What If I Have Previous Utah Criminal Convictions?
If trial court mistakes led to your conviction, or you pled guilty without understanding the ramifications, Kimberly J. Trupiano can work to reverse or amend any black marks on your record. Defendants who think they’ve been wrongfully convicted can do any of the following:
- Make a motion asking the trial judge to overturn the jury’s guilty verdict and enter a verdict of not guilty
- Move for a new trial, ask the judge to set aside the jury’s verdict, declare a mistrial and start over
- Appeal or seek a writ, which means asking a higher court to reverse a conviction
An appeal is a request to a higher court to review and change the decision of a lower court. The defendant may challenge the conviction itself or the sentence. A successful appeal usually restores a case to the initial stages, though it sometimes can end the case completely.
The Appeals Procedure
The hierarchy of state court consists of:
- Trial courts and their appellate divisions
- Intermediate appellate courts made up of three-judge panels
- Highest courts consisting of seven or nine justices
Convicted defendants have a right to review by an intermediate appellate court, provided they comply with statutory time limits for requesting an appeal. Defendants file written briefs claiming that certain errors warrant the reversal of a conviction or the reduction of a sentence. After the government submits a response, an appellate court may hear the argument from both sides. If the state’s intermediate appellate court upholds a conviction, a defendant can appeal to the state’s highest court and then to the Supreme Court.
The government cannot appeal verdicts of acquittal; however, if a trial judge rules that a convicted defendant is entitled to trial, the government can appeal the new trial order.
Contact Trupiano Law in Salt Lake City
Kimberly J. Trupiano is an aggressive, enthusiastic lawyer who specializes in appellate law. If you have been convicted of a crime and want to challenge the conviction or sentence, consult Ms. Trupiano today for the best legal counsel in Salt Lake City.