Being arrested and charged with a crime is a traumatizing experience, both for the suspect and their loved ones. While it’s natural to feel nervous about what may happen in the days to come, knowing what to expect during trial can help put your mind at ease, and our lawyers will explain what generally takes place during a criminal trial in Utah, including the stages of the legal process leading up to the trial itself.
Trials begin with opening statements from the prosecution and defense, where they lay out their cases for jurors. Next, the prosecution gets the chance to present their case, complete with evidence and witnesses, during which our attorneys can cross-examine witnesses. Our lawyers will have the opportunity to present a case of our own as well, after which the jury will deliberate and render a verdict. Before any of that happens, the defendant will be arraigned, bail will be set, pre-trial conferences will be had, and the jury will be selected, all of which are crucial stages in the pre-trial process our attorneys can handle on your behalf.
For a free case review from Overson & Bugden’s Utah criminal defense attorneys, call (801) 758-2287 today.
What Happens During the Pre-Trial Stages of a Criminal Case in Utah?
Movies and TV shows often make it seem as though suspects go straight to trial after being arrested for a crime. In reality, the defendant must go through multiple hearings and court appearances before the trial itself even begins. Being rushed through these stages by the prosecution could lead to your bail being set too high or to you accepting a plea deal that underserves you. Our attorneys can see defendants through arraignment, preliminary hearings, pre-trial conferences, discovery, pre-trial motions, jury selection, and all other aspects of your case before the trial begins.
Arraignment and Initial Bail Hearing
The first hearing after arrest is referred as the initial hearing or arraignment. The main purpose of arraignment is to formally announce the charges to the defendant.
If the charge is a misdemeanor, like misdemeanor drug possession, the defendant will enter a plea. If the charge is a felony, like murder, the defendant will enter their plea later during the preliminary hearing. The charges may be dropped or dismissed at this stage if the prosecution has insufficient evidence to move forward or if their evidence was obtained through an illegal search.
This is also when bail would be set in your case. Depending on the charges against you, the prosecution might argue for too high an amount, one that you and your family could not feasibly afford without using a bail bond agent. If you cannot post bail, you could remain in jail throughout the entire criminal trial, which could take months or possibly years. We can support arguments for lesser bail amounts by showing your ties to the community and lack of previous criminal record while facilitating your family posting your bail so that you can return home at the end of each day in court until a verdict is found.
Preliminary Hearing
The next stage after the arraignment is the preliminary hearing or “prelim.” The purpose of the preliminary hearing is to determine whether the arresting officer truly had probable cause in making the arrest, and in turn, whether the prosecutor has sufficient evidence of probable cause to proceed with the case.
If no probable cause is found then the judge has to dismiss the case and discharge the defendant. This stage is also when defendants charged with felonies enter their plea of guilty or not guilty.
If the defendant pleads guilty, they will be sentenced accordingly. A plea bargain for a lighter sentence may be reached with the prosecution, potentially enabling them to avoid jail time or harsh consequences. If the defendant enters a plea of not guilty, then a trial must be held.
Pre-Trial Conference
However, the trial is preceded by a pre-trial conference. This is when the judge meets with the defense and prosecution to go over details and prepare the case to go as smoothly as possible. Both attorneys may also file pre-trial “motions” asking the judge to suppress evidence or allow for “discovery” of more information.
Discovery
The process of “discovery” is an ongoing process throughout the stages of a case, where the prosecution has to turn over evidence to the defendant. Trials in the United States are meant to be battles of facts and evidence, not a matter of surprise. Because of this, the prosecution is required by law to turn over certain materials to the defense so they know what will be happening and can adequately defend against arguments. Keeping certain materials from the defense is unconstitutional and can result in judges overturning convictions or ordering new trials for convicted defendants.
Pre-Trial Motions
The defense’s largest task during this period is seeking to have evidence or witnesses blocked from trial. This is called “suppression,” and both sides are able to file pre-trial motions to suppress evidence before a jury is even selected. This ensures that the jury does not see unfair or irrelevant evidence that may taint the trial. The admittance of certain information as evidence may be crucial in deciding whether the defense should accept a plea bargain or whether the prosecution should drop charges.
Other pretrial motions will also be settled to deal with issues such as the phrasing of jury instructions and how certain issues can be discussed to accord with the rules of evidence, privilege, the right to remain silent, and other issues.
Jury Selection
Juries are supposed to be impartial, but people aren’t computers and will always carry their own opinions and beliefs. Each side will have the opportunity to question and remove witnesses that might be biased, and some are allowed to be removed simply by the defendant’s preference. Jury selection often occurs before the actual day the trial starts but is an important part of the beginning of a trial. Note that, while twelve is the typical number of jurors, alternates are often selected to sit through the entire trial in case a juror is sick or unable to come to court.
The questions we ask jurors during the selection process, also known as “voir dire,” may depend on the charges filed against you, the arguments we plan to assert during your trial, and the evidence we present or witnesses we call on.
Preparing Defendants for What Happens During Criminal Trials in Utah
While many criminal cases do not go to trial, instead ending with a negotiated plea agreement, defendants that do go to trial must prepare for what to expect. Not only can criminal trials be lengthy, sometimes taking years to reach a verdict, but they also require many steps, all of which our attorneys can handle after taking on your case in Utah. While several steps precede the trial, the trial itself begins with opening statements from both the prosecution and the defense.
