Do I need an attorney at an
arraignment hearing in Utah?
As a general rule, it is best to have the assistance of a
criminal defense attorney as
soon as you learn that you are a suspect in a criminal case. It may
not be absolutely necessary to have an attorney with you at your
arraignment hearing. But to avoid making a
mistake that will seriously hurt your case, you should first understand what will
happen at an arraignment.
Arraignment Hearings in Utah Criminal Cases
The first court hearing in a
misdemeanor
case is the arraignment. The arraignment serves several purposes. At an
arraignment hearing, the court is required to provide formal notice to
the defendant of the nature of the criminal charges filed against the
defendant. The court will inquire as to whether the defendant is
represented by
counsel, is planning to hire counsel, or is requesting the appointment
of a public defender. The court will also ask the defendant to enter a
plea of either guilty, no contest, or not guilty.
Why You Should not Plead Guilty at Arraignment
Entering a guilty plea or a no contest plea at the arraignment hearing
is often one of the biggest
mistakes
made by a person facing criminal charges in Utah.
If a defendant pleads guilty (or no contest) at an arraignment hearing,
the only significant issue left for the court to decide is what the
punishment will be. In
Utah misdemeanor cases, punishment can include substantial jail time
and the potential for thousands of dollars in fines. Pleading guilty at
an arraignment hearing without the assistance of an attorney deprives
you of the meaningful opportunity to obtain discovery and police
reports, to investigate, to file motions, to seek the suppression of
evidence, or to take the case to trial.
In
some courts, the prosecutor will not be present at the arraignment, and
your only options
will be to plead guilty as charged or not guilty. In
other courts, a prosecutor may be present and may sometimes make a plea
offer to
reduce the charges or make a favorable sentencing recommendation.
Even if a prosecutor makes a
plea
offer at an arraignment hearing, without the assistance of an
experienced criminal
defense lawyer you may not be able to immediately determine whether the
offer is a good offer or not. In some cases, a prosecutor may make an
initial offer that sounds good to an inexperienced defendant. But the
reality may be that a much better offer can sometimes be obtained after
conducting a thorough case analysis and developing a defense strategy.
By exposing potential holes in the prosecutor's case, an experienced
criminal attorney may be able to negotiate a better offer. Or you may
decide that the case merits setting a
trial.
Without the assistance of an experienced defense lawyer, you are at a
severe disadvantage in assessing the strengths and weaknesses of the
case.
Felony Arraignments in Utah
In a
felony
case, an arraignment is not held until after the case is "bound over"
for trial in the district court following a preliminary hearing or
waiver of the preliminary hearing. In a felony case, you
will normally have an attorney on the case long before the arraignment
occurs.
Finding an Experienced Criminal Attorney in Utah
The sooner you have an attorney involved in your
case the better your chances will be of obtaining a favorable outcome.
Choosing
the best Utah criminal defense lawyer for your case will be
one of the most important decisions you make.
Based in Salt Lake City,
criminal attorney Stephen
Howard has successfully protected his clients' rights in thousands of
serious felony and misdemeanor cases. His
track
record includes not guilty verdicts, dismissals, and
appellate reversals on cases as serious as aggravated robbery, child
kidnapping, first-degree felony drug distribution, white collar crime,
and many more.
Contact us now to
schedule an initial consultation with
Salt
Lake criminal defense attorney Stephen Howard.