Navigating the criminal justice system in Utah can be overwhelming, especially if you’re unfamiliar with the various types of court hearings involved. Each hearing serves a specific purpose in the legal process. Here’s a breakdown of the most common hearings you might encounter in a Utah criminal case, and what typically happens at each stage.
First Appearance / Initial Appearance
This is the first time you appear in court after being charged. The judge explains your rights and the charges against you. They also decide if you’ll be released or held in jail. For misdemeanors, you might enter a plea right away. For felonies, the court typically sets a future hearing, such as a preliminary or detention hearing.
Detention Hearing
This hearing determines whether you will remain in jail while the case is pending. The judge considers factors like flight risk, danger to the community, and the seriousness of the charges. Both sides can present arguments, and in some cases, limited evidence or testimony.
Arraignment
At arraignment, the court formally reads the charges. You enter a plea—guilty, not guilty, or no contest. If you plead not guilty, the judge schedules your next steps, such as a pre-trial conference or motion hearings.
Pre-trial Conference
A pre-trial conference is a meeting between the defense, prosecution, and the judge. They may discuss plea deals or narrow the issues for trial. Sometimes, cases are resolved here without going further. This is a critical stage where strategy and negotiation play a big role.
Scheduling Hearing / Waiver Hearing
A scheduling hearing, also known as a status conference, helps keep the case moving forward. The court sets deadlines for filing motions or scheduling trial dates.
Often, this hearing includes a waiver hearing. In felony cases, you can choose to waive your right to a preliminary hearing. That means you agree to move forward without the prosecution having to show probable cause first.
Preliminary Hearing
This hearing only happens in felony cases. The prosecution must present enough evidence to show there’s probable cause that a crime was committed and that you committed it. It’s not a full trial—witnesses can be called, but the standard of proof is much lower than at trial. If the judge finds probable cause, the case is “bound over” for trial.
Evidentiary Hearing
In an evidentiary hearing, the court reviews specific evidence, like whether a search was legal or whether a confession is admissible. These hearings often involve witness testimony and legal argument, and the judge may make important rulings that affect what evidence can be used at trial.
Motion Hearing
Before trial, lawyers may file motions to shape the case. They might ask the judge to dismiss the case, suppress evidence, or order the opposing side to disclose information. Both sides present arguments, and the judge makes a decision that could impact the direction of the case.
Trial
This is where the prosecution must prove your guilt beyond a reasonable doubt. A trial can be with a jury or just a judge. Each side presents evidence, questions witnesses, and gives closing arguments. At the end, the jury—or judge—decides if you’re guilty or not.
Bench Trial
In a bench trial, the judge decides the verdict instead of a jury. Everything else—evidence, witnesses, arguments—works the same way. Some defendants choose this option for strategic reasons, such as a complex legal issue that is better suited for a judge.
Sentencing
If you’re found guilty or take a plea deal, the court schedules a sentencing hearing. The judge hears from both sides before imposing a penalty. This could include jail time, probation, fines, or treatment programs. Victims can also speak, and your attorney can argue for a lighter sentence.
Order to Show Cause (OSC)
An Order to Show Cause hearing is scheduled when it is alleged you violated a court order—such as conditions of probation. You must appear and explain why you should not be held in contempt or face consequences. The burden is often on the defendant to prove compliance or justify the violation.
Final Thoughts
Each court hearing has a role in moving your case forward. Some are quick and procedural. Others are major turning points. Knowing what happens at each step can help reduce stress and enable you to make better decisions.
If you’re involved in a criminal case, work with an experienced attorney. They can guide you, protect your rights, and help you navigate every hearing with confidence.