Opening Statements
Each side is given the opportunity for their attorneys to speak directly to the jury at the beginning of a trial, with the prosecution going first. They explain their theories of the case and how their facts will fit together. This is the only time until the end of the trial that the lawyers are allowed to speak directly to the jury – unlike most of what you may see on TV. These are called “opening statements” – that means that they are merely statements, and no argument is allowed. Devoting time to crafting a compelling opening statement is paramount, as this will be the first time the jury is introduced to you, having just heard the prosecution talk about how you are allegedly guilty of the charged crime.
Prosecution’s Case in Chief
The prosecution presenting their case may take up most of your trial. The prosecution will call witnesses and present evidence to try and prove that the defendant committed the crime as charged. When questioning a witness, prosecutors try to get witnesses to tell the story so the jurors can understand it. During the prosecution’s questioning, called “direct examination,” the defense is allowed to object to evidence or questions, and the judge may limit what the prosecution can present to the jury. After each direct examination of witnesses by the prosecution, our Utah criminal defense attorneys may “cross-examine” witnesses. This allows us to use pointed yes or no questions to try and reshape the prosecution’s story, which we can prepare for in advance and change the course of questioning in real-time as necessary. At the end of this, the prosecution “rests,” meaning they are done presenting their case.
Motion to Dismiss
After the prosecution is done presenting their case, our defense attorneys may make a “motion to dismiss.” This argues that, even if the prosecution’s side of the story was 100% accurate, the prosecution has not shown that the defendant committed each element of the crime beyond a reasonable doubt. This could happen if, for instance, the prosecution forgot to prove a necessary element of the crime. If the motion is granted, the trial ends, and the defendant is “acquitted” of the crime and wins the trial. If the motion is denied, the trial continues – which is usually what happens.
Defense’s Case in Chief
After a motion for summary judgment is denied, the defense and the prosecution switch what they were doing. The defense now gets a chance to call its own witnesses and present its own evidence to show that the defendant did not commit the crime as charged. Now, the defense does direct examinations, and the prosecution gets to cross-examine witnesses and make objections. Often, defense attorneys will present very few witnesses, or they will not present any witnesses or evidence at all. While the heart of the defense’s case is really in its cross-examination, not its case in chief, our Utah criminal defense attorneys may identify evidence and expert witnesses whose testimony further undermines aspects of the prosecution’s case, helping the jury find reasonable doubt in your case.
Rebuttal
Rebuttals in criminal trials can get a little confusing, especially for defendants. Even though the prosecution already “rested” and finished their case, they do get a chance to add more, if necessary. This is an opportunity for the prosecution to recall witnesses or call new witnesses to challenge what the defense presented during its case in chief. It should be brief and focused on challenging the defense’s case, not focused on adding a lot of new information or going back to evidence the prosecution forgot to present earlier. If there is no defense case in chief, there cannot be a rebuttal. Additionally, if the prosecution takes advantage of a rebuttal, the defense will sometimes be granted another chance, too, called a “surrebuttal,” which our attorneys may take advantage of if necessary.
Jury Instructions
At this stage, the judge tells the jury which laws are relevant to the case. The judge explains the required elements of the case and relevant definitions that the jury must have to decide whether or not the prosecution met its burden. Additionally, the judge will explain the prosecution’s burden: to prove, beyond a reasonable doubt, that the defendant committed the crime. Be prepared for this part to be somewhat boring and long.
Closing Arguments
After jury instructions, each side gets a chance to stand up and directly address the jury again. These are called “closing arguments” because each side is allowed to reiterate facts that were introduced at trial and argue how they fit together. If witness examination is like showing the jury a bunch of puzzle pieces, the closing argument is showing them how to put the puzzle together. The prosecution gets the last word to the jury, and the trial ends.
Like with opening statements, closing statements are crucial, as it is the last time the jury will see you and hear your side before they go into deliberations. Compelling closing statements might last in jurors’ minds throughout deliberations, potentially giving them the clarity they need to find you not guilty.
Jury Deliberations
After closing arguments, the jury goes into a separate room to discuss the case. The defendant must be proven guilty beyond a reasonable doubt. Depending on the complexity and length of the trial, this could take some time. Jurors may also, during this time, ask for pieces of evidence to be sent back, or for parts of the transcript to be read back to them.
Delivery of Verdict
The defendant can choose if they’d like to be present in the room when the verdict is read. In criminal trials, 100% of the jury must agree on a unanimous decision. Otherwise, the judge can call a “hung” or undecided jury, at which point there must be a new trial with a new jury. There are four possible verdicts for criminal trials: guilty, guilty and mentally ill, not guilty, and not guilty by reason of insanity.
Judgment and Sentencing
Sentencing generally must be passed two to 45 days from the conviction, though the defendant can waive that timeframe and be sentenced the very same day. The actual process of sentencing often involves reports from officers of the court and recommended sentences from each side. If, as part of a plea agreement, the prosecution promised to recommend a certain sentence, this is when they recommend it to the judge. Various factors, such as a defendant’s criminal history, the nature of the crime, and the impact on the victim, affect sentencing. Judges may hear any evidence, regardless of relevancy or rules of evidence, in determining the sentence. Much of the guesswork is taken out of sentencing, though, as Utah has minimum and maximum sentences for different offenses that judges typically do not ignore.
A Skilled Salt Lake City Criminal Lawyer Can Help You Navigate Your Case
To set up a free, confidential case evaluation, call the Utah criminal defense attorneys of Overson & Bugden now at (801) 758-2287.
