What Happens After You’re Arrested in Davis County, Utah?

If you’ve been arrested or charged with a crime in Davis County, you’re probably asking the same question we hear from new clients every week:

“What happens now?”

For most people, this is their first experience with the criminal justice system. Between unfamiliar legal terms, multiple court dates, and uncertainty about what comes next, it’s easy to feel overwhelmed.

The good news is that while every criminal case is unique, most cases in Davis County follow a similar path. Understanding that process can help you make informed decisions, avoid common mistakes, and better understand how an experienced criminal defense attorney can help at every stage.

One thing is important to understand from the beginning:

A criminal case is rarely won or lost at a single court hearing.

Instead, the outcome is often shaped by dozens of strategic decisions made throughout the case—from the initial investigation through negotiations with the prosecutor, legal motions, and trial preparation. While court hearings are important, much of the work that affects the outcome happens outside the courtroom.

At a Glance: The Criminal Justice Process in Davis County, Utah

Although every case is different, most criminal cases in Davis County follow a path similar to this:

• Investigation
• Arrest or Citation
• Charges Filed
• Initial Appearance
• Arraignment
• Discovery Review
• Preliminary Hearing (Most Felony Cases)
• Pretrial Conferences & Motion Practice
• Resolution Through Dismissal, Plea Agreement, or Trial
• Sentencing

Some cases move quickly. Others take months to resolve. Some are dismissed. Others proceed to trial.

The key is understanding what each stage is designed to accomplish.

Criminal Investigation and Police Contact

Every criminal case begins with an investigation.

Sometimes an officer witnesses an offense and makes an arrest or issues a citation immediately. In other situations, law enforcement spends weeks or months gathering evidence before charges are filed.

Depending on the allegations, investigators may:

• Interview witnesses.
• Review surveillance video.
• Collect physical evidence.
• Execute search warrants.
• Analyze phones or computers.
• Request an interview with the person under investigation.

What Should You Do if Police Want to Talk to You?

One of the biggest mistakes people make is assuming they can simply “clear things up” by talking to investigators.

If law enforcement contacts you and asks to speak about a criminal investigation, it’s important to take the situation seriously—even if you believe you’ve done nothing wrong or think you can simply “clear things up.” Anything you say may become part of the evidence in a criminal case, and seemingly innocent statements can later be misunderstood or taken out of context. You generally have the right to decline an interview and to consult with an attorney before answering questions. An experienced criminal defense attorney can explain your rights, communicate with investigators when appropriate, and help you make an informed decision about whether and when to speak with law enforcement based on the specific facts of your case.

Practice Insight

One of the greatest advantages of hiring an attorney early is that your attorney can begin protecting your rights before charges are ever filed. That may include communicating with investigators, preserving favorable evidence, and helping you avoid decisions that could unintentionally make your case more difficult.

Arrest, Citation and Booking

If law enforcement believes probable cause exists, you may be arrested or issued a citation requiring you to appear in court.

If you are arrested, you’ll typically be booked into jail before appearing before a judge.

What Happens During Booking?

• Fingerprinting
• Photographs
• Recording identifying information
• Documenting the alleged offense

Will I Stay in Jail?

Depending on the circumstances, you may be released or remain in custody until your first appearance.

How Criminal Charges are Filed

Who Decides Whether Criminal Charges Will be Filed?

After reviewing the available evidence, the prosecutor decides whether formal criminal charges should be filed.

Those charges are allegations—not convictions.

Every person accused of a crime is presumed innocent, and the State bears the burden of proving guilt beyond a reasonable doubt.

Practice Insight

The initial charging document is not necessarily the final version of the charge. As additional evidence is reviewed, legal issues are raised, or negotiations occur, charges may sometimes be amended, reduced, or dismissed.

What Happens at your First Court Hearing?

If you’ve been arrested, your first court hearing is usually called the initial appearance or first appearance.

This hearing is not your trial.

Instead, the judge generally:

• Advises you of the charges.
• Explains your constitutional rights.
• Addresses release conditions if necessary.
• Determines whether you qualify for appointed counsel.
• Schedules future court dates.

Most initial appearances last only a few minutes.

Although the hearing itself is brief, decisions made at this stage—particularly regarding release conditions and scheduling—can significantly affect what happens next.

Arraignment

The arraignment is the hearing where you are formally advised of the charges and asked to enter a plea.

Most defendants plead not guilty at this stage.

A not guilty plea preserves your rights while your attorney reviews the evidence, investigates the allegations, and evaluates the best strategy moving forward.

Entering a not guilty plea does not prevent your case from later being resolved through negotiations if that is in your best interests.

Discovery and Building Your Defense

Discovery is often the longest stage of a criminal case.

During discovery, the prosecution provides evidence that may include:

• Police reports
• Body camera footage
• Witness statements
• Laboratory reports
• Photographs
• Surveillance videos
• Digital evidence

At the same time, your attorney conducts an independent investigation.

That may include:

• Reviewing every piece of evidence.
• Interviewing witnesses.
• Visiting the scene.
• Consulting experts.
• Researching legal issues.
• Identifying constitutional violations.
• Preparing motions to suppress unlawfully obtained evidence.

Practice Insight

Clients often judge their case by how many court hearings they attend.

In reality, the work that often has the greatest impact happens between hearings. Reviewing discovery, investigating the facts, negotiating with prosecutors, and preparing legal motions typically requires far more time than the hearings themselves.

