What Happens at a Criminal Trial?

This article is meant to act as a basic guide of the criminal trial system. If you have been charged with a crime in Utah, you probably have many questions about what to expect, should your case go to trial.

The main steps in processing a criminal case:

1. An arrest has been made. This could be made at the scene of a crime, or as the result of an investigation. Police and detectives will hold a criminal investigation to gather evidence to identify a suspect and support an arrest. A search may be performed as part of this process. Probable cause is the standard of proof required for a search to take place. Probable cause means there are facts or apparent facts indicating evidence of a crime can be found in a specific location.
2. The prosecution has been made. When a person is charged with a crime, they are a criminal defendant by the district attorney. When deciding whether to charge a person with a crime, many factors will weigh in on the prosecutor’s decision. Including the seriousness of the offense and the strength of the evidence.
3. Arraignment by a judge. This happens before the trial and is where the defendant appears in court and enters a plea.
4. Pretrial detention and/or bail. This is the period that a person is held in custody before the trial takes place. A bail amount is set and may be paid should the defendant wish or can do so. This money is paid by the defendant to ensure he or she will show up for trial.
5. Although this is not an official stage, plea bargaining is quite common to reduce our already strained criminal justice system. This is a meeting between prosecuting and defense attorneys in which a charge reduction or a sentence reduction is offered in exchange for a guilty plea.
6. Under The United States Constitution, a person has the right to choose if they would like a jury trial or a trial by a judge alone. This is the case when a sentence will be more than six months of imprisonment.
7. Should the defendant be found guilty, the sentencing stage will begin. A judge will carry this out. The sentence will depend on a variety of factors, including previous convictions and mandatory minimum sentences. Possible sentences include fines, probation, a period of incarceration in either a jail or prison, or a combination of supervision and community service.
8. Appeals may be filed in appellate courts and then ruled on by appellate judges. There are many directions that this hearing can go. However, should the case get reversed, then the original hearing is treated as though it has never happened. Prosecuting attorneys can then decide to refile the case or drop the charges. However, keep in mind that the case can be refiled should the statute of limitations not expire for the crime.

Don’t go through this process alone.

Most people know individuals have better success with their legal endeavors with an attorney. If you or a loved one has been charged with a crime, they have the right to an attorney. If you have been charged with a crime in Utah, consider calling Christopher Ault of Utah Criminal Defense Attorneys to learn more about your options. We can be reached at 801-987-8409 to speak with a professional and schedule a consultation.