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Utah

State Resource Guide

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The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Prosecutorial Review

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions to be resentenced, to dismiss the charges, or for a new trial based on new evidence or legal errors in the proceedings. In certain situations, the prosecution may also file a motion to modify the person’s sentence.
  • Victims can receive information about post-trial motions from the District Attorney’s Office where the case was prosecuted.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-sentencing motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • The District Attorney’s Office or the Appellate Department of the Utah Attorney General’s Office represents the state on direct appeal. To receive appeal updates, victims can contact the District Attorney’s Office where the case was prosecuted. Victims can search for appellate court rulings online. 

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, shortening the amount of time the convicted person must spend in prison, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The Appellate Department of the Utah Attorney General’s Office represents the State in state post-conviction proceedings. To receive updates on the state’s post-conviction process, victims can contact Victim Services by phone at (801) 281-1206 or (801) 281-1291 or by email at victimservices@agutah.gov.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Utah law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The Appellate Department of the Utah Attorney General’s Office represents the State in federal habeas corpus proceedings. To receive updates, victims can contact Victim Services by phone at (801) 281-1206 or (801) 281-1291 or by email at victimservices@agutah.gov.

Early Release Programs

These programs can include parole, compassionate release, or earning time off a sentence for good behavior in prison or participation in certain programs.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in Utah, including parole, compassionate release, earning “credits” for good behavior in prison, participating in certain approved programs, or for other accomplishments.
  • Victims can track the status of an incarcerated person through the Utah Department of Corrections. Victims can register with the Victim Information and Notification (VINE) system for automated notifications. For parole information, victims can contact the Board of Pardons victim coordinator by phone at 801-261-6464.

Prosecutorial Review

Prosecutors can reconsider the conviction to be sure it is just.
  • Individuals who were convicted in certain counties in Utah – Summit, Davis, Utah, and Salt Lake – and who claim to be innocent or to be victims of a manifest injustice may ask the local prosecutors’ offices to review their convictions.

Clemency

In rare cases, the Board of Pardons and Parole may grant the convicted person relief from their sentence or conviction.
  • The Board of Pardons and Parole can grant clemency to people convicted under Utah law. Clemency usually takes the form of a pardon (which forgives a conviction) or a commutation (which shortens a person’s sentence).
  • For clemency information, victims can contact the Board of Pardons victim coordinator by phone at 801-261-6464.

Victims Rights
Post-Conviction

In Utah, victims have the right to:
  • Be treated with fairness, respect, and dignity, and be free from harassment and abuse
  • Be informed, be present, and be heard at important criminal justice hearings*
  • Prompt and final conclusion of the case after the conviction or sentence
  • Submit a written statement in any action on appeal related to the crime
  • Notification of and presence at parole hearings*
  • Request restitution and apply for crime victim’s compensation
  • Prompt return of property no longer needed by law enforcement

 

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the Utah Crime Victims Reparations Program reimburses victims for expenses related to the crime, such as medical care, lost wages, and funeral costs.
  • For assistance with unpaid restitution, victims can contact the Board of Pardons and Parole, Adult Probation and Parole, or the court. To seek compensation through the Crime Victims Reparations Program, victims can review the application and call 801-238-2360 to speak to an advocate for further information. Utah does not have a time limit for filing claims.
Click here to learn more about the post-conviction process and victims’ rights in Utah

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