Appeals & Appellate Defense in Utah
What You Need to Know About Appeals and Appellate Defense in Utah
The legal system isn’t always perfect. Sometimes, errors happen during a trial that can lead to an unfair result. If you or a loved one has been convicted of a crime, you have the right to challenge that conviction through the appeals process. Richards & Richards Law Firm can help you navigate the appellate court system. Our criminal appeals attorneys in Utah specialize in helping clients fight for their rights after a verdict has been read.
Overview of Criminal Appeals
Appeals cases require specific knowledge of legal procedures and deadlines. An appeal is not a new trial where you present new witnesses or new evidence. Instead, it’s a legal review of what happened during your original trial.
When you appeal a conviction in Utah, you’re asking a higher court to look at the records from the lower court. The appellate judges review whether significant legal errors occurred. These errors might include:
- Jury Misconduct – Did a juror act inappropriately or show bias?
- Legal Errors – Did the judge misapply the law?
- Ineffective Assistance of Counsel – Did your original lawyer fail to defend you properly?
- Evidence Issues – Was evidence used against you that should have been excluded?
If the higher court agrees that a major error occurred, it can overturn the conviction, order a new trial, or modify the sentence.
Your Post-Conviction Relief Options
Appealing directly to the Court of Appeals is the most common path, but it isn’t the only one. There are other forms of relief available depending on your situation.
The Post-Conviction Remedies Act (PCRA) allows you to file a civil lawsuit against the government, challenging the legality of your conviction or sentence. Post-conviction relief in Utah is usually available only after you’ve exhausted your direct appeals. Some common grounds for post-conviction relief include:
- New DNA evidence that proves innocence
- Changes in the law that apply retroactively
- Proof that prosecutors hid evidence that would have helped your defense
Understanding which path to take requires a skilled attorney. Richards & Richards Law Firm can evaluate your case to determine if a direct appeal or a PCRA petition is the best strategy.
Outlining the Utah Court of Appeals Process
The appellate process in Utah follows a strict set of steps. It’s very formal and relies heavily on written arguments.
- Notice of Appeal – First, your lawyer must file a Notice of Appeal with the trial court. This tells the court you intend to challenge the verdict.
- Record Preparation – The court clerk prepares the record of everything that happened during your trial. This includes transcripts of what was said.
- Briefing – This is the most critical part. Your attorney writes an “appellant’s brief.” This document explains the facts of the case and argues exactly where the trial court went wrong. The prosecution will then file its own brief arguing why the conviction should be affirmed.
- Oral Arguments – In some cases, the judges will ask the attorneys to appear in court to answer questions about the briefs. You usually don’t need to attend this.
- Decision – The judges will issue a written opinion. They can affirm the conviction, reverse it, or remand it.
To file an appeal with the Utah Court of Appeals correctly, every document must be perfect. Missing a formatting rule or omitting a citation can hurt your case.
Appeal Deadlines and Timelines
Time is your biggest enemy in appellate law. Generally, you must file your Notice of Appeal within 30 days of the entry of the final judgment or sentence. If you miss the 30-day window, you usually lose your right to a direct appeal forever.
Because the timeline is so short, you must act quickly. If you have just been sentenced, you need to contact a lawyer immediately. Post-conviction relief petitions also have time limits, typically one year after your direct appeal ends or one year after you discover new evidence.
We Also Offer Criminal Defense Services
While we excel at appeals, Richards & Richards Law Firm also handles criminal defense cases. It’s best to have a strong defense from the very beginning. If you’re currently facing charges and haven’t gone to trial yet, we can help. A strong defense lawyer can often prevent the errors that lead to appeals in the first place. We handle a wide variety of criminal cases, including:
Contact Our Criminal Appeals Attorney in Utah
The law provides ways to fix mistakes in court. However, these legal paths are complicated and subject to strict rules. You need a guide who understands the system. If you believe your trial was unfair or if you want to explore post-conviction relief in Utah, contact us today to schedule a consultation.