What is a Preliminary Hearing?
A preliminary hearing allows the court to assess whether the prosecution’s evidence establishes probable cause that a crime was committed and that the defendant is the one responsible. If the court determines that the evidence is adequate, the judge (acting as a magistrate) will issue a “bindover” order. This order directs the case to move forward toward trial.
When is a Preliminary Hearing Required?
Under Utah law, a preliminary hearing is mandatory in the following cases:
- All felony cases.
- Any Class A misdemeanor cases.
In these situations, the defendant has the right to a preliminary hearing unless both parties agree to waive it.
Are Preliminary Hearings Required for All Misdemeanors?
Not all misdemeanors require a preliminary hearing. Class B and Class C misdemeanors do not require this hearing as part of the court process. These lower-level offenses typically bypass the preliminary examination step and proceed through different stages of the legal system.
Why is This Important?
Understanding whether a preliminary hearing is required can significantly impact how a case progresses. It determines when and if the prosecution must show probable cause early in the case, giving the defendant an opportunity to challenge the strength of the evidence before a full trial.