As a criminal defendant in Utah, you need to understand all aspects of a case, including the arraignment. Let us explain what you can expect from an arraignment, and help you navigate this crucial phase of a criminal case.
During an arraignment, you can expect the judge to read the charges filed against you. The judge will then ask you to enter a plea. Generally, defendants should plead not guilty, even if they are open to negotiating plea agreements. Next, the prosecution requests that bail be set at a certain amount, and the judge sets bail. When the arraignment is over, the defendant may be taken back into custody until bail is posted.
For a free case review from our Utah criminal defense lawyers, call Overson & Bugden at (801) 758-2287.
What Happens During a Criminal Arraignment in Utah?
After taking on your case, our lawyers can start preparing for your criminal arraignment. We’ll tell you what you can expect from this court appearance and what’s required from you as the defendant.
Judge Reads Charges
The first step in a criminal arraignment is the reading of the charges against the defendant. The judge will list the charges filed against the defendant. They will then ask the defendant if they understand the charges that have been filed against them. Our attorneys take the time to explain charges before arraignment, so defendants understand the seriousness of the situation and are aware of the potential consequences of conviction.
Defendant Enters Plea
Then, the defendant enters their plea. Defendants can either plead “guilty,” “not guilty,” or “no contest.” When defendants plead no contest, they accept a criminal conviction without admitting any guilt.
We may advise you to enter a not guilty plea during the arraignment, even if we end up negotiating a plea agreement with the prosecution. If we negotiate a plea, you can change your plea to guilty for less serious charges and consequences.
Let our Utah criminal defense lawyers advise you on how to plead during the arraignment so you do not unintentionally jeopardize your case in any way. This may be the first time you are in court and speaking before a judge, and we take that into consideration when preparing defendants.
Judge Sets Bail
After the defendant enters their plea, the prosecution will request that bail be set at a certain amount. If the amount is egregiously high based on the charges filed against you, we will request that the judge not comply and lower the amount. We may be able to persuade the judge to set bail at a lower, more affordable amount by explaining that this is your first criminal charge, you are not a flight risk, and you pose no danger to the community.
There may be additional bail conditions in addition to paying a certain sum. For example, a defendant may be required to follow no-contact orders, travel restrictions, and even a curfew. Violating any bail conditions may lead to the bail being revoked, so please listen carefully to the judge’s instructions. We will also remind you of them.
Some defendants get released on their own recognizance, meaning no bail is set, and they can await trial from home. If any bail amount is set, you won’t be released until the bail is posted.
In addition to advocating for fair bail on your behalf, we can inform your loved ones about the process of posting bail so that you may be released during the trial.
What to Expect After a Criminal Arraignment in Utah
We will also help you navigate everything that follows a criminal arraignment in Utah, whether you ultimately go to trial or accept a plea deal.
Preliminary Hearing
Preliminary hearings occur after arraignment, but only for felony and Class A misdemeanor charges in Utah. At the preliminary hearing, the judge determines whether there is probable cause to believe that a crime was committed and that the defendant is the perpetrator. If there is no probable cause, the judge may dismiss the charges against you.
Negotiating Plea Deals
As we learn more about the prosecution’s case and the evidence they have, we may entertain plea deals. We may negotiate a lesser charge or a reduced prison sentence as part of a plea deal, saving both the prosecution and the defense time and resources.
Not every defendant should accept or entertain a plea deal, especially if the prosecution has weak evidence of their alleged guilt.
If we negotiate a plea deal and you have already pleaded not guilty, you may change your plea to guilty. The judge does not have to respect the agreement made between the prosecution and defense, however, and can impose the maximum sentence for the specific charge. Do not enter a plea deal blindly, as it might not benefit you enough.
Going to Trial
When defendants do not accept plea deals after arraignment, the charges may go to trial. During a criminal trial, the prosecution must convince the jury of the defendant’s guilt beyond a reasonable doubt. We can build a defense that creates holes in the prosecution’s case and puts doubt in jurors’ minds.
The prosecution presents its case first, followed by the defense. Our attorneys only have defendants testify if we believe it will help them, and we always prepare them for what to expect on the stand.
Some criminal trials last weeks, while others last many months. The complexity of the case, the number of witnesses involved, and the volume of evidence to be reviewed may extend the length of a trial in Utah.
Getting Charges Dismissed
Even if you are arraigned on criminal charges in Utah, we may be able to get them dismissed before you go to trial. Challenging the prosecution’s evidence often benefits defendants. We can motion to suppress evidence obtained through illegal search and seizure, coercion, or other bad conduct by law enforcement. Discovering new evidence or providing alternative explanations that create substantial reasonable doubt might convince the prosecutor to drop the charges or the judge to dismiss them.
If charges are dismissed due to pretrial motions, during preliminary hearings, or otherwise before a jury is empaneled, the judge can dismiss them with or without prejudice. Dismissal with prejudice means the prosecutor may not refile them.
If charges are dismissed after the jury is empaneled, that is usually an acquittal. There, the Fifth Amendment protects against double jeopardy, stopping them from prosecuting you again for the same crime.
Call Our Defense Attorneys for Help with Your Criminal Case in Utah
For a free case evaluation from our Park City, UT criminal defense lawyers, call Overson & Bugden at (801) 758-2287.
