What Happens During a Preliminary Hearing?

By Jason White | Published on September 1, 2011 | 0 Comments

The term preliminary hearing can actually mean many different things, however Provo criminal attorney Jason White of Jason White Attorney at Law explains that most people use the term when talking about the hearing that some defendants must go to before their arraignments.

In the state of Utah, and elsewhere across the United States, people who are being accused of felony crimes have the opportunity to hear what evidence the prosecution has against them during a preliminary hearing. This hearing is also referred to as an evidentiary hearing.

During the preliminary hearing – which only occurs after a criminal complaint has been filed – the prosecution will describe what evidence it has against the defendant. A judge will then have to decide whether there is enough evidence for the case to move forward. If so, then the next step would be the arraignment.

Many people get confused about the difference between a preliminary hearing and an arraignment, however White is a criminal attorney in Provo who says the two types of hearings are actually very different. Criminal defendants in the U.S. have the constitutional right to a preliminary hearing—during which the State must provide evidence and make its case to a judge—before an arraignment, which is when they will actually have to make a plea.

A judge who is making a ruling during a preliminary hearing will be basing his decision on whether there is enough evidence against a person that a jury could possibly convict him or her. If there is not sufficient evidence, then the case will not move forward. If there is, then the next step is the arraignment. What a preliminary hearing is essentially doing is providing the accused person with the right to have the State bring sufficient evidence against him or her, rather than arbitrarily stating that they believe he is guilty.

Of course, White is a criminal attorney in Provo who emphasizes that preliminary hearings only happen in felony matters. The Utah Supreme Court recently ruled that people with misdemeanor A’s can also get preliminary hearings, however this is a relatively new ruling and the laws in that regard have only recently changed.

When it comes to attending a preliminary hearing, the Provo criminal attorney would never recommend that a defendant attend on his or her own. In almost all cases, an attorney should be hired or appointed before the date of the hearing is set, and that attorney will accompany the defendant to any preliminary hearings and arraignments that follow.

*Disclaimer: This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.

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