In Utah criminal cases, the defendant (the person accused of the crime) has several kinds of hearings before going to trial. The exact process depends on whether a person are accused of a misdemeanor (with penalties up to 365 days in jail) or a felony (where the penalty can exceed 365 days).* District Courts handle felony and class A misdemeanor cases (and class B and C misdemeanor cases that arise from the same events), while class B and C cases are initially handled in Justice Courts.
Much of this information is available at the Utah Courts website.
First Appearance/Initial Appearance
In felony (and possibly Class A Misdemeanor*) cases, the defendant’s first hearing is an initial appearance. At this first appearance, the defendant is notified of the charges and may be advised of his or her rights by a magistrate. The court also sets a date for a preliminary hearing, which the defendant may waive (choose to give up). An initial appearance can be treated as a roll call hearing as well.
Roll Call
Also in felony cases, defendants have what is called a “roll call” hearing. Traditionally this was used to ensure that the person being charged was in fact the same person who should be charged. As an example, there are probably several people named “Mary Smith” or “Jon Anderson” in a given jurisdiction, so the court wants to be certain that the right person is charged. In more modern terms, a roll call gives defendants and their attorneys an opportunity to negotiate a settlement with prosecutors before a preliminary hearing.
Preliminary Hearing
In felony and class A misdemeanor* cases, a preliminary hearing is held. In some ways, a preliminary hearing is like a “mini-trial” to determine whether probable cause exists (whether it is more likely than not) that (1) a crime was committed and (2) the defendant is the person who committed the crime. At the hearing, the judge hears witness testimony and evidence and makes a decision. If the judge decides there is not probable cause, the case is dismissed. If the judge decides there is probable cause, the defendant is “bound over” for trial, and the case is set for arraignment.
Arraignment
This is the first hearing for class B and class C misdemeanors. In felony and class A misdemeanors, this happens after the preliminary hearing is either held or waived by the defendant.
At an arraignment, the judge reads the charges to the defendant, who must then enter a plea of “guilty,” “not guilty,” “no contest,” or an “Alford plea.” As theUtah Courts website explains, “If the plea is ‘guilty,’ the defendant will be scheduled for sentencing. If the plea is ‘not guilty,’ a pretrial conference and trial dates are usually scheduled. A ‘not guilty’ plea preserves all of the defendant's options.” Further, a “no contest” plea “has the same procedural effect as a guilty plea, but rather than admitting guilt, the defendant admits that the prosecutor would likely prevail at trial.” Finally, an “Alford” plea “may be used when the defendant wants the advantage of a plea bargain, but cannot or will not admit guilt. Instead, the defendant pleads to avoid the potential consequences of going to trial, and pleads without admitting guilt.” Some judges will not accept "no contest" pleas and/or "Alford" pleas.
Pre-Trial Conference
At this hearing, the prosecutor and defense attorney attempt to negotiate an agreement. Often, this is a plea bargain of some kind where the charges or the recommended penalty are reduced. The plea bargain cannot go forward unless the defendant agrees to it. The judge is not involved in the negotiation process, but decides whether to approve the proposed plea bargain. If the prosecutor, the defendant, and the judge all accept the plea bargain, the defendant enters a plea (either at a new arraignment, a change of plea hearing, or at a disposition hearing, which are very similar things) and the case is set for the defendant’s sentencing. If a case is not settled, it is set for trial.
Trial
A criminal trial comes down to a few key parts. First, if there is a jury, the jurors will be selected. Then the prosecutor and defense can give opening statements. The prosecutor presents evidence and witnesses to prove their case, and then the defendant presents evidence to disprove the prosecutor’s case. The prosecutor can try to present proof to overcome the defendant’s claims and witness statements; this is called “rebuttal.” The judge may allow the defendant to try to rebut the rebuttal as well. After the witnesses and evidence are presented, the judge gives instructions to the jury, then the prosecutor and defendant give their closing arguments. The jury deliberates (considers the evidence and jury instructions) and makes a decision called a verdict. In a criminal case, the verdict must be unanimous. If the verdict is “not guilty,” the case is dismissed. If the verdict is “guilty,” the case is set for sentencing. The verdict may also be “guilty and mentally ill” or “not guilty by reason of insanity.” If the jury cannot come to an agreement, the judge can declare that it is a “hung jury,” declare that there is a problem with the trial that invalidates it (a mistrial), and order a new trial.
Sentencing
After a guilty verdict or plea, the defendant has the right to be sentenced in no less than two days or more than 45 days after conviction. The defendant has the option to give up that right and be sentenced on the day of conviction.
* In the recent case of State of Utah v. Victor Hernandez (link to pdf), the Utah Supreme Court stated that defendants for class A misdemeanor cases also have the right to a preliminary hearing. How this ruling affects the procedure for handling class A misdemeanors is not yet clear, however.
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