Preliminary Hearings in Davis County Felony Cases

If you are charged with a felony, you generally have the right to a preliminary hearing.

A preliminary hearing is not a trial.

The prosecutor is not required to prove guilt beyond a reasonable doubt. Instead, the judge decides whether the State has presented enough evidence to establish probable cause that a crime was committed and that the defendant was involved.

Because the burden is much lower than at trial, preliminary hearings serve a different purpose than many people expect.

Davis County Practice Insight: Conditional Waiver of the Preliminary Hearing

One practice that often surprises clients is the use of a Conditional Waiver of Preliminary Hearing in many Davis County felony cases.

Rather than immediately setting a preliminary hearing, the parties may agree to a conditional waiver. This allows the case to move forward while the defense receives discovery, reviews the State’s evidence, investigates the allegations, files appropriate legal motions, and evaluates any plea offer.

After reviewing the evidence and discussing the available options, your attorney can help determine whether requesting a preliminary hearing is strategically beneficial or whether another approach better serves your interests.

Many clients appreciate having the opportunity to make that decision after understanding the evidence rather than during their first court appearance.

Should You Waive A Preliminary Hearing

Whether you should waive a preliminary hearing depends on the specific facts of your case and should be discussed with your attorney. While a preliminary hearing can provide an opportunity to question witnesses and evaluate the State’s evidence, there are situations where waiving—or, in Davis County, entering into a Conditional Waiver of Preliminary Hearing—may be the better strategic choice. A conditional waiver often allows the defense additional time to review discovery, investigate the allegations, evaluate legal issues, and discuss possible resolutions before deciding whether a preliminary hearing would benefit the case. Rather than automatically requesting or waiving a preliminary hearing, the decision should be based on a careful assessment of the evidence, the legal issues involved, and your overall defense strategy.

Pretrial Conferences and Motion Hearings

As the case progresses, the court schedules additional hearings.

These may include:

• Scheduling conferences
• Pretrial conferences
• Motion hearings

These hearings help move the case toward resolution by addressing:

• Discovery
• Legal motions
• Trial scheduling
• Plea negotiations
• Outstanding legal issues

Practice Insight

Many people assume plea negotiations happen in the courtroom.

In reality, productive negotiations often occur after both sides have reviewed the evidence and evaluated the strengths and weaknesses of the case. Court hearings often mark progress in those discussions rather than being where the negotiations actually occur.

Step Nine: Trial or Resolution

Most criminal cases in Davis County do not proceed to trial.

Many are resolved through:

• Dismissal of charges.
• Negotiated plea agreements.
• Plea in Abeyance or other alternative resolutions when available.
• Other negotiated outcomes.

If trial becomes necessary, the prosecution must prove every element of every charge beyond a reasonable doubt.

The burden always remains with the State.

Step Ten: Sentencing

If you plead guilty or are convicted after trial, the court schedules sentencing.

Depending on the offense, sentencing may include probation, treatment, restitution, fines, community service, jail, prison, or other conditions.

Even at sentencing, preparation matters. Presenting mitigating information and helping the court understand your background and circumstances can influence the outcome.

How to Choose an Experienced Criminal Defense Attorney in Davis County?

If you’re facing criminal charges, choosing an attorney is one of the most important decisions you’ll make.

Most attorneys offer an initial consultation, which gives you an opportunity to ask questions and determine whether they’re the right fit for your case. While every attorney has a different style, there are several qualities worth considering before making your decision.

When meeting with a prospective attorney, consider asking:

• How often do you handle criminal cases in Davis County?
• Who will be responsible for my case?
• What happens next, and what should I expect?
• What strategy do you recommend based on what you know today?
• How will we communicate throughout my case?

Be cautious of any attorney who guarantees a specific outcome. Every criminal case is different, and no lawyer can ethically promise that charges will be dismissed or that a particular sentence will be imposed. Instead, look for an attorney who explains the process clearly, answers your questions honestly, and develops a strategy tailored to your circumstances.

Frequently Asked Questions

How long does a criminal case take in Davis County?

The answer depends on the charges, the complexity of the evidence, court scheduling, and whether the case resolves through negotiations or proceeds to trial. Some misdemeanor cases resolve within a few months, while felony cases often take longer.

Should I hire an attorney before my first court appearance?

If possible, yes. The earliest stages of a criminal case often present opportunities to preserve evidence, protect your rights, and begin developing a defense strategy.

Will my case go to trial?

Probably not. Many criminal cases resolve before trial. Even so, every case should be prepared as though trial is possible because thorough preparation often leads to stronger negotiations.

What if I think I’m guilty?

You should still speak with an attorney. Even if you believe the facts are not in dispute, an attorney can evaluate the evidence, explain the consequences of different resolutions, negotiate with the prosecutor, and advocate for the best outcome available under the circumstances.

The Bottom Line

Facing criminal charges in Davis County can be intimidating, especially if you’ve never been through the criminal justice system before. Understanding how a case moves through the local courts is the first step toward making informed decisions.

Every stage of a criminal case presents opportunities to protect your rights, evaluate the evidence, and shape the direction of the case. While no attorney can guarantee a particular outcome, experienced legal representation can help you understand your options, avoid common mistakes, and make strategic decisions from the very beginning.

If you have been arrested, cited, or are under investigation in Davis County, learning about the process early—and getting sound legal advice early—can make a meaningful difference as your case moves forward.