In Utah, from Cottonwood Heights to Salt Lake City, the accused parties in felony and Class A misdemeanor cases are entitled to a preliminary hearing in order to determine whether police had probable cause to arrest and book them. Many individuals will wonder, “What is a preliminary hearing in Utah?” and a seasoned Salt Lake City criminal defense lawyer from Blackley & Wingad can answer that question and protect your rights.
While a preliminary hearing is not mandatory and the right can be waived by an accused individual and their legal team, a preliminary hearing does offer criminal defense counsel the opportunity to review the prosecution’s evidence that will be used to try and secure a conviction.
If you waive your right to a preliminary hearing, based on the facts of your case, you could be forfeiting the chance to learn about the case against you and develop an applicable defense strategy.
Understanding a Preliminary Hearing in Utah
In 2024, over 14 million criminal offenses were reported to the FBI, and around 98% of criminal cases ended in plea bargains rather than going all the way to trial. Additionally, Utah sees an incarceration rate of 86 per 100,000 residents. In felony and Class A misdemeanor cases, a preliminary hearing is one of the first steps taken toward an actual court case. It does not act as a full trial, but instead, is the first chance to see the prosecution’s case against you.
In serious felony offenses—like homicides, sex crimes, or domestic violence cases—a preliminary hearing can be critical to your later defense. Sometimes, a more simple assault case can be reframed as manslaughter, attempted murder, or even intentional homicide depending on how the prosecutors try to skew facts. For many accused parties, this is where your case will start to feel real and shift from alleged actions to what might actually be supported by law.
In a preliminary hearing, the prosecution will present evidence in order to determine whether there is probable cause to believe the alleged crime did happen and that the accused is the one who committed said crime. Your defense team then has the ability to respond and question any testimony or evidence that might be presented. If there are concerns as to the violation of your rights by law enforcement or other similar issues, they can be raised during this hearing.
What It Means to Waive Your Preliminary Hearing
In certain cases, you may decide to waive your rights to a preliminary hearing. This means that you are giving up the chance to question possible witnesses, preview potential evidence, and are allowing the case to move forward. Depending on the case, this could be seen as a strategic move, but it could also be detrimental to your defense. It is wise that you consult with an attorney before waiving these rights.
Reasons for Waiving a Preliminary Hearing in Utah
In rare cases, waiving the right to a preliminary hearing in Utah can work to your advantage. Your attorney may advise you to waive your right for any of the following reasons:
- Presence of unavailable or hostile witnesses. In situations where the prosecution’s case is strong, and witnesses are so committed to their stories once they testify that they may become angry or hostile, then refusing interviews might be a smart move. Additionally, if the prosecution intends to call forth witnesses at the preliminary hearing who are going to be unavailable for trial, by waiving the hearing, this testimony can be avoided.
- Stalling. Your defense may waive a preliminary hearing as a means of stalling. This can be done in hopes that by the time the case does reach trial, the prosecution’s witnesses have either forgotten details, gotten details confused, or have disappeared and are no longer reachable.
- Avoiding publicity. In cases where the accused plans on pleading guilty and wants to avoid publicity and public scrutiny, then this might be a good reason to waive any rights to a preliminary hearing.
If you are curious about your rights to waive a preliminary trial, it is wise not to take this action until you speak with an experienced defense lawyer from Blackley & Wingad.
FAQs
What Happens When You Waive a Preliminary Hearing?
After you waive your rights to a preliminary hearing in Utah, the case will be allowed to proceed to its next legal phase. In certain cases, this might be a trial. In other situations, a prosecutor may be more willing to offer a favorable plea deal in exchange for a defendant waiving their rights to a preliminary hearing.
Who Should Handle My Preliminary Hearing?
All aspects of a preliminary hearing, including whether or not you should waive your rights, should be left to the knowledge and experience of a criminal defense lawyer. Your lawyer is there to work in your favor and pursue the most optimal outcome available in your case. Trust their advice and allow them to handle every stage of your criminal case.
What Can the Defense Do During a Preliminary Hearing?
At a preliminary hearing, your defense team will be given an opportunity to take several actions. These actions can include hearing all of the key evidence of the prosecution, cross-examining crucial witnesses, identifying weaknesses in the state’s case against you, preserving testimony, and challenging whether or not the evidence supports every aspect of the charge.
Can a Case Be Dismissed Following a Preliminary Hearing?
Following a preliminary hearing, most cases do proceed forward. However, charge reductions and case dismissals can happen, especially when the evidence presented does not support all elements of the charges filed against the accused party. When testimony is inconsistent, there are legal concerns as to how evidence was obtained, or key pieces of evidence are missing, then a case may be dismissed.
Hire a Criminal Defense Lawyer Today
If you have been charged with a crime in Salt Lake City, you need to hire a criminal defense lawyer as soon as possible. With decades of trial experience, the defense team at Blackley & Wingad, Attorneys at Law, PLLC, is here to serve you. Contact our offices today to learn more about our aggressive advocacy and compassionate client approach.
