What Is a Preliminary Hearing in Utah?

A preliminary hearing, sometimes called a preliminary examination, is an important step in many Utah criminal cases. It is not a trial, and it is not where the judge decides whether the defendant is guilty or innocent.

Instead, a preliminary hearing is a screening process. The judge decides whether the State has presented enough evidence for the case to move forward toward trial.

In Utah, preliminary hearings are generally available in felony and Class A misdemeanor cases. The Utah Courts explain that in felony and Class A misdemeanor cases, a defendant may choose whether to have a preliminary hearing or waive that right and proceed to arraignment. A criminal case cannot continue if probable cause does not exist to support the charges. Learn more about the Utah criminal court process.

What Happens at a Preliminary Hearing?

At a preliminary hearing, the prosecution presents evidence to show that there is probable cause to believe:

A crime was committed; and
The defendant committed that crime.

The prosecution may call witnesses, introduce evidence, and explain why the case should move forward. The defense has the opportunity to cross-examine witnesses and challenge whether the State has met its burden.

Under Utah Rule of Criminal Procedure 7B, the State has the burden of proof at the preliminary examination. If the judge finds probable cause, the defendant is bound over for trial. If the judge does not find probable cause, the charge may be dismissed or reduced depending on the circumstances.

A Preliminary Hearing Is Not a Trial

A preliminary hearing is different from a trial in several important ways.

At trial, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. That is the highest burden of proof in the criminal justice system.

At a preliminary hearing, the standard is much lower. The question is whether there is probable cause to believe the charged crime was committed and that the defendant committed it.

Utah courts have described this as requiring evidence sufficient to support a reasonable belief that the defendant committed the charged crime. In State v. Pham, the Utah Court of Appeals explained that the evidentiary threshold at a preliminary hearing is relatively low. Read State v. Pham.

The judge also does not weigh the evidence the same way a jury would at trial. In State v. Graham, the Utah Court of Appeals explained that evidence and reasonable inferences are viewed in the light most favorable to the prosecution at the preliminary hearing stage. Read State v. Graham.

Why Hold a Preliminary Hearing If the Burden Is Low?

Because the probable cause standard is lower than the trial standard, many people wonder whether a preliminary hearing is worth having.

In many cases, it can be.

A preliminary hearing may give the defense an opportunity to:

Hear the prosecution’s key evidence;
Cross-examine important witnesses;
Identify weaknesses in the State’s case;
Preserve testimony for later impeachment;
Challenge whether the evidence supports every element of the charge;
Argue for dismissal or reduction of unsupported charges; and
Better prepare for plea negotiations, motions, or trial.

Even when a case is bound over for trial, the preliminary hearing can help the defense understand how the prosecution intends to prove the case.

Can a Defendant Waive a Preliminary Hearing?

Yes. In some cases, a defendant may waive the preliminary hearing and move the case forward to the next stage.

That decision should be made carefully. Waiving a preliminary hearing may make sense in some cases, but it can also mean giving up an important opportunity to test the prosecution’s evidence early in the case.

Before waiving a preliminary hearing, it is important to speak with an attorney who understands Utah criminal procedure and can evaluate the facts, charges, evidence, and defense strategy.

Who Should Handle a Preliminary Hearing?

A preliminary hearing should be handled by a criminal defense attorney.

This stage of the case requires preparation, knowledge of the evidence, and the ability to cross-examine witnesses effectively. A lawyer can review police reports, evaluate the charges, identify weaknesses in the prosecution’s case, and decide whether holding the preliminary hearing is in the defendant’s best interest.

If you are facing felony or Class A misdemeanor charges in Utah, contact Howard Lewis & Peterson to speak with a criminal defense attorney. You can learn more about the firm’s criminal defense services or contact Howard Lewis & Peterson to discuss your case.