What is a Preliminary Hearing?

Your preliminary hearing is serious. If you don’t have an attorney by your side, you’ll lack the knowledge and experience necessary to prove that there’s a lack of evidence to go to trial. If you’ve been through your first appearance already, you’ll be appointed an attorney or need to hire one. Call our office at 385-386-8822 to learn how we’ll fight for your rights during the hearing.

What is a Preliminary Hearing?

Several steps are involved in the prosecution of a crime. You’ll first go through a “first appearance,” and in felony cases and Class A misdemeanor cases, a preliminary appearance is the next substantive hearing. The purpose of this “mini-trial” is to determine whether there’s enough evidence to go to trial. An attorney is an invaluable asset during the hearing because it may be possible to end the proceedings at this stage.

What Will Happen at Your Preliminary Hearing?

The prosecution’s goal of the hearing is to prove that there’s enough evidence to go to trial. Prosecutors and defendants will both be involved in the hearing.

Prosecutors

First, the prosecutor will present evidence to the judge. Two main types of evidence may be presented, all with the intent of convincing the judge that the case warrants a criminal trial:

1. Witness testimony: If witnesses exist, they will be called to recount the events. A witness testimony is a powerful form of evidence, but your attorney will work to shed doubt on their statements.
2. Physical evidence: Any physical evidence will be presented, and this can be a weapon, clothing or any other items that can be used to prove that the defendant was involved in the crime.

Prosecutors have the burden of proof to show there’s sufficient evidence that the defendant committed the crime. Evidence must be such that it warrants further legal scrutiny, but this in no way means that you’re guilty. The evidence must show that there’s a strong suspicion you committed the crime in question. Defendants will be present when the prosecution presents its case and will be up next.

Defendants

You have a right to tell your side of the story. A criminal defense attorney’s goal will be showing that your case doesn’t warrant going to trial. An attorney will:

• Cross-examine the prosecutor’s witnesses
• Question any physical evidence presented

Defendants may call their own witnesses to help show the judge that the case should not go to trial.

Can Charges Be Dropped at a Preliminary Hearing?

A preliminary hearing allows the judge to learn more about the crime in question, but this doesn’t mean that the case will go to trial. The burden of proof is on the prosecution, and if they’re unable to show probable cause, the charges can be dismissed. Dismissal is the ideal scenario for a defendant. Working with an attorney who can refute evidence and cross-examine witnesses can mean the difference between a drawn-out trial and serious charges or the case being dismissed. If the charges are not dropped, you’ll move to the following:

• Arraignment: You’ll be advised of your right to trial in front of the judge, and you can enter your not guilty plea.
• Motion Hearing: A motion is when both the defense and prosecution can present arguments and have some aspects of the case ruled upon.
• Trial: Guilt is determined during a trial, which will rely heavily on evidence, witnesses and the case against you.

Sentencing is the final step in the process. Working with an attorney throughout the process will allow you to better understand the charges against you and the steps that must be taken next in the case against you.

Is It Important to Hire an Attorney for Your Preliminary Hearing?

Although a preliminary hearing happens early on in the process, it’s similar to a trial in many ways. The prosecution will present evidence to show probable cause, and the judge will decide whether there’s enough evidence to hold a trial. Having an attorney by your side will put you at an advantage. During the hearing, your attorney can:

• Fight to dismiss the charges
• Negotiate a deal with prosecutors
• Cross-examine witnesses
• Call on your own witnesses to testify

The prosecution’s job is to convince the judge that you should stand trial. Your attorney’s job is to sow seeds of doubt in hopes of having the charges dropped. Often, this initial hearing will help form the foundation for the defense that will be used at trial. Your attorney might not be able to dismantle the prosecutor’s entire case at this stage, but a strong showing may convince the prosecution that they need to negotiate a better plea deal or drop some of the charges against you. If you’re facing felony charges, your attorney’s arguments may convince the judge to reduce the charges to a misdemeanor. These are outcomes that are harder to achieve if you attend your hearing without an attorney.

Can You Hire an Attorney After Your Preliminary Hearing?

If you’re facing a criminal charge, it’s in your best interest to hire an attorney as early on as possible. Ideally, you’ll already have legal counsel before going to court, but if that’s not the case, you can still hire an attorney afterward. Just keep in mind that the longer you delay, the less time your attorney will have to get up to speed on your case and prepare your defense.

How Kate Conyers Law Can Help

A preliminary hearing is one of the first steps in a criminal trial, and it’s the first opportunity to potentially get your charges dismissed. Having a skilled attorney on your side is key. At Kate Conyers Law, we’ve defended thousands of clients just like you. We are committed to our clients, advocating for their rights and helping them achieve the best possible outcome. We proudly serve clients in Salt Lake City and surrounding areas, including Park City, West Jordan, Sandy and West Valley. Contact us today to schedule an appointment and discuss the details of your case.