Will a prosecutor make an offer at the arraignment?

October 28, 2022 by stephenh

In justice court misdemeanors, prosecutor’s are sometimes prepared to make a plea offer to resolve a case at the arraignment hearing. Often, however, the prosecutor has not had an opportunity to thoroughly review the case materials and is therefore not ready to make an offer. In some justice courts, prosecutors may not even be present at the arraignment. Regardless, it is best to consult with an experienced defense attorney before accepting any offer to resolve a criminal case.

Does a prosecutor have to turn over discovery materials in possession of police?
Pursuant to State v. Knight, 734 P.2d 913 (Utah 1987), constitutional principles of due process dictate that a prosecutor’s obligation to provide discovery materials extends to materials known to, in possession of, or under the control of any member of the prosecution team. Prosecutors sometimes erroneously believe that they are only responsible for providing discovery materials in their direct possession. But the prosecution team includes police officers or agencies involved in the investigation or prosecution of the criminal case.
What is the first felony court hearing in Utah?
The first hearing in a misdemeanor criminal case is normally the "arraignment" hearing, where the judge will read the charges formally filed in the case and ask the defendant to enter plea of either guilty or not guilty. In Utah felony cases, the arraignment does not occur until after the case has been "bound over" for trial in the district court. The first felony court hearing is sometimes referred to simply as an "initial appearance" or "felony first hearing."
Can I resolve my case at the arraignment?
In misdemeanor cases, you can sometimes resolve your case at the first hearing (arraignment). Generally, however, this will mean some kind of conviction will be entered on your record. More often, a better result is obtained when you begin by entering a "not guilty" plea and seeking the advice and assistance of a good attorney.
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…
Should I plead guilty or not guilty at arraignment?
The Constitution creates a presumption of innocence and requires that the prosecution prove their case beyond a reasonable doubt in any criminal case. Entering a plea of "guilty" at the arraignment erases the presumption of innocence and relieves the prosecution of the burden of proof. In almost every case, it will make sense to enter a plea of "not guilty" at the arraignment stage of the case, even if you plan to eventually resolve the case. Your attorney can help you decide what strategy is most likely to achieve the results you need.

Will a prosecutor make an offer at the arraignment?

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