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.RELATED CRIMINAL DEFENSE TOPICS
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Not Guilty - Client was charged with aggravated assault for allegedly pointing handgun at and threatening another driver during a road rage incident. Defense investigation and analysis, combined with effective cross-examination at trial indicated the alleged victim was the initial aggressor and suported client's self-defense claim. Jury acquitted client at trial.
Dismissed on Appeal - DUI case was dismissed after a successful appeal where the Utah Court of Appeals reversed the trial court's denial of the defense motion to suppress. Without the suppressed evidence, the prosecutor acknowledged that they did not have sufficient evidence to proceed to trial and the case was dismissed.
2-Step Reduction - Client needed a two-step reduction to bring a prior conviction to the misdemeanor level. Collection of substantial evidence of reform and rehabilitation convinced a normally reluctant prosecutor to stipulate to the defense 402 reduction motion.
Not Guilty - Client was charged with residential felony burglary and theft charges. Effective cross-examination of alleged victim at preliminary hearing resulted in an admission by the alleged victim that the charges were based on a false report to police, made for the purpose of getting revenge against the defendant. Case was dismissed outright.
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Choosing the best criminal defense attorney for your Utah criminal case may be the single most important decision you make. The courtroom can be a hostile place. Prosecutors receive extensive training on legal and tactical issues. Having an experienced criminal defense lawyer on your side is critical to defending your case and protecting your rights....
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Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.
Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041
Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.
In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.
Stephen W. Howard, PC
Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041
Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.
In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.
Stephen W. Howard, PC
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