Is a preliminary hearing required in misdemeanor cases?

Posted by Stone River Criminal Defense Team

Last Updated: February 17, 2025

In the Utah legal system, a preliminary hearing (also referred to as a "preliminary examination" under the Utah State Constitution) serves as a checkpoint to determine whether there is sufficient evidence to move a case forward to trial. But is this step required in all misdemeanor cases?
attorney meeting with client at desk

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:

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.

Originally Published: November 20, 2023

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