04. More > Post-conviction


Post-conviction

  • There's lots that happens after a conviction: stuff like sentencing, maybe probation, maybe an appeal, an expungement, a 402 reduction. But when we say "post-conviction" in Utah, we're usually talking about a specific type of lawsuit under the Utah Post-Conviction Remedies Act, which is another version of the Writ of Habeas Corpus. Even though they are all about a criminal case, these lawsuits are civil cases that are filed in civil court under the rules of civil procedure. 

    Sound complicated? It is. Dain Smoland is one of the few criminal defense attorneys in Utah who handles "Post-Conviction" cases from start to finish. Because they are so complicated and take so long to litigate (and often require re-investigation of the case and sometimes new expert witnesses), it's the rare client for whom filing a PCRA case makes sense. But for some it does. For some folks it's the last best chance to get a really serious conviction reversed and get a new trial. If you think you (or a friend or family matter) might be the kind of person who needs to consider a post-conviction lawsuit, feel free to reach out.


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