BY DONALD E. MCCANDLESS
(Please understand that the answers to these questions are general in nature and may not cover every individual situation.)
If you or a loved one have been arrested for and charged with a felony, it can be a frightening and devastating experience. In the State of Utah, the possible penalties for felonies range from zero to five years in prison for third degree felonies, to five years to life for first degree felonies. Some first degree felonies (especially sex offenses), have minimum mandatory sentences attached to them. Capital offenses such as aggravated murder may carry the death penalty. Procedure in felony cases is much more complicated than it is in misdemeanor cases. In a felony case, after an arrest, the first hearing is normally a bail hearing. At a bail hearing a probable cause statement will be presented to the judge, and a bail amount will be set. The next hearing is a felony first appearance where the defendant is given a copy of a document called an information. The information is the document that indicates what charges are being filed. Usually a week or two after the first appearance hearing, the court will schedule a waiver hearing, or roll call hearing. The purpose of this hearing is to determine whether the defendant will ask to have the case set for preliminary hearing or will waive preliminary hearing. Plea bargains often occur at this stage of the proceedings. Read more…