Utah Court Rules Amended to Require Preliminary Hearings for Class A Misdemeanors
Effective April 1, 2012, the Utah Rules of Criminal Procedure will be amended to conform with the requirements of the Utah Supreme Court's decision in the case of State of Utah v. Hernandez, 2011 UT 70. In Hernandez, the Utah Supreme Court held that the Utah State Constitution provides for the right to a preliminary hearing for both felony charges and class A misdemeanors (in cases where the charges are not filed based on a grand jury indictment).Historically, preliminary hearings had been held in class A misdemeanors. But as certain procedural changes were made in the way criminal cases were handled in the Utah court system, preliminary hearings for class A misdemeanors came to an end. The Utah Supreme Court in Hernandez essentially held that, while the procedural rules had changed, the state's constitution had not changed. Thus, although the Utah Rules of Criminal Procedure no longer required preliminary hearings for class A misdemeanors, the state constitution still did.
Upon the issuance of the Utah Supreme Court's opinion, Utah criminal defense attorneys immediately began demanding that preliminary hearings be held for class A misdemeanor cases. The Utah court rules will now conform to the constitutional requirement of a preliminary hearing for class A misdemeanor charges.
Finding the Right Criminal Defense Attorney
If you are facing criminal charges in Utah, you deserve to have an experienced criminal defense lawyer on your side. As a Salt Lake criminal defense lawyer, Stephen Howard offers legal services to clients throughout Utah. Contact us today to schedule an initial consultation.RELATED CRIMINAL DEFENSE TOPICS
- What happens at a preliminary hearing in a Utah criminal case?
- How do I find the best criminal attorney to handle my case?
- What You
Need to Know - Choosing an Attorney
- Avoiding Common Mistakes
- First-Time
Offenders
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Offenders
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Clients
- What to Expect in Court
- Potential Penalties
- Reasons for Hope
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- Felonies / Misdemeanors
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- Jury Trials / Bench Trials
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- Selected Victories
Not Guilty - Client was charged with aggravated assault for alleged attack using broken bottle as a weapon. Despite the testimony of numerous prosecution witnesses, thorough defense investigation to support a self-defense claim resulted in acquittal by jury at trial.
Dismissed -
Client facing first-degree felony drug distribution
charge and potential life in prison. Charges were based on allegations that client had sold drugs to an undercover police officer, then made a full confession. Successful mitigation work
resulted in negotiated offer of misdemeanor plea-in-abeyance and
ultimate dismissal of case.
Released - Client absconded for more than 10 years from felony probation with
Adult Probation and Parole. At an order to show cause hearing, prosecutor argued aggressively for prison. Based on effective mitigation efforts by the defense, the judge agreed to release client without further jail.
Dismissed - Client
facing first-degree felony charge and possible life in prison for child
kidnapping. Full defense
analysis of the case revealed critical legal flaws in the prosecution's case. When confronted with the defense legal analysis, the prosecutor agreed to dismiss the case outright without trial.
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should I do if I am arrested for DUI? - Many DUI cases begin as minor traffic stops. But the consequences of a DUI conviction are much more serious than an ordinary traffic citation. If you are pulled over for a suspected DUI, you have specific important constitutional and statutory rights that can protect your. . . .
Can
I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve
the case without returning to the state. . . .
Aggressive is good. Effective is better. The best defense strategy in any given criminal case can require in-depth analysis of the facts and a thorough understanding of applicable statutes, case law, and complex procedural and evidentiary rules. Having an experienced attorney on your side....
Strategy »
With decades of combined experience, our criminal defense team attorneys have the knowledge, skill, and determination to help you achieve the results you need. Facing criminal prosecution in Utah can have serious consequences. Choosing the best attorney to defend your case may be one of the most important decisions you will ever make....
Experience »
In Utah, even a "minor" misdemeanor conviction carries the potential for jail time and significant fines. A felony conviction carries the potential of lengthy prison terms and the various consequences that come with being labeled as a convicted felon. Never plead guilty without first finding out....
Consequences »
Clients sometimes ask what the "worst case scenario" is for their charges. We prefer to take a more positive approach. Facing criminal prosecution in Utah can have serious consequences. But you can take steps and make choices right now that will improve your chances of a positive outcome. Let us help you....
Reasons to Hope »
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Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.
Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041
Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.
In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.
Stephen W. Howard, PC
Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041
Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.
In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.
Stephen W. Howard, PC
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