If you have been wrongfully convicted of a crime in Utah, it is critical to contact an
experienced criminal defense attorney immediately. The appellate process can be complicated, and there are critical time deadlines that must be met in order to preserve your right to appeal your conviction.
Contact us now to learn how our defense team can help.
The best defense attorneys challenge the status quo through ethical advocacy both in and out of the courtroom.
Appealing from District Court – Appellate Processes
The first step in appealing from a district court conviction or decision is the filing of a “Notice of Appeal.” It is critical that this notice of appeal be filed within 30 days after the trial court enters a final judgment.
In a criminal case, the “final judgment” is typically the sentencing order. If the Notice Appeal is not filed within 30 days, the right to appeal is considered waived or forfeited.
The Notice of Appeal must be filed with the court in which the conviction occurred, and indicates the defendant’s intent to appeal the conviction or other court ruling. Following the filing of a Notice of Appeal, a Docketing Statement must be filed that sets forth the anticipated issues on appeal.
The best attorneys understand your case involves more than just what happens in court.
Once the official record is compiled and transmitted from the trial court to the appellate court, trial transcripts, motions, orders, and other documents must be reviewed to identify
issues that may provide grounds for reversing the conviction or other court order. It is not uncommon for a careful review of the court records and transcripts to reveal potential appeal issues that had not been apparent to trial counsel during the proceedings.
After the issues have been identified, the appellant (typically the defendant) has the obligation of filing an opening brief with the appellate court. The brief provides the appellant with the opportunity to present an in-depth legal analysis of errors that occurred in the trial court.
The prosecution then files a brief responding to the appellant’s arguments. The defendant then has an opportunity to file a final (shorter) brief replying to any issues raised by the
prosecution in its brief.
A successful defense strategy starts with an understanding of your goals and needs.
Following the briefing process, the appellate court will review the briefs and schedule oral arguments in the case. The oral argument process allows the parties to appear before the appellate court and respond to any questions or concerns
After oral argument, the appellate court will take the matter under advisement. Once the court has reached a decision, it will issue a formal written opinion announcing the decision, and setting forth the legal basis for the decision.
In most Utah criminal cases, the appeal is heard by the Utah Court of Appeals. If either party is dissatisfied with the outcome in the Court of Appeals, a petition for a writ of certiorari may be filed with the Utah Supreme Court.
The right criminal defense attorney makes a real difference for YOU and for your case.
A petition for a writ of certiorari is a request to have the Supreme Court review the Court of Appeals’ decision. The Supreme Court is not required to hear the case, but will first consider the initial petition to determine whether the case merits further review.
If the petition for a writ of certiorari is granted, this does not mean that the Court of Appeals’ decision is automatically reversed. Rather it simply means that the Supreme Court has agreed to hear arguments on the case. If the petition is granted, the parties engage in a briefing process and oral argument process very similar to that involved in the direct criminal appeal process.
Appealing from a Justice Court
The appeals process from a justice court is entirely different, and does not require docketing statements, briefing, or oral arguments. Instead, since justice courts are not considered “courts of record,” the appeal is in the form of a “de novo” hearing or trial. “De novo” means that the defendant is automatically entitled to a new hearing or trial, which is heard in the district court. The result of the “de novo” hearing or trial in the district court is typically considered final, with no further appellate review.
A 28-day period for the filing of a Notice of Appeal applies. (NOTE: This is two days shorter than the 30-day window for filing notice for an appeal from district court.) If the Notice of Appeal is not filed within that time period, the right to appeal is considered waived or forfeited.
Finding the Right Criminal Appeals Attorney
We are pleased to offer legal services to clients throughout Utah. If you have been convicted in a Utah criminal case, time is critical to preserving your right to appeal.
Contact us now to see how the right defense team can help you, and learn more about beginning the appeal process.
