Most Utah Criminal Cases Don’t Go to Trial
There are large amounts of criminal offenses one can commit in Utah. They range from the serious, such as murder, to the less serious, such as a zoning ordinance violation of failing to water one’s lawn. Criminal cases for nearly any criminal charge seldom go all the way to a trial. Most cases, such as a DUI case, are resolved before a trial is necessary either through a plea bargain or dismissing the criminal charge. The few cases that are resolved through trial usually stand and aren’t appealed by the defendant’s Utah criminal defense attorney.
Motion for a New Trial
Besides appealing a criminal conviction for something like a DUI, however, the Utah Rules of Criminal Procedure allow a defendant’s Utah criminal defense attorney make a motion for a new trial. Criminal Procedure Rule 24(a) says a “court may, upon motion of a party or upon its own initiative, grant a new trial in the interest of justice if there is any error or impropriety which had substantial adverse effect upon the rights of a party.” So, if a defendant is convicted of a DUI, the judgement may be thrown out and a new trial may commence.
“A motion for a new trial shall be made not later than 10 days after entry of the sentence, or within such further time as the court may fix…” Rule 24(c) of Criminal Procedure. A motion for a new trial must quickly be filed with the court after the conclusion of the criminal trial. Motions for new trials are granted but not very regularly. It is often a last resort in criminal defense case. A Utah trial court has broad discretion in granting or denying a motion for a new trial so a denial of such a motion isn’t usually reviewable by a higher court.
Utah Criminal Defense Attorneys May Get Defendants a New Trial
Though a motion for a new trial is used as a last resort in a criminal case, it can still be an effective way to protect a criminal defendant’s rights. If you have very recently been found guilty of a crime, such as a DUI, through a trial, and feel you deserve a new trial, call a Utah criminal defense attorney from Salcido Law Firm. A Salcido Law Firm lawyer will file a motion for a new trial or if that fails, appeal your conviction. Our lawyers are dedicated to protecting a criminal defendant’s rights and will work hard to protect them. Call 801.618.1334 to speak with a lawyer for free today.