Should I waive my Preliminary Hearing?

Posted about 5 years ago. Applies to Utah, 1 helpful vote



Your Right to a Preliminary Hearing

If you are charged with a felony in Utah, you are entitled to a preliminary hearing. This is a hearing for the government to put on evidence that demonstrates a probable cause that a crime has been committed and that the accused did it. The burden is very low. Probable cause is the standard. Rarely do cases get dismissed at this stage, but it does happen.


Should I waive this hearing?

Many people waive these hearings because the burden is so low and they dod not contend that the government could show a probable cause that a crime was committed by the defendant. Generally speaking, I never waive this hearing unless there is a good reason to do so. I use them for discovery, getting the officer on the record, and to test the issues.

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Felony crime

A felony is a crime that is punishable by more than one year in prison. Certain especially severe felonies may be punishable by the death sentence.

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