What is a Preliminary Hearing? 801-676-7308 Utah Criminal Defense Attorney explains...

So, March went by quickly didn't it?

Good news is that I'm ready for April.

Survived April Fool's Day.

You know, those kids of mine - they sure can do some funny jokes... which I can laugh at now... I surely don't laugh when they do them.

That's a story for another day.

Utah Criminal Defense Lawyer





Essentially, a "prelim" or a preliminary hearing is the opportunity for the prosecutor to prove that they have sufficient cause for the case to be bound over for trial.

Keep in mind that these hearing don't happen in Utah Justice Courts for Class B or Class C misdemeanor crimes.  These are only for the more egregious offenses.

These would only happen at a Utah District Court  --  a preliminary hearing (some jurisdictions call them "probable cause" hearings -- they are the same thing) it is an evidentiary hearing.

An evidentiary hearing means that the parties can put on evidence - meaning witnesses and exhibits to show probable cause.

In this proceeding, after a criminal complaint (or information) has been filed by the prosecutor, to determine whether there is enough evidence to proceed forward in the case to a trial.  If there is no probable cause, then the judge would dismiss the case and the criminal charges go away.

I sure hope that this has been beneficial to you.

Best --



James R. Balmforth, JD
West Jordan Utah Criminal Defense Lawyer
801-676-7308