Posted by Stone River’s Criminal Defense Team
Last Updated
A criminal conviction or sentence can leave you with serious questions about what happened in court and what comes next. Stone River Law helps clients evaluate their options for a criminal appeal in Utah. From our office in Layton, we represent clients in matters involving courts throughout the state.
An appeal from district court generally asks a higher court to review whether legal errors affected the case. It usually relies on the existing court record rather than new testimony or a new trial. Appeals from justice court follow a different process.
Appeal deadlines can be short. Call Stone River Law at 801-448-7451 to discuss your case promptly.
How Stone River Law Helps With a Criminal Appeal
An appeal begins with a careful review of the case and the options available. Our work may include:
- Reviewing the judgment, sentencing documents, motions, and hearing or trial transcripts.
- Identifying potential legal errors and determining whether they can be raised on appeal.
- Researching the law that applies to those issues.
- Preparing appellate briefs that explain the errors and the relief requested.
- Presenting oral argument when the appellate court schedules it.
- Explaining the court’s decision and any available next steps.
We help clients understand both the potential grounds for an appeal and the limits of appellate review. An unfavorable outcome alone does not establish a legal basis for reversal.
Stephen Howard’s Criminal Trial and Appellate Experience
Stephen W. Howard is a founding partner at Stone River Law and has practiced law in Utah since 1999. His experience includes criminal trials, appeals, motion practice, and capital-defense work.
That background brings both trial and appellate perspectives to the review of a case. Appellate work requires close attention to what happened in the trial court, which issues were raised, and how the governing law applies to the record.
Stone River Law takes a team approach to criminal defense, combining legal research, record review, and careful preparation to address the issues in each case.
Understanding the Utah Criminal Appeals Process
Filing the Notice of Appeal
For many criminal appeals from district court, a notice of appeal must be filed in the trial court within 30 days after entry of the judgment or order being appealed.
The applicable deadline can depend on the order and procedural circumstances. Certain motions and other provisions may affect the time to appeal. Utah Rule of Appellate Procedure 4 governs these deadlines and provides limited procedures for extensions or reinstatement in qualifying circumstances.
Contact an attorney promptly, even if you believe a deadline has already passed. An attorney can determine whether any options remain.
Reviewing the Record and Identifying Issues
An appellate attorney examines the record to identify potential grounds for review. Depending on the case, those issues may involve:
- Admission or exclusion of evidence.
- Rulings on motions to suppress evidence.
- Jury instructions.
- Constitutional protections.
- Sentencing decisions.
- Claims involving ineffective assistance of counsel.
Whether an issue can be reviewed depends in part on how it was raised and decided in the trial court. Issues that were not properly preserved may face additional limits. An attorney can evaluate whether an exception or another procedure applies.
Written Briefs and Oral Argument
The appellant’s opening brief explains the relevant facts, the legal issues, and why the court should grant relief. The government may respond, and the appellant may file a reply.
Some appeals also include oral argument, where attorneys answer the judges’ questions about the case. Other appeals are decided on the written submissions. Oral argument is not held in every case.
The Appellate Decision
The appellate court may leave the decision in place, reverse it, modify it, or return the case to the trial court for further proceedings.
The result depends on the issues and the court’s ruling. A successful appeal does not necessarily end the prosecution or result in dismissal of the charges.
Review by the Utah Supreme Court
After a decision from the Utah Court of Appeals, a party may seek further review by filing a petition for a writ of certiorari with the Utah Supreme Court.
This review is discretionary. The Supreme Court’s agreement to hear a case does not mean it has decided that the Court of Appeals was wrong.
Appealing a Utah Justice Court Decision
An appeal from justice court to district court follows a different process from an appeal to the Utah Court of Appeals.
Utah Courts describes this as a trial or hearing de novo, meaning the matter is heard again in district court. A notice of appeal in a justice court criminal case generally must be filed within 28 days after entry of the order or judgment.
The available proceedings and any right to further review depend on the case. An attorney can explain which rules apply and what an appeal would involve.
Learn more through the Utah Courts guide to appeals.
Common Questions About Criminal Appeals
Is an appeal a new trial?
An appeal from district court to an appellate court generally reviews the existing record for legal error. It is usually not a new trial. An appeal from justice court to district court follows a different process and may involve a new trial or hearing.
Can I use a different attorney for my appeal?
Yes. You can consult an appellate attorney who did not represent you in the trial court. The attorney will need to review the case record, procedural history, and applicable deadlines.
Does an appeal guarantee that my conviction will be overturned?
No. The outcome depends on the facts, the record, the applicable law, and the issues the court can review. An attorney can explain potential arguments and their limitations, but cannot promise a result.
What should I have ready when I contact an appeals attorney?
If available, have your case number, the name of the court, the judgment or sentencing order, and the dates of recent court decisions. Explain whether a notice of appeal has already been filed and whether another attorney currently represents you.
Do not delay contacting an attorney while you gather documents. Deadlines may already be running.
Discuss Your Utah Criminal Appeal With Stone River Law
If you have questions about a conviction, sentence, or other criminal court ruling, contact Stone River Law to discuss the available options.
Our office is in Layton, and we assist clients with Utah criminal appeals statewide. We can help you understand the next steps and determine whether our firm is a fit for your case.
Call 801-448-7451 or contact Stone River Law.
Bradley Henderson leads the criminal defense team at Stone River Law, representing clients statewide in a range of criminal matters, with a focus on strategic defense and client advocacy.