Can I file an appeal before sentencing in a criminal case?
The general rule for appeals in a criminal case is that a defendant must file a notice of appeal within 30 days of a final appealable order (28 days if the appeal is from a justice court decision). In most cases, the court’s sentencing order will be considered the final order which triggers the right to appeal and the time for filing the notice of appeal. There are limited exceptions when an appeal can be filed before sentencing.
The appeal process in Utah is complex. Having the assistance of an experienced criminal lawyer is important. Contact us today to arrange for an initial confidential consultation.
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Appealing from a Final Order
Under most circumstances, an appeal in a criminal case in Utah cannot be filed until after a final judgment has been entered by the trial court. In Utah criminal cases, the trial court’s sentencing order is typically considered to be the final “appealable” order. Therefore, in most cases a notice of appeal should not be filed until after the court has signed the sentencing order.
In cases where a person has filed a notice of appeal prior to sentencing, the Utah Court of Appeals or Utah Supreme Court may, on motion of the court (meaning even if the prosecution doesn’t make the motion), dismiss an appeal for lack of jurisdiction if no final order has been entered in the trial court. A dismissal of an appeal under such circumstances does not necessarily mean that the defendant will be denied the right to appeal. Rather, the defendant will have to wait until after the final order (sentencing order) is entered, and then refile the notice of appeal.
Interlocutory Appeals in Utah
Utah’s Rules of Appellate Procedure do allow for certain exceptions to the “final judgment rule.” If one of these exceptions is met, then permission to file an interlocutory appeal may be granted.
A good attorney will talk with you about how your case can affect your job, education, family, and future.
Typically, an interlocutory appeal is not considered to be an appeal as of right. This means that a petition (request) for permission to file the interlocutory appeal must be filed before the appeal itself if filed. If permission is granted by the appellate court, then full briefing on the appeal can proceed.
Finding an Attorney for Criminal Appeals
The appeals process is complex. Having the right attorney is important. Contact us directly to see how we can help.
