04. More > Appeals
Appeals
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If your case was a misdemeanor that started in a Utah Justice Court, your appeal is basically a "do-over" in the District Court: same charges, same prosecutor, but different judge and different jury. If your case was a class A misdemeanor or felony that started out in the District Court, your appeal is not really a do-over, but a chance to convince the Court of Appeals that there was a legal error that happened in your case and you deserve a new trial. It's constitutionally impermissible to be punished for filing an appeal, so even if it is unsuccessful, it can't get any worse. That means it's something you should seriously consider if you "lost" your criminal case.
At Smoland Law, we are experienced in both types of appeals. Dain has argued and won criminal appeals all the way up to the Utah Supreme Court, and gotten his clients' serious convictions reversed. If you had a trial and lost (either with an attorney's help or without), get in touch with us to discuss what happened and what we can do for you.
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For the last several decades, guilty pleas have been essentially impossible to appeal in Utah. But a new case called Rippey v. State changed that. Now, you might be able to undo a guilty plea on direct appeal, for instance if you received bad advice from your attorney, or your plea was unknowing and involuntary.
You can read more about Rippey here. But if you or a loved one entered a guilty (or no contest) plea and need to try to undo it, reach out to us.
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