Northwest Institute for Restorative Justice

If you have been charged with a crime in one of Utah’s many justice courts, you need to be aware of your right to appeal. There are two trial court systems in Utah: district courts and justice courts. Felonies and serious misdemeanors must be prosecuted in the district courts. Justice courts have jurisdiction over less serious misdemeanors, traffic violations, and infractions. If you face charges in a justice court, you have the right to appeal any judgment of the justice court to a district court. The Utah code states, In a criminal case, a defendant is entitled to a trial de novo in the district court only if the defendant files a notice of appeal within 30 days of: (a) sentencing after a bench or jury trial, or a plea of guilty in the justice court resulting in a finding or verdict of guilt; or (b) a plea of guilty in the justice court that is held in abeyance. Utah Code Annotated § 78A-7-118. What this means is that after sentencing, a defendant may appeal to the district court for a trial de novo. “De novo” means “beginning again.” The appeal resets the case to the very beginning and gives the defendant the right to a new trial. The defendant may also negotiate a different plea bargain. It is very important that a justice court case be appealed within 30 days of sentencing or pleading guilty on a plea in abeyance. On the 31st day, the justice court judgment is final and no appeal is possible. The notice of appeal must be in writing and must be filed in the justice …