there is not enough evidence to connect the defendant with the offense. Witnesses provide testimony and each lawyer makes their case.
Evidence
The prosecuting attorney wants to convince the judge there is probable cause, and the defense attorney has the opposite goal. The prosecution is required to present enough evidence to convince a judge that the case should proceed. However, this attorney is not required to provide enough evidence to prove the defendant is guilty beyond a reasonable doubt. That is not necessary until trial.
Favorable Outcomes
The judge may dismiss the case at the preliminary hearing stage. Another possibility is that the prosecution may reduce the charges if the evidence is insufficient for the original charges to stand. The defense attorney may realize that there is enough evidence to justify a trial, while the prosecuting attorney may know that the evidence is just shaky enough that the person could very well be found not guilty.
Plea Bargains
This is a time when a criminal lawyer and the prosecuting attorney can negotiate a plea bargain that satisfies both sides, as long as the defendant is willing to plead guilty. The defendant might plead guilty to reduced charges and avoid jail time, instead receiving a sentence of probation and community service.
A judge must approve this agreement between the defense lawyer and the prosecution at another hearing. The judge must verify that the defendant fully understands what is involved in a plea bargain. Essentially, the person is giving up the right to the presumption of innocence as well as the right to a fair trial. This is part of Utah’s Rules of Criminal Procedure.
Time Frame
The amount of time this process takes varies by state and by jurisdiction. Generally, in Utah, the preliminary hearing takes place within a week or two of the arrest. The trial may not begin until three or four months later.
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