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The route through court
Every case has its own facts and challenges. The most serious charge usually determines the starting route. The diagram below shows the typical sequence; hearings may be combined or omitted, and a case can resolve before trial.
Class B / C misdemeanors
& infractions
- First appearance / arraignmentLearn the charge and enter a plea.
Class A misdemeanors
& felonies
- Initial appearanceCharges, counsel, and release conditions.
- Preliminary hearing or waiverProbable cause is tested, unless waived.
- ArraignmentEnter a plea to the charges.
These are possible paths, not promised outcomes. A resolution or dismissal can occur earlier in the process.
What happens at the early hearings?
Initial appearance
The court explains the charges and the right to counsel. Release conditions, bail, and protective orders may also be addressed.
Arraignment
You enter a plea. A not-guilty plea allows time to review the evidence and consider your options with your attorney.
Waiver hearing
You and your attorney decide whether to request or waive a preliminary hearing. Waiving it does not waive the right to trial.
Preliminary hearing
The judge decides whether probable cause supports the charges. This is a lower standard than proof beyond a reasonable doubt at trial.
The work between hearings
Much of the defense takes shape during the pretrial phase. You and your attorney work together to:
- Review police reports, recordings, and other discovery.
- Identify witnesses and evidence supporting your account.
- Address legal issues through motions when appropriate.
- Evaluate negotiations and decide whether to resolve the case or proceed to trial.
If your case goes to trial
The prosecution must prove guilt beyond a reasonable doubt. The decision-maker depends on the type of trial.
A judge decides.
The judge hears the evidence and determines whether the prosecution has proved its case.
Jurors decide.
Jurors hear the evidence and decide whether guilt has been proved. The judge still rules on legal issues.
Infractions are tried by a judge, without a jury. Discuss the available options with your attorney.
Sentencing
A guilty or no-contest plea, or a guilty verdict, can lead to sentencing. Rule 22 generally sets sentencing between 2 and 45 days after the plea or verdict, unless the court, with your concurrence, orders a different time. A felony case may involve an AP&P pre-sentence report.
The court may impose treatment, fines, restitution, probation, jail, or prison, depending on the case. Your attorney can help prepare for sentencing and discuss whether an appeal or other relief may be available.
Probation and review hearings
Probation can suspend some or all of a jail or prison sentence while you follow the court’s conditions. Its length and terms depend on the offense, applicable law, and the court’s orders.
- Understand your supervision, treatment, payment, and other obligations.
- Keep required appointments and follow any contact restrictions.
- Get legal help promptly if a violation is alleged. Revocation can result in additional sanctions, including jail or prison.
Life after the case
A 402 reduction may reduce a conviction’s degree, and expungement may seal covered records from public inspection. Eligibility and exceptions matter; neither remedy promises to erase every record held by every source.
Read more about expungements on our Utah expungements page.
Plan your next move
You do not have to navigate these decisions alone. Contact the firm for a free consultation about your circumstances and priorities.
This information is general and is not a substitute for advice about your situation. Read our disclaimer.