Posted by Bradley Henderson
Last Updated
When Can You Resolve a Utah Criminal Case From Out of State?
You may be able to resolve a Utah criminal case from out of state when the court allows you to appear remotely or excuses you from hearings that your attorney can handle. In some cases, your attorney may negotiate a a resolution without requiring you to return to Utah. A plea may also be completed remotely if the judge approves the procedure.
A remote resolution may be more likely when:
- You face a misdemeanor or another lower-level charge.
- The hearing involves scheduling or another routine pretrial matter.
- The court does not expect to hear testimony or review extensive evidence.
- You have appeared as required and followed previous court orders.
- You have reliable technology and an appropriate place to attend by video.
Can Your Utah Criminal Case be Handled Remotely?
Utah courts may conduct hearings in person, remotely, or in a hybrid format. During a hybrid hearing, some participants appear in the courtroom while others join by video.
Under Rule 17.5 of Utah’s Rules of Criminal Procedure, the judge may consider:
- The burden and cost of requiring you to travel
- The type and expected length of the hearing
- Whether witnesses or evidence will be presented
- Whether you could be taken into custody
- Whether reliable video technology is available
- Whether you have previously appeared as required
Living outside of Utah can support your request to appear remotely. However, it does not automatically excuse you from attending court.
Which Hearings May Not Require You to Return to Utah?
You may have a better chance of appearing remotely for scheduling conferences, status conferences, and some pretrial hearings. Your attorney may also be able to appear without you at certain routine proceedings.
For example, your attorney may sometimes enter a not-guilty plea or hand an arraignment in Utah without requiring you to travel. Whether the court allows this depends on your charges, the purpose of the hearing, and the judge’s order.
Never assume that the court has excused your attendance. Ask your attorney to confirm the hearing format.
Does It Matter Whether Your Charged With A Felony or Misdemeanor?
Yes. The seriousness of your charge can affect whether the judge requires you to appear in person.
If you are facing a Utah felony charge, you may be more likely to need to appear personally for a preliminary hearing, evidentiary hearing, plea, sentencing, or trial. Felony cases carry greater potential consequences, including the possibility of jail or prison.
The court may have more flexibility if you’re facing a Utah misdemeanor charge, particularly when the hearing is routine.
There are general observations, not fixed rules. The judge may require you to attend any hearing based on the circumstances of your Utah criminal case.
Can You Enter a Plea Without Coming to Utah?
Possibly, but the court must approve it.
Under Utah Rule of Criminal Procedure 11, the judge must determine that your guilty or no-contest plea is voluntary. The judge must also confirm that you understand the charge, possible sentence, and constitutional rights you are waiving.
A written plea statement may help the court make these findings, but it does not guarantee that the judge will accept your plea without speaking with you directly. Depending on the court, you may be able to complete that discussion by video. In other cases, the judge may require you to appear in person.
How Do You Request a Remote Appearance?
If an attorney represents you, Utah’s rules require your attorney to make the request. The request should explain why you need a different hearing format.
If you live outside of Utah:
- Ask far in advance.
- Explain where you live and any work, health, family, or financial travel concerns.
- Ask whether the court requires you to attend the next hearing.
- Have your attorney submit the remote-appearance request early.
- Wait for confirmation before assuming you may appear remotely.
- Prepare to join from a quiet location with reliable internet.
- Keep a backup travel plan in case the judge requires you to appear in person.
What Happens If You Miss the Hearing?
Living outside of Utah does not excuse you from a required court appearance. If you miss a hearing, the judge may issue an arrest warrant, forfeit bail, or take other action that makes your case more difficult to resolve.
A pending request to appear remotely is not the same as an approved request. Unless the court changes the hearing format or excuses your appearance, you should continue planning to attend as originally ordered.
How Can Stone River Law Help You?
Our attorneys represent people facing criminal charges throughout Utah, including clients who live in other states. Our criminal defense team can review your court records and determining which appearances may be required, communicate with the prosecutor, and request remote participation when appropriate.
We cannot promise that you will never need to return to Utah. We can work to reduce unnecessary travel while protecting your rights and moving your case toward a resolution.
If you live out of state and need a criminal defense attorney in Utah, Stone River Law can review your charges, upcoming hearing, and options for appearing remotely. Contact Stone River Law to discuss your case.
Frequently Asked Questions
Can You Attend a Utah Arraignment by Video?
Possibly. The court may schedule your arraignment remotely or approve a timely request for you to appear by video. Your attorney should confirm the hearing format before the scheduled date.
Can Your Attorney Attend Court Without You?
Sometimes. Your attorney may be allowed to handle certain routine hearings without you, but only when the court permits it. Do not miss a hearing unless the court or your attorney has expressly confirmed that your appearance is not required.
Can You Attend a Felony Hearing Remotely?
Some felony hearings may be conducted remotely or in a hybrid format. However, the judge may require you to appear personally for important proceedings, including evidentiary hearings, pleas, or sentencing.
How Early Should You Request a Remote Appearance?
Your request should generally be made at least 14 days before the hearing. If you have any attorney, your attorney must make the request for you. Submit it as early as possible and wait for the court’s decision before changing your travel plans.
This article provides general information and is not legal advice. Your appearance requirements will depend on the court, your charges, and the specific circumstances of your case.