Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Experienced Criminal Defense Lawyers / Former Prosecutors
Call 801-449-1409 now to see what our criminal defense team can do for you.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Finding a Felony Defense LawyerChoosing a Misdemeanor Defense LawyerDrug and Alcohol Crimes Defense LawyerWhite Collar Defense Attorney for Utah ChargesAttorney for Expungements Reductions and PardonsDefendant Constitutional Rights Criminal LawyerBail and Bond Alternatives in UtahReasons for Hope Facing Criminal Charges

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

Utah Criminal LawyerAs 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


Best Rating
Make a Payment to Your Account
Get Help Now
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense AttorneyDismissed - Contractor was charged with theft by deception for allegedly misusing customer funds and failing to complete work that had been agreed upon. A successful motion to quash on legal grounds following the bindover order at preliminary hearing resulted in a complete dismissal of all charges.
  • Drug Crimes Defense Attorney Utah Dismissed - Client was facing multiple cases involving first-degree felony drug distribution charges for allegedly selling to a confidential informant. Defense analysis of the case revealed fatal flaws in the prosecution case that ultimately resulted in a complete dismissal of all cases and charges.
  • Utah Expungement Lawyer Expunged - Client with prior conviction for violent felony was ineligible for expungement through the courts. A successful 2-step reduction restored expungement eligibility and ultimately led to the court's decision to grant the requested expungement.
  • Utah Burglary Attorney Dismissal - Client was charged with first-degree felony home burglary and facing potential life in prison. Defense analysis revealed flaws in prosecutor's case which led to abeyance agreement intended to lead to a full dismissal of the case.
  • Recent Posts
  • What Constitutes Drug Parpahernalia in Utah How is drug paraphernalia defined in Utah? - The definition of drug paraphernalia under the Utah criminal code looks at both the nature of the object and also the intended use of the object in question. . . .
  • Utah Misdemeanor Attorney Salt Lake Can I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve the case without returning to the state. . . .
Best Criminal Defense Strategy

Aggressive is good. Effective is better. The best defense strategy in any given criminal case can require in-depth analysis of the facts and a thorough understanding of applicable statutes, case law, and complex procedural and evidentiary rules. Having an experienced attorney on your side....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Finding the right criminal defense lawyer for you Utah criminal case will be one of the most important decision you make. Before hiring any lawyer, there are a number of important factors to consider. The person you select as your criminal defense attorney will be responsible to defend your case and protect your rights....

Experience »
Conviction Consequences - Utah Criminal Defense

In Utah, even a "minor" misdemeanor conviction carries the potential for jail time and significant fines. A felony conviction carries the potential of lengthy prison terms and the various consequences that come with being labeled as a convicted felon. Never plead guilty without first finding out....

Consequences »
Utah Criminal Defense Attorney - Reasons to Hope

Never give up hope. Being charged with a crime is not the same as being convicted. And it is usually not the end of the world. While the consequences of a criminal charge can be serious, there are often several options and strategies for handling your case. Understanding your options and how an experienced criminal lawyer can help....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

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

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.