Misdemeanor Arraignment Hearings in Utah
For most misdemeanor criminal charges, the arraignment hearing is the first time you will appear in court for the case. Whether you have already hired an attorney to represent you or you are instead going to court on your own, the purposes of the arraignment hearing are the same. But the process of navigating the arraignment on your own is very different than it will be if you have an attorney there for you.
Three key takeaways that will apply to almost every arraignment hearing:
- Understand your rights and understand the charges against you.
- Have a good criminal defense attorney.
- Don’t plead guilty straight out of the gate.
Waiver of Rights or Notice of Rights
VERY IMPORTANT – Most Utah justice courts will give you a form to fill out and sign that asks for your name, contact information, etc. Some of these courts will also include a list of important constitutional rights that are guaranteed to any person being charged with a crime.
DO NOT WAIVE THESE RIGHTS unless you first have a very good understanding of the risks associated with waiving these rights and the potential consequences of a conviction. Some justice courts may use forms that are framed only as giving notice of these rights. Other courts have historically used forms that state that you are waiving these rights when you sign the form.
The best way to be sure that you understand your rights and potential consequences is to talk with a good criminal defense attorney well before you have to go to court.
Purposes of the Arraignment Hearing in Utah
The court has three main purposes for holding an arraignment hearing:
- tell you what the formal charges are that have been filed;
- ask whether you are being represented by an attorney; and
- give you an opportunity to enter an initial plea (guilty, not guilty, or no contest).
These three purposes can play out differently depending on whether you have an attorney or you are representing yourself.
Formal Notice of the Charges Filed Against You
The court will give formal notice of the charges that have been filed, normally by giving you a paper copy of the charging document (formal “information”) that has been filed against you.
Historically, courts would read the formal charges out loud because there was a good chance that the person being charged might not be able to read. Modern courts still read the charges partly as a formality, and partly to be sure that the person being charged understands what is happening.
A good criminal defense attorney will usually be able to obtain a copy of the formal charges prior to the arraignment hearing, so it is common that you and your attorney will choose to “waive” a formal reading of the charges. This can be simply to save time, or it may be because having the charges read out loud in a crowded court can be a little embarrassing.
Representation by Counsel
The court will ask whether you are being represented by private counsel, representing yourself, or asking for the appointment of a public defender.
If your attorney is standing next to you in court, it should be obvious to the court. But sometimes you may need some additional time to make arrangements to hire an attorney. Never be afraid to ask the court for some additional time to talk with and hire a good attorney.
If you are asking the court to appoint a public defender, the court will ask some questions about your financial circumstances and may require you to fill out some paperwork. If you are choosing to represent yourself, the court will ask some questions to make sure that you understand the potential risks involved in self-representation.
Entering a Plea (Almost Always Not Guilty)
The court will ask you to enter a plea to each of the charges that have been filed. The options for entering a plea at the arraignment hearing are guilty, not guilty, or no contest. Almost without exception, you will want to begin with a not guilty plea.
In many misdemeanor cases, your attorney may be able to arrange for entry of a written “not guilty” plea prior to the arraignment hearing. This may allow you to waive the formal arraignment process, and save you from having to take an extra day off from work just to go to court.
If you enter a guilty plea (or a no contest plea), you have essentially done all the work for the prosecutor. A plea of either guilty or no contest will be entered by the court as a conviction. The only real question remaining will be punishment.
By entering a not guilty plea at (or before) the arraignment hearing, you preserve your constitutional rights and keep your options open for how best to handle the case. It may be that your attorney will recommend taking the case to trial or filing a motion to suppress. Alternatively, your attorney may be able to negotiate with the prosecutor for a resolution that keeps you out of jail or even keeps a conviction off your record.
Entering a not guilty plea allows you to keep your options open.
Justice Court or District Court
Utah law provides that any felony or class A misdemeanor charge must be filed in the district court. Class B and class C misdemeanor charges are usually filed in a local justice court. There are a few exceptions, where a city does not operate its own justice court but there is a district court located within the city boundaries. In those circumstances, the prosecution will file class B and class C charges directly in the district court.
Finding a Good Defense Attorney
Misdemeanor charges are less serious than felony charges, but they still carry potential consequences that may include jail, substantial fines, and a variety of requirements that can be imposed if you are placed on probation.
Our criminal defense team is here to help. Contact us today to schedule an initial consultation.