Cottonwood Heights Criminal Appeals Lawyer

Trusted Criminal Appeals Attorney in Cottonwood Heights, UT

If you or a loved one has been convicted of a criminal charge in Cottonwood Heights, there is still a glimmer of hope. Whether you were arrested for drug possession at your home in Pine Cove East or you were charged with driving drunk on Bengal Boulevard, you may be able to seek an appeal of your conviction. While the appellate procedure in Utah is complicated, lengthy, and confusing, a Cottonwood Heights criminal appeals lawyer can help.

Blackley & Wingad: Honest Appellate Attorneys Serving Cottonwood Heights

With decades of legal and appellate experience, the attorneys at Blackley & Wingad are here to protect your rights whenever necessary. We are here to review your case, explain your legal options, and counsel you on whether or not an appeal is appropriate in your situation. In cases where an appeal is the correct option, we can guide you through every step and prepare you for what you may come up against. Our main priority is the protection of your rights.

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Reasons to Seek an Official Appeal

In 2025, criminal appeals accounted for 22% of total filings within the U.S. Court of Appeals, and since 2024, these filings have increased by 7.4%. Across the country, thousands of individuals are currently dealing with the fallout of a wrongful conviction, but there is still hope. 

Depending on the circumstances of your original court trial and the outcome of that trial, you may be able to file an official Notice of Appeal. There are several grounds on which you may be able to file this appeal, but ultimately, you must be able to show that the original court made some kind of significant error during your trial that affected the outcome of your case. In Cottonwood Heights, these grounds, or reasons, include:

• Serious error of law. You may be able to file an appeal if you have good reason to believe the trial court made a mistake in how the law was applied to the facts of your case. For example, if the judge in your original case gave improper or incorrect instructions to the jury regarding legal issues, then this could be a reason to seek an appeal.
  
• Sentencing error. In a court trial, there are certain rules the judge needs to follow in order to sentence a defendant following an official conviction. When these rules are ignored by the judge, then the sentencing can be considered illegal, and the matter can be remanded back to the lower court by the appellate court for resentencing.
  
• Ineffective counsel. You have the right, under the U.S. Constitution, to adequate and unbiased legal representation. If you have any reason to believe that your original trial lawyer did such a poor job or was so incompetent that it resulted in an unfair trial, then you may be able to use this as a ground on which to seek an appeal.
  
• Misconduct by jury. You may be able to seek an appeal if any member of the jury acted in an improper manner during the trial or during any deliberations. For example, if one of the jurors directly discusses the case with a witness, you may be able to file a Notice of Appeal.
  
• Misconduct by prosecution. When the prosecution team assigned to your criminal case acts in any dishonest or abusive manner to try and sway the jury or judge to their side and convince them of your alleged guilt, and these acts harm your case, then you may be able to use these acts as the basis of your appeal. 

At Blackley & Wingad, we can review the original case transcripts and pinpoint the grounds on which an appeal might be possible. If you have any reason to believe that your trial or the criminal trial of a loved one was mishandled, call us today. 

The Possible Outcomes When Seeking an Appeal in Utah

After hearing your case for appeal, the appellate court can make a decision. These decisions, and therefore possible outcomes, can include:

• Affirm the original decision of the trial court and uphold both the conviction and sentence
• Reverse or overrule the original court’s decision
• Remand, or return, the case to the original court for a reconsideration of an aspect of the trial, a full retrial, or a resentence
• A modification of the original sentence

FAQs

How Much Does It Cost to Hire an Appeals Lawyer?

The costs involved with hiring an appeals lawyer are usually based on a case-by-case and lawyer-to-lawyer basis. However, there are certain factors of a case that can be taken into account in all final costs. These factors include the duration and complexity of the case and the skill level, education, and experience of your legal team. 

What Are the Most Common Challenges in an Appeal?

There are several challenges that you may come up against in a criminal appeal, which is why it is so essential to have an attorney on your side as soon as possible. First, you will need to overcome strict standards, operate within required filing deadlines, and uncover the necessary evidence to prove your grounds for appeal. 

How Long Do I Have to File an Appeal?

In Utah, you have 30 days from the date of your original conviction to file your official Notice of Appeal. This can come as a shock to many people, as this is a relatively short window of time. For this reason, you must act as quickly as possible to hire an attorney and begin the process of seeking an appeal. 

How Many Times Can You Appeal a Criminal Sentence?

The number of times you can appeal a criminal sentence in Utah is based on the nature of the original case and crime. Whether you were convicted of robbery or DUI, you have at least one avenue of appeal available. However, if this first try is unsuccessful, your ability to try again will depend on the factors of your case. 

Hire a Criminal Appeals Lawyer Today

When the time comes to hire a criminal appeals lawyer, Blackley & Wingad can help. Contact us online or by phone today to learn more about our honest appellate services and to schedule your initial consultation.