Procedural Outline of a
Utah Misdemeanor Case
This web page is part of a series of pages presenting an
overview of case procedures
in Utah's criminal court system. If you have been charged with a crime,
it is important to have the assistance of an experienced
criminal defense attorney.
Based in Salt Lake City, Stephen Howard has successfully protected his
clients' rights in thousands of cases ranging from homicide to white
collar crime, and virtually everything in between.
Contact us today to schedule an initial consultation.
Misdemeanor Arraignment
The first hearing in a Utah
misdemeanor case
is the arraignment. At this hearing, the court will provide formal
notice to the defendant of the nature and number of charges that have
been filed by the prosecutor. The defendant will be given a copy of the
Information - the formal charging document filed by the prosecutor.
Because the prosecutor has discretion in deciding which charges to
file, the Information may contain more, different, or fewer charges
than what was originally listed on the citation or what the defendant
was originally booked on at the jail.
At the arraignment hearing, the court will also ask the defendant to
enter a plea of guilty or not guilty. One of the biggest
mistakes
made in a Utah misdemeanor case can be entering a guilty plea at an
arraignment hearing. Doing so deprives the defendant of the opportunity
to test the prosecutor's case at trial, or alternatively to engage the
prosecution in a meaningful negotiation to determine whether a
negotiated resolution may provide a better result. Having the
assistance of an experienced attorney is critical to determining the
best defense strategy for the case.
Under Rule 11 of the Utah Rules
of Criminal Procedure, a defendant cannot be required to enter a plea
until the defendant has first had a reasonable opportunity to consult
with a defense attorney. If a defendant has not had yet hired a
criminal defense attorney, a defendant may ask the judge for additional
time to obtain counsel, or the defendant may enter a not guilty plea.
There
are sometimes exceptional circumstances where entering a guilty
plea at an arraignment may be in the defendant's best interest. But it
is important to have the advice and assistance of an experienced
criminal defense attorney before making such a decision.
Next: Formal
Discovery Requests
Previous:
Jail
Booking and Release - Bail and Bond Options
Main: Outline
of Utah Criminal Case Procedures
Choosing the Right Utah Criminal Defense Attorney in
Salt Lake
Misdemeanor criminal charges in Utah carry the possibility of extended
jail
sentences and
thousands of dollars in fines. Having the right
criminal
defense attorney on your side can be critical to achieving
the best outcome for your case.
Based in Salt Lake City,
criminal defense lawyer
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 in some of the
most serious charges on the books in Utah.
Contact us now to arrange
for an initial consultation for your Utah criminal case.