When you think of a criminal case, you might picture a dramatic courtroom trial. However, the reality is that most criminal cases involve multiple hearings, and only a small number ever make it to trial. Many of these hearings are routine steps designed to check the case’s progress or resolve specific issues. Understanding these terms can help you feel more informed and prepared as your case moves through the legal system.
Not Every Hearing is a Trial
Here’s an overview of the most common types of hearings and what they mean.
Initial Appearance
Your first court appearance after being charged is called the initial appearance. This hearing is usually brief and focuses on:
- Notifying you of the charges: The judge explains the accusations against you.
- Ensuring representation: If you don’t have an attorney, the court will determine if you qualify for one to be appointed.
In some courts, this hearing may address bail or other immediate concerns, but this is less common. For instance, in Davis County, many cases proceed with a “conditional waiver of the preliminary hearing” and move to the next stage.
Status Hearings
Also known as “Law and Motion” or “Decision to Preliminary Hearing,” status hearings are check-ins to ensure the case is progressing. At these hearings, the court may address:
- Whether you have an attorney.
- Discovery issues (exchanging evidence between the prosecution and defense).
- Whether you are in jail and need a bond hearing.
Status hearings are also an opportunity for attorneys to negotiate and explore potential resolutions.
Bond Hearings
If you are in custody, a bond hearing determines whether you can be released while your case is pending. The court considers:
- Whether you pose a risk to the community.
- Whether you are likely to return for future court dates.
These hearings vary in length based on the complexity of the case but are critical in deciding your pretrial freedom.
Preliminary Hearings
The preliminary hearing (or “prelim”) is like a filter to ensure there is enough evidence for your case to move forward. During this hearing, the prosecution must show:
- Probable cause that a crime occurred.
- Probable cause that you were involved in the crime.
If the prosecution meets this standard, your case is “bound over” for trial, and an arraignment is scheduled. However, preliminary hearings are often waived for strategic reasons.
Arraignment
At the arraignment, you formally respond to the charges by entering a plea:
- Not guilty: This moves the case toward further hearings or a trial.
- Guilty: This often leads directly to sentencing.
Sometimes, the court will set a trial date at the arraignment, but this isn’t always the case.
Pretrial Conferences
Pretrial conferences are preparatory hearings held in the lead-up to trial. They serve several purposes:
- Resolving outstanding motions.
- Handling discovery issues.
- Allowing the prosecution and defense to negotiate potential plea agreements.
These hearings ensure that both sides are ready for trial, if one is needed.
Evidentiary Hearings
Evidentiary hearings address specific legal questions or disputes. These hearings may involve:
- Witness testimony.
- Presentation and challenge of evidence.
Judges use these hearings to resolve motions, such as requests to suppress evidence, or to determine if someone has violated pretrial release or probation terms. Depending on the issue, these hearings can last from a few minutes to several hours.
Orders to Show Cause (OSC)
An OSC hearing occurs if you are accused of violating court-ordered conditions, such as probation or pretrial release terms. At this hearing, your defense team must “show cause”—in other words, explain why you should not face penalties for the alleged violation.
Often, these hearings overlap with evidentiary hearings when evidence is needed to decide whether a violation occurred.
Many Others
Criminal cases are as unique as the people involved, and not all cases follow the same path. You may encounter additional hearings, such as:
- Motions to Suppress Evidence: To challenge the legality of how evidence was obtained.
- Competency Hearings: To determine if a defendant is mentally fit to stand trial.
Each of these hearings serves a specific purpose in moving your case forward or resolving key issues.
Why Understanding Hearings Matters
Knowing what to expect at each type of hearing can reduce stress and help you feel more in control of your case. While many hearings might seem routine, each one plays a vital role in the legal process.
An experienced criminal defense attorney will guide you through these steps, using each hearing as an opportunity to protect your rights, negotiate on your behalf, and build your defense.
Final Thoughts
Not every court date is a trial, but every hearing matters. By understanding the terminology and purpose of these hearings, you’ll be better equipped to work with your legal team and make informed decisions about your case.
If you have any questions about these hearings or how they apply to your situation, don’t hesitate to ask your attorney—they are there to help.