What is a motion to quash a bindover in Utah?
Before a
felony
charge (or class A
misdemeanor)
can be brought to trial, Utah criminal law requires that a preliminary
hearing* be held where a judge must determine whether there is probable
cause to believe that the charged crime occurred and that the defendant
is the one who committed the crime. If the judge finds that
there is evidence to support a probable cause finding, then the judge
will "bind over" the defendant for trial. A motion to quash
the bindover order is a motion challenging whether the evidence
presented at the preliminary hearing is sufficient to support the
finding of probable cause. Having an experienced
Utah
criminal defense attorney on your side can give you the best
chance of obtaining a successful outcome in your case.
The standard to support a bindover order is low. Although
both the prosecution and defense have the opportunity to present
evidence at the preliminary hearing, a judge is required to view all
evidence and testimony in the light most favorable to the prosecution,
and to draw all reasonable inferences in favor of the prosecution.
Further, the evidence must support only a finding of
"probable cause." The probable cause standard is much lower
than either a "proof beyond a reasonable doubt" standard, and even
lower than a civil "preponderance of the evidence" standard.
Even so, there are cases in which a judge incorrectly binds a case over
for trial. If a motion to quash the bindover is successful,
it has the same practical effect as having the entire case dismissed.
Based in Salt Lake City,
criminal
defense lawyer Stephen Howard offers legal services to
clients throughout Utah.
Contact us today to
schedule an initial consultation.
*Utah law does allow a grand jury to issue an indictment for the
charges without having a preliminary hearing involving the defendant.
However, grand juries are rarely used in Utah state court
system. The vast majority of Utah felony cases are filed by
Information, which triggers the right to have a preliminary hearing.

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