A person arrested for a domestic violence charge in Utah is often subject to certain restrictions imposed under a jail release agreement. The victim is allowed, circumstances, to waive the contact and communication provisions of the release agreement before the criminal case has been presented to a judge. The waiver must be in writing and must comply with various statutory requirements to be effective. Consultation with an attorney is strongly advised before attempting to execute a waiver.
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When is it too late for a prosecutor to change the charges in a criminal case? Constitutional due process and double jeopardy protections affect the question of when a prosecutor can file new or different charges in a criminal case. Utah's Rule 4(d) of the Rules of Criminal Procedure provides that a prosecutor can file an amended information with new, additional, or different charges any time prior to the beginning of a criminal trial, "so long as the substantial rights of the defendant are not prejudiced." Jeopardy is considered to "attach" to a case once a jury is empaneled or, in a bench trial, when the first witness is called and sworn. In order to comply…
Is a preliminary hearing required in misdemeanor cases? A preliminary hearing ("preliminary examination" under the Utah State Constitution) is an opportunity for the court to determine whether the prosecution has enough evidence to justify moving the case forward to trial. If the court finds that the evidence establishes probable cause to believe that a charged crime has occurred and that the defendant is the person who committed the crime, the judge (acting as magistrate) will enter a "bindover" order requiring further proceedings moving toward trial. A preliminary hearing ("examination") or a waiver by both parties is required in all felony cases, and also in any class A misdemeanor…
Do I have to appear in person at an arraignment? In most Utah courts, the judge will expect the defendant to appear in person at an arraignment hearing. If you ignore and skip a scheduled arraignment, the court will likely issue a warrant for your arrest. However, sometimes a court will accept a waiver of the formal arraignment or may allow a defendant to appear remotely or through counsel. Your attorney can help explain your options.
What if I cannot appear in person at arraignment? There can be circumstances that simply make it impossible or impractical to be physically present at a scheduled criminal arraignment hearing. Health and distance are two common reasons, but there may be others as well. In misdemeanor cases, some Utah courts will accept a written waiver of the right to a formal arraignment. Some judges may also allow a "remote" appearance by phone or video, or may allow your attorney to appear in court on your behalf.
