Criminal Appeals Defense Attorney - Ogden, Utah
When facing a wrongful conviction for a crime in Utah, it is imperative
to immediately contact a
criminal defense attorney with the experience
necessary to navigate the complex appeals process. The
appeals
process requires adherence to critical time deadlines and procedural
requirements that must be met
in order to preserve your right to appeal and to give you the best
chance at reversing your conviction.
Utah criminal defense attorney Stephen Howard has been recognized as a
skilled trial attorney and appellate
advocate. He has been named to the National Order of Barristers and
awarded
the American College of Trial Lawyers Medal for Excellence in Advocacy.
Working as a defense attorney in
Ogden's criminal courts and throughout Utah, he
has handled literally
thousands of cases in Utah's district courts and justice courts. With
experience ranging from aggravated murder to DUI and virtually
everything in between, Mr. Howard has gained a
thorough understanding of the issues and skills that can lead to a
successful appeal in your case.
To learn how we can help defend you through the appeals process,
contact us now.
Appeals Process from the Ogden District Court
Initiating
the appeals process from a
district court conviction requires filing a
"notice of appeal." The notice of appeal must be filed with the court
in which the
conviction occurred, and provides formal notice of the defendant's
decision to appeal
the conviction or other court ruling. The notice
of appeal MUST be filed within 30 days of the trial court entering the
final judgment. This 30-day time limit is considered to be
jurisdictional, meaning that failing to file the notice of appeal
within that time period will deprive the appellate court of
jurisdiction to hear the appeal. In most criminal cases, the sentencing
order in most criminal cases will be considered the "final judgment.”
If the notice of appeal is not filed within 30 days,
the right to appeal is considered forfeited or waived.
Following the filing of the notice of appeal, a docketing
statement must be filed with the appellate court. The docketing must
present a statement of the issues expected to be raised on appeal, but
is not binding on the defense.
Upon filing of a notice of
appeal, the trial court is responsible for preparing the official
record of the case, including trial transcripts, motions, orders,
and other documents. The trial court transmits the record to the
appellate court. This official record provides the necessary
information that then becomes the basis for argument on appeal.
Defense
counsel reviews and analyzes the record to identify issues
that might provide the best basis for obtaining releif on appeal. In
many cases, a careful analysis of the record may uncover potential
appeal issues that were not obvious to
trial counsel during the initial proceedings.
With the appeal issues identified, the appellant must file a legal
brief
that presents an in-depth legal
analysis of errors that occurred in the court trial along with an
explanation of how those errors prejudiced or harmed the defendant's
ability to present a defense or obtain a fair trial. The prosecution
then files a brief responding to the appellant's arguments. The
appellant has the final opportunity to present written legal argument
in a reply brief with the appellate court.
Following
complete briefing of the legal issues by both parties, the appellate
court will review and consider the briefs. In most cases, the appellate
court will then schedule oral arguments in the case. (In cases where
the legal analysis is straightforward and the decision is clearly
dictated by prior caselaw, the appellate court will sometimes issue a
decision without oral argument.) The oral argument process provides
both parties with an opportunity to appear before a panel of appellate
court judges and to respond to questions or concerns the judges may
have based on the written briefing process.
Following oral arguments, the appellate court takes the matter under
advisement. The case may remain under advisement for months. Once a decision is reached, the court will issue a formal
written opinion announcing the ruling, and present the legal grounds
for the decision.
In cases where the initial appeal is heard by the Utah Court of
Appeals, the losing party may file a petition for writ of certiorari
requesting that the Utah Supreme Court review the decision of the Court
of Appeals. The Supreme Court has discretion to determine whether or
not to grant the petition. If the petition for writ of certiorari is
granted, then a full briefing and oral argument process will follow.
The Supreme Court can then either affirm or reverse the Court of
Appeals' decision.
Justice Court Appeals
The
justice court appeal process is
very different from the process involved in appealing from a district
court. Justice courts
are not considered “courts of record,” so the appeals process from a
justice court is in the form of a "de novo" hearing or trial. No
docketing statements, briefing, or oral arguments are required.
Instead, the defendant is automatically entitled to a new hearing or
trial, that
will be heard in the district court. The results of the "de novo"
hearing or trial in the district court are generally considered final.
By statute, the time period for filing a notice of appeal in the
justice court was modified in 2017 to a 28-day period. If the notice of
appeal is not filed within that time
period, the right to appeal is considered waived or forfeited.
Finding a Criminal Defense/Appellate Lawyer in Ogden
If you
intend to appeal a decision of a judge in the Ogden district court, it
is important to obtain the assistance of an experienced
criminal
attorney. We have experience in both the trial courts and appellate
courts in cases ranging from murder to complex white collar crimes to
DUI. We offer legal services to clients in Ogden and throughout
Utah. Time is critical to preserving your right to appeal. If you have
been convicted in a Utah criminal case,
contact us now to begin the
appeal process.