Post Conviction Relief in Utah – Habeas Corpus
This INFORMATION IS FOR EDUCATIONAL PURPOSES ONLY. WASATCH DEFENSE LAWYERS DO NOT HANDLE THESE TYPES OF CASES, BUT WILL GLADLY DIRECT YOU TO AN ATTORNEY THAT DOES.
It’s a sad reality that, even with all of our system’s safeguards, sometimes innocent people get convicted. It’s also true that, even in cases of clear guilt, members of the justice system can abuse their position or simply make mistakes. In both cases, the law of the land is clear: if your rights were violated, then you get to go free. That’s called post-conviction relief, but it’s only available under very specific circumstances and for a very short period of time. You’re also in charge of proving that your rights were violated in a clear and obvious fashion.
We know what it takes to turn experience into results. Our attorneys understand how prosecutors think, how to challenge the evidence, and when to negotiate or take your case to trial. Every strategy is built around putting you in the strongest possible position.
But we don’t just know how to win—we have a track record that proves it. With more than 30 years of experience and thousands of clients represented, our results speak for themselves.
Proven Results. Relentless Defense.
A History of Successful Defenses
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Not Guilty State v. A - Not Guilty on Attempted Rape, Forcible Sex Abuse, Kidnapping, Assault
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Not Guilty State v. A - Not Guilty on Attempted Rape, Kidnapping & Assault
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Dismissed State v. F - Aggravated Sexual Assault, Aggravated Kidnapping Dismissed
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Dismissed State v. F - DV & Aggravated Assault Charges Dismissed
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Dismissed State v. F - Protective Order Violation Charges Dismissed
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Dismissed State v. F - Violation of Protective Order Dismissed
What Does Post-Conviction Relief Mean?
Post-conviction relief is the dismissal of a conviction after the conviction has already been ordered. The dismissal of a conviction is typically accomplished under the Utah Post-Conviction Remedies Act, which only offers a limited timeframe for appeals. Post-conviction relief is a broad term that is usually associated with appeals of all criminal convictions which include but not limited to modification of jail sentence, new trial, and even release.
As may be expected, the State of Utah doesn’t want just any conviction to be challenged, so the grounds for the petition are very specific.
The law allows the court to modify the sentence or initiate a retrial if:
- Your constitutional rights were violated
- The conviction happened in the wrong jurisdiction
- You received an inappropriate or illegal sentence as part of the conviction
- The evidence produced at the trial was contaminated or otherwise problematic
- You made a plea agreement which was then changed without your consent or was improperly executed
- New material of evidence has been discovered which requires the district court to reconsider the sentence or conviction for some reasons.
Why Choose Wasatch Defense Lawyers
Hire at Team You Can Count On
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Largest Criminal Defense Team in the History of the State
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100+ Years of Combined Criminal Defense Experience
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Fewer than 1% of its clients have been sent to prison
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Over 650 Trials Handled
our winning strategy
4 Steps to a Positive Outcome
Every case is different. At Wasatch Defense Lawyers, we thoroughly investigate the facts, examine the evidence, and identify weaknesses in the prosecution’s case. Our attorneys evaluate every available option, from challenging improper procedures and suppressing evidence to negotiating reduced charges or preparing for trial. With decades of combined experience and hundreds of trials, we approach each case strategically and aggressively. Whether pursuing dismissal, reduced charges, or a favorable trial outcome, we build a defense focused on protecting your rights, freedom, and future.
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1Laying the GroundworkWe prepare before the fight begins. Decades of experience, deep legal knowledge, and strong relationships with prosecutors and judges give us the foundation to build a smarter, more targeted defense.
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2Discussing The DetailsEvery detail matters. We dig deep into your case, examining reports, records, evidence, and your side of the story to uncover the facts that can shape your defense.
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3Building Your CaseWe challenge what the prosecution thinks it knows. We scrutinize the evidence, investigate police procedures, expose weaknesses, and develop a defense strategy built specifically for your case.
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4Obtaining Positive ResultsWe pursue the outcome that puts you in the strongest position. Whether through aggressive negotiation or a meticulously prepared trial defense, we fight to reduce charges, protect your future, and achieve the best result possible.