In Utah, the evidence standard at a preliminary hearing is probable cause. It must be shown that a crime likely happened and that the defendant was involved. This guide will explain what probable cause means and why it is important.
The prosecutor must meet the probable cause standard by presenting enough evidence to show that a crime likely occurred. This standard is much lower than what is required at trial. The preliminary hearing determines whether the case should proceed. If the judge finds probable cause, the case will continue. However, if the judge finds the evidence insufficient, they may dismiss the charges.
The prosecutor presents enough evidence to meet the probable cause standard, showing that a crime likely occurred. This standard is much lower than the one required at trial. The preliminary hearing decides whether the case will proceed. If the judge finds probable cause, the case moves forward. If the judge finds the evidence lacking, they dismiss the charges.
During a preliminary hearing, the evidence will be interpreted in a way that favors the prosecution. The court is required to draw reasonable inferences in the government’s favor. Even if the defense presents evidence, it will not be weighed equally at this stage. The judge’s focus is only on whether probable cause exists.
The standard of proof at a preliminary hearing remains relatively low. Utah courts, as shown in Prisbrey, 2020 UT App 172, have clarified that this standard does not require the prosecution to prove every fact. The prosecution needs to provide only some evidence for each element of the crime. The preliminary hearing does not determine guilt but rather decides if there is enough reason to proceed to trial.
At a preliminary hearing, attorneys do not follow the rules of evidence as strictly as they do at a trial. Under the Rights of the Accused Utah Constitution Art1Sec12, reliable hearsay evidence can support the prosecution’s case. This allowance enables the prosecution to introduce more evidence without the usual restrictions, making it easier to establish probable cause.
In some cases, attorneys can submit witness testimony in written form instead of requiring live testimony in court. Rule 1102 allows a signed declaration under oath to replace the need for the witness to appear. Courts often use this approach in sensitive cases, such as those involving child victims, to reduce the stress on the witness.
Knowing how probable cause works is critical if you face charges. A skilled defense attorney can challenge the evidence presented at the preliminary hearing. If the prosecution does not establish probable cause, the judge could dismiss the case before it reaches trial. This step in the legal process allows your defense to make a significant impact.
The Utah Constitution, under Article I, Section 12, guarantees several rights to individuals accused of a crime. These rights include the right to appear in court, the right to have a lawyer, and the right to know the charges against them. It also protects the right to a speedy trial. The standard of probable cause at the preliminary hearing significantly influences whether a case will go to trial. See the entire section on the accused righs here: Rights of the Accused Utah Constitution Art1Sec12
If you face charges, you need an experienced attorney who knows how to challenge probable cause at a preliminary hearing. Jake Gunter, a Utah criminal defense lawyer, can assist you. He has the expertise to fight for your rights and challenge the prosecution’s case. Call (801) 373-6345 for a free consultation.
FAQs About Utah Preliminary Hearings and Probable Cause
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