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Reasons for Hope Facing Criminal Charges

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.

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Selected Victories
Dismissed - Contractor was charged with theft by deception for allegedly misusing customer funds and failing to complete work that had been agreed upon. A successful motion to quash on legal grounds following the bindover order at preliminary hearing resulted in a complete dismissal of all charges.
Dismissed on Appeal - DUI case was dismissed after a successful appeal where the Utah Court of Appeals reversed the trial court's denial of the defense motion to suppress. Without the suppressed evidence, the prosecutor acknowledged that they did not have sufficient evidence to proceed to trial and the case was dismissed.
Felony Reduced - Client with prior felony conviction was granted a 402 reduction to the misdemeanor level over the objection of the prosecutor. Based on information provided to the court in support of the defense motion, the judge ruled in favor of the defense.
Probation - Client charged with aggravated robbery based on allegations he entered a store with a gun and mask and demanded cash. Client confessed to police before hiring a defense attorney. Defense mitigation efforts resulted in a negotiated resolution that removed life in prison as a possibility, and secured a probation sentence from the court.

Recent Posts
How is drug paraphernalia defined in Utah? - The definition of drug paraphernalia under the Utah criminal code looks at both the nature of the object and also the intended use of the object in question. . . .
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. . . .

Successfully defending against criminal prosecution requires more than just an 'aggressive' defense. The best defense attorneys understand that a sophisticated defense requires a thorough understanding of a variety of nuanced legal issues, real experience in the courtroom, good negotiation skills, and much more. Fighting hard is good. Fighting smart is better....

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 »

Conviction Consequences - Utah Criminal Defense

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 »

Facing criminal prosecution in Utah can feel like your world is collapsing. But there are reasons to remain hopeful, and there are things you can do right now that can help increase the odds of a successful outcome. An experienced criminal defense attorney can help you evaluate the various options you have, and can help you....

Reasons to Hope »

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

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