What should I expect at an arraignment hearing in Utah?
In Utah criminal cases, an arraignment hearing is a court proceeding in which a person who has been charged with a crime (the “defendant”) is given formal notice of the nature, number, and severity of the charges filed by the prosecution. The person is also given an opportunity to enter a plea. With only very few exceptions, a person entering a plea at the arraignment hearing should initially enter a not guilty plea.
Following is an outline of what you can expect to happen at an arraignment hearing in Utah:
Court Appearance: The defendant is normally required to personally appear before a judge either in the district court or in a justice court. In some misdemeanor cases, when a person is already represented by an attorney, the court may allow a waiver of the formal arraignment and allow the case to be set directly for a pretrial conference.
Note that in cases involving felony or class A misdemeanor charges, the arraignment will not occur at the first court appearance. Instead, the arraignment is not held until after a bindover order has been entered by a judge acting as magistrate at a preliminary examination.
Reading of Charges: The judge or clerk reads out the charges filed against the defendant. These charges outline the specific offenses the defendant is accused of committing. In some circumstances, the court will ask if the defendant waives a formal reading of the charges. This kind of waiver is more common when the defendant is already represented by an attorney and has already been given a copy of the charging documents (“information”).
Rights and Options: The judge will briefly review some of the constitutional rights guaranteed to a person who is charged with a crime. The most important right at the arraignment stage is the Sixth Amendment right to counsel – the right to be represented by an attorney.
If the defendant is not currently represented by an attorney but wants time to hire an attorney, the court should grant a continuance (schedule another date to allow time to find an attorney). If the defendant is not able to afford an attorney, the court should review the person’s financial status to see if the person qualifies to have a public defender appointed by the court.
Plea Entry: The defendant is asked to enter a plea at the arraignment hearing, but the Utah Rules of Criminal Procedure provide that a court cannot require a person to enter a plea until the person has first had a “reasonable time to confer with counsel.”
If a person is not ready to enter a plea or is unsure as to what kind of plea to enter, the court may either delay (continue) the arraignment hearing or may enter a plea of not guilty on behalf of the defendant. As noted above, in most cases the initial plea entered by a defendant should be a not guilty plea.
Pleading Guilty or No Contest: If the person informs the court that they want to enter a guilty plea or a no contest plea, then the court is required to review certain important constitutional and procedural rights that a person must waive in order to enter a plea of guilty or no contest.
Most courts use a written form that outlines the rights that are waived when pleading guilty or no contest. Many judges will also orally review the rights with the defendant or, if the person is represented by counsel, ask defense counsel if a review of rights or rights waiver form has been completed.
A guilty plea normally involves an admission by the defendant that certain acts were committed and (usually) that the defendant had the intent or mental state required under the statute. The court will normally ask for a statement of facts or events that support the elements of each offense to which a guilty plea is being entered.
A no contest plea (sometimes referred to as a plea of “nolo contendere“) is neither an admission of nor a denial of the allegations made by the prosecution. Although a no contest plea is not a formal admission of guilty, it still carries the same consequences (conviction and sentencing) as a guilty plea
Setting Future Court Dates: If the defendant pleads not guilty, the judge will set a date for future court proceedings. The most common step after arraignment is a pretrial conference, but motion hearings may also be scheduled based on the specific details of the case.