The Rules of Criminal Procedure are the core rules that set up the structure of a criminal case, detailing when and how the processes and hearings need to go down for your case to be valid. Among these rules, Rule 7 dictates much of how your case starts out.
Under Rule 7, the court has to inform you of the charges against you and how they came about, along with info about your right to an attorney, your right to release, and your right to remain silent. It also lays out the processes for how these parts of the case work and what other initial rights you have early on in your criminal case, from arraignment to bail hearings to preliminary hearings.
For help with criminal charges, take full advantage of Rule 7 by calling our Ogden, UT criminal defense lawyers for help with your case. Contact Overson Law at (801) 758-2287 today.
Basics of Rule 7 in Utah Criminal Procedure
As mentioned, the Rules of Criminal Procedure are the rules put in place to explain how the criminal justice process works and what steps need to be taken throughout the process. Rule 7 deals primarily with your rights and the court’s necessary processes during the earliest stages of your case.
The part of your case we are discussing are the “initial proceedings.” These come after arrest and booking. This is when you first appear before a judge in court with your Utah criminal defense lawyer at your side. Rule 7 encompasses your “first appearance,” which is often called your “arraignment,” as well as your initial bail determination hearing and your preliminary hearing.
Note that Rule 7 applies specifically to Class A misdemeanors (punishable by up to 364 days in jail) and felonies (punishable by over a year in prison). It does not apply to other lesser charges; they do not get preliminary hearings.
Initial Appearance Under Rule 7 in Utah Criminal Cases
Your initial appearance – i.e., your first time before the judge – is usually known as an “arraignment.” It is at this stage that you first hear what the charges you are facing are and are given a chance to enter a plea.
If you want to fight the charges, you enter a plea of “not guilty,” indicating that you are innocent. If you enter a “guilty” plea – or other similar pleas like a “no contest” plea – then the rest of the case will be skipped, a guilty plea will be entered on the record, and you will go straight to sentencing. You should usually enter a not guilty plea so that you can take the time to discuss your case with a lawyer and come back to fight the charges or potentially seek out a plea agreement to avoid the harshest penalties or reduce the final charges against you.
During your initial appearance, the court has to inform you what the charges are, show you the claims/information/affidavit filed to support the charges, and give you a copy of your charging documents. This is what you will take to your lawyer to show them exactly what the case against you is for.
You will also be informed of your right to bail, your right to a lawyer, and your right to remain silent at this stage. Do not say anything except to enter a not guilty plea; your lawyer will speak for you at a later stage.
Bail Hearings Under Rule 7 in Utah
You should be given bail in most cases, meaning that the Rule 7 bail hearing in your case should ultimately result in your release. The judge should only keep you in jail if there is a noted risk that you will flee from the next court date or if the charges against you are severe and indicate you might be a risk to the community.
Ultimately, your lawyer should be present at your bail hearing to help make arguments to get you released. If you do not have a lawyer at your initial hearing and you are not released, you can have your lawyer request a new bail hearing to “modify a pretrial status” under the rules contained in subsection (c) of Rule 7.
Right to Counsel and Appointment of Counsel Under Utah’s Rule 7
Rule 7 also lays out the explanation of your right to counsel – something protected by the U.S. Constitution’s 6th Amendment and the Utah Constitution’s Art. I, Sec. 12.
Rule 7 says that you should be given a reasonable time to get a lawyer to come with you to your initial hearing if you do not have one. It also says that they should look into whether you can afford a lawyer and appoint one for you if you cannot. That is handled under Rule 8.
It also explains that you can decide to proceed without a lawyer – known as pro se – but your lawyers would encourage you to get legal help on your case. If you are not a lawyer – and sometimes even if you are a lawyer – it can be difficult to understand exactly how what you say or do could ultimately hurt your case.
Rule 7 says that up to 7 days can be issued for a “continuance” to allow you to prepare for your case. The court can also go beyond 7 days with your consent.
Preliminary Hearings Under Rule 7 in Utah Criminal Cases
Rule 7 lastly lays out the right to a “preliminary examination” – i.e., a preliminary hearing. This is only available for more serious cases, as most Class B misdemeanors and other crimes under that level do not get a preliminary hearing.
The goal of a preliminary hearing is to give you an initial chance to examine the evidence against you and challenge the government’s probable cause to move forward with the charges. If they do not have probable cause, the case must end, though it might be able to be re-filed if they seek additional evidence.
Usually, this hearing must happen within 14 days if you are held in custody or within 28 days if you’ve been granted bail. You can also consent to this taking longer, and the court can extend it further if there is good reason.
Note, however, that preliminary hearings are skipped entirely if there is an indictment before a grand jury. Preliminary hearings are merely an alternative to an indictment, which is also a legal process to find whether there is probable cause for a case.
Call Our Utah Criminal Defense Lawyers Today
For help with a criminal case, contact the Salt Lake City criminal defense attorneys at Overson Law at (801) 758-2287 right away.
