Procedures in Utah Misdemeanor Cases (Class B and Class C)
This page covers processes for class B and class C misdemeanor charges. Class A misdemeanor charges follow procedures used in felony cases.
First Appearance – Arraignment
The arraignment hearing serves several purposes. Formally, the arraignment serves to provide the defendant with notice of the charges that have been filed in the case and for the defendant to enter a plea – either guilty, no contest, or not guilty. The court will also usually ask whether the defendant will be representing himself/herself, requesting court-appointed counsel, or hiring a private attorney.
A person cannot be required to enter any plea before they have first had an opportunity to consult with a defense attorney. If you find yourself in an arraignment hearing and you are not sure what you should do, you can ask the court to continue (reschedule) the arraignment until such time that you have been able to retain or consult with a good criminal defense attorney.
Discovery Requests & Motions
A formal request for discovery, pursuant to Rule 16 and both federal and state constitutional due process provisions, can be filed either before or after the arraignment hearing has been held. Best practices are that prompt filing of a discovery request can provide an attorney with a head start in analyzing the case and developing a sound defense strategy.
Pretrial Conference
A pretrial conference is a multi-purpose court hearing. Negotiations between the defense and prosecution can occur; if a resolution is reached, the proposed plea agreement can be presented to the court and a plea may be entered. In some cases, sentencing may also be held the same day.
Simple motions (not requiring an evidentiary hearing) may be heard and decided at a pretrial conference. Alternatively, the court may choose to set a special hearing to hear additional argument on the motion.
Pretrial Motions & Evidentiary Hearings
Motions to suppress evidence and motions in limine (pretrial) are common in cases where no resolution is reached through negotiations. A motion to suppress will usually require an evidentiary hearing to allow the court to make findings of fact related to any alleged constitutional violation. Motions in limine can often be argued without an evidentiary hearing.
Jury Trial / Bench Trial
In most cases, a good defense attorney will recommend presenting a trial case to a jury (jury trial) rather than to a judge alone (bench trial). In some cases, the prosecution may attempt to avoid the need to call a jury by amending (reducing) a low-level misdemeanor charge to the infraction level. At the infraction level, since jail is not a sentencing option there is no right to trial by jury.
Sentencing / Dismissal
If a plea has been accepted and entered as a conviction, or if a trial results in a guilty verdict, the court will impose a sentence based on the facts and circumstances of the case and also taking into consideration mitigating or aggravating factors that may be involved.
If a trial results in a not-guilty verdict, or if an abeyance agreement has been entered and completed, the case can then be dismissed.
Negotiations and Plea Bargaining
At any time prior to conviction (guilty plea or guilty verdict), the defense and prosecution may reach an agreement to resolve the case. Negotiations typically occur on-and-off throughout the pendency of the case.