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Richard G. Uday, Attorney at Law Licensed to practice in the State of Utah
801-579-0600 rich@udaylaw.com
Richard G. Uday, Attorney at Law

The Answer To Your
Criminal Law Issues

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Why Hire Uday Law?

Criminal Procedure for
Misdemeanor Cases

(class B & C misdemeanors)

Comparing the B & C misdemeanor procedure to the felony procedure.

1. Arraignment

At this hearing, the B & C misdemeanor defendant is required to enter a plea of guilty or not guilty. If you enter a plea of guilty, the case will be scheduled for sentencing. If you plead not guilty, your case will be scheduled for a Pre-trial or Scheduling Conference, often before a different judge—depending on the jurisdiction.

2. Pre-trial/Scheduling Conference

At the Pre-trial Conference, your attorney can discuss your case with the prosecutor and can again attempt to negotiate a reasonable plea agreement. If you are unable to reach a plea agreement, the pre-trial conference can be used to schedule further hearings in your case or a trial date.

3. Motion/Suppression Hearing

When appropriate an attorney may be able to file a Motion to Suppress asking the court to suppress some or all of the evidence from being introduced in the case against the accused. If such a Motion is granted, a case can be dismissed or seriously weakened. There may be multiple motions that can be filed, depending on the facts of your case.

4. Trial

If you are unable or unwilling to negotiate a satisfactory plea agreement and your case is not resolved by a Motion to Suppress, you have the right to have your case tried before a judge (bench trial) or a jury (jury trial). The size of the jury is determined by the most serious charge filed against you in your case. At the trial the prosecution will be required to present witnesses and evidence that support the charges against the defendant. At trial the prosecution has the burden of proving the defendant is guilty beyond a reasonable doubt. In order to convict, all members of the jury must agree to find the defendant guilty; this is called a unanimous verdict.

5. Sentencing

If you are convicted or enter a plea of guilty pursuant to a plea agreement, the defendant has the right to be sentenced in no less than two (2) but no more than forty-five (45) days. The defendant has the right to waive time for sentencing and be sentenced immediately if he or she chooses. In some cases, a judge will require the defendant to meet with a probation officer prior to sentencing to get a pre-sentence report. The pre-sentence report is a recommendation by the probation department for what type of sentence is appropriate for the defendant. At sentencing, the court will hear recommendations from the probation department, the prosecutor, and from the defendant and his attorney. None of these recommendations are binding on the court, and the judge makes the final determination as to the sentence to be imposed.

6. Appeal

If you are found guilty, you have the right to appeal your conviction. There are many different reasons for filing an appeal, and it is important that you have an experienced attorney review your case and determine which grounds for appeal will have the greatest likelihood of success. From most B & C misdemeanor courts (justice courts) an appeal is different than from a felony or class A misdemeanor. A convicted defendant will appeal his conviction as a de novo or new trial appeal in the district court, not the court of appeals. In some cases, a successful appeal will result in a dismissal of the case; in others, it may result in a new trial. Regardless of the basis of appeal, a written Notice of Appeal must be filed within 30 days of the conviction and/or sentencing. Along with the Notice of Appeal, a Petition for a Certificate of Probable Cause can be filed asking the court to stay the imposition of the sentence that was imposed until the appeal has been decided.

Uday Law Office

Trolley Corners Center
515 South 700 East, Suite 3-E
Salt Lake City, Utah 84102

e: rich@udaylaw.com
p: 801.579.0600
f: 801.579.0606

Free Consultation