Criminal Appeals Attorney Utah
Can I file an appeal in a criminal case in Utah before
sentencing?
The general rule for appeals of criminal cases is a defendant must file
a notice of appeal within 30 days of a final appealable order. 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 can be very complex. Having the assistance
of an experienced criminal lawyer is critical. Based in Salt Lake City,
criminal defense attorney Stephen Howard can assist you and help ensure
that your appellate rights are protected. Contact us today to arrange
for an initial confidential consultation.
Appeal from a Final Appealable 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 appellate procedural rules do allow
for certain exceptions to the "final judgment rule." If one
of
these exceptions is met, then an interlocutory appeal may be filed.
Typically, an interlocutory appeal is not considered to be an appeal as
of right. This means that a petition (request) 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 a Utah Attorney Appeals for Criminal Appeals

As
an experienced
Utah criminal defense lawyer
practicing in Salt Lake City, Stephen Howard is prepared to assist
clients throughout the appeals process. To learn more about
appealing your Utah criminal case,
contact us today to
schedule an initial consultation.
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