Salt Lake Criminal Defense Attorney Utah
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Veteran Criminal Defense Attorney / Former Prosecutor
Call 801-449-1409 now for help protecting your rights.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Contact Us

Utah Criminal Appeals Attorney - Salt Lake Criminal Lawyer

If you have been wrongfully convicted of a crime in Utah, it is critical to contact an experienced criminal defense attorney immediately. The appellate process can be complicated, and there are critical time deadlines that must be met in order to preserve your right to appeal your conviction. Contact Utah criminal appeals attorney Stephen Howard now to begin the appeal process.

Stephen Howard's skill as an appellate advocate was recognized early as he was named to the National Order of Barristers and awarded the American College of Trial Lawyers Medal for Excellence in Advocacy. After handling literally thousands of cases in Utah's criminal trial courts, he has a thorough understanding of the issues that can result in successful case appeals. His experience as a Utah criminal defense attorney has given him the skills and knowledge necessary to help you file a successful appeal in your case.

Utah Criminal Appeals Process - Appeal from District Court

The first step in appealing from a district court conviction or decision is the filing of a "Notice of Appeal." It is critical that this notice of appeal be filed within 30 days after the trial court enters a final judgment. In a criminal case, the "final judgment" is typically the sentencing order. If the Notice Appeal is not filed within 30 days, the right to appeal is considered waived or forfeited.

The Notice of Appeal must be filed with the court in which the conviction occurred, and indicates the defendant's intent to appeal the conviction or other court ruling. Following the filing of a Notice of Appeal, a Docketing Statement must be filed that sets forth the anticipated issues on appeal.

Once the official record is compiled and transmitted from the trial court to the appellate court, trial transcripts, motions, orders, and other documents must be reviewed to identify issues that may provide grounds for reversing the conviction or other court order. It is not uncommon for a careful review of the court records and transcripts to reveal potential appeal issues that had not been apparent to trial counsel during the proceedings.

After the issues have been identified, the appellant (typically the defendant) has the obligation of filing an opening brief with the appellate court. The brief provides the appellant with the opportunity to present an in-depth legal analysis of errors that occurred in the trial court. The prosecution then files a brief responding to the appellant's arguments. The defendant then has an opportunity to file a final (shorter) brief replying to any issues raised by the prosecution in its brief.

Following the briefing process, the appellate court will review the briefs and schedule oral arguments in the case. The oral argument process allows the parties to appear before the appellate court and respond to any questions or concerns

After oral argument, the appellate court will take the matter under advisement. Once the court has reached a decision, it will issue a formal written opinion announcing the decision, and setting forth the legal basis for the decision.

In most Utah criminal cases, the appeal is heard by the Utah Court of Appeals. If either party is dissatisfied with the outcome in the Court of Appeals, a petition for a writ of certiorari may be filed with the Utah Supreme Court. A petition for a writ of certiorari is a request to have the Supreme Court review the Court of Appeals' decision. The Supreme Court is not required to hear the case, but will consider the petition to determine whether the case merits further review.

If the petition for a writ of certiorari is granted, this does not mean that the Court of Appeals' decision is automatically reversed. Rather it simply means that the Supreme Court has agreed to hear arguments on the case. If the petition is granted, the parties engage in a briefing process and oral argument process very similar to that involved in the direct criminal appeal process.

Utah Criminal Appeals Process - Appeal from Justice Court

The appeals process from a justice court is entirely different, and does not require docketing statements, briefing, or oral arguments. Instead, since justice courts are not considered "courts of record," the appeal is in the form of a "de novo" hearing or trial. "De novo" means that the defendant is automatically entitled to a new hearing or trial, which is heard in the district court. The result of the "de novo" hearing or trial in the district court is typically considered final. The 30-day period for the filing of a Notice of Appeal still applies. 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 Lawyer in Salt Lake City, Utah

Stephen Howard began his career in criminal defense working in the appellate division of the Salt Lake Legal Defender Association. He has achieved successful results in appeals cases including DUI, securities fraud, and Rule 23B remand on a murder conviction. His experience as a trial attorney in both felony and misdemeanor cases in Utah’s criminal courts gives him important insights into the criminal trial processes that are most frequently the subject of a criminal appeal in Utah.

Based in Salt Lake City, criminal defense attorney Stephen Howard is pleased to offer legal services to clients throughout Utah. If you have been convicted in a Utah criminal case, time is critical to preserving your right to appeal. Contact us now to begin the appeal process now.


Best Rating
Make a Payment to Your Account
Get Help Now
** All fields are required. **
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 Trial AttorneyNot 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.
  • Drug Crimes Defense Attorney Utah Dismissed - Client facing first-degree felony drug distribution charge and potential life in prison. Charges were based on allegations that client had sold drugs to an undercover police officer, then made a full confession. Successful mitigation work resulted in negotiated offer of misdemeanor plea-in-abeyance and ultimate dismissal of case.
  • Utah 402 Reduction Attorney Felony Reduced - Client with prior felony conviction was granted a 402 reduction to the misdemeanor level over the objection of the prosecutor. Based on information provided to the court in support of the defense motion, the judge ruled in favor of the defense.
  • Felony Attorney Utah Dismissed - Client facing first-degree felony charge and possible life in prison for child kidnapping. Full defense analysis of the case revealed critical legal flaws in the prosecution's case. When confronted with the defense legal analysis, the prosecutor agreed to dismiss the case outright without trial.
Best Criminal Defense Strategy

The best outcome is more likely when the right strategy is employed. Developing the best strategy can require real courtroom experience, a thorough understanding of procedural and substantive legal issues, and a determination to ensure that important constitutional and other legal rights are protected. Choosing the right attorney....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

With decades of combined experience, our criminal defense team attorneys have the knowledge, skill, and determination to help you achieve the results you need. Facing criminal prosecution in Utah can have serious consequences. Choosing the best attorney to defend your case may be one of the most important decisions you will ever make....

Experience »
Conviction Consequences - Utah Criminal Defense

Even a "minor" misdemeanor carries the potential for jail time and significant fines. The direct penalties and collateral consequences of a felony conviction are even more severe. Understanding these consequences is critical as you make decisions relating to your case. Even in a misdemeanor case, you should not....

Consequences »
Utah Criminal Attorney - Reasons to Hope

An arrest is not a conviction. If you are facing criminal prosecution in Utah, it can feel like your world is collapsing. But there are things you can do right now that can increase your chances of a good outcome. An experienced criminal defense lawyer can help you evaluate the various options available to you and help develop a strategy for success....

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
340 East 400 South, Suite 25, 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.