Draper Criminal Appeals Lawyer

Experienced Criminal Appeals Attorney in Draper, UT

In the United States, under the U.S. Constitution, every citizen is afforded the right to due process. This includes the ability to appeal the decision of a criminal court under certain circumstances. Whether you were arrested for drunk driving on Highland Drive or domestic violence in Allen, and your criminal trial concluded in a way you are not satisfied with or did not agree with, there is still hope. Speak with a Draper criminal appeals lawyer who can protect you. 

Blackley & Wingad: Trusted Appellate Attorney

With decades of experience, the attorneys at Blackley & Wingad are ready to serve you. It is important to understand that the role of your appellate attorney is much different than the role your trial attorney played in your original case. At Blackley & Wingad, we possess a deep understanding of Utah appellate procedure and can identify and argue all points for your appeal in an effective manner. These are complicated cases, and we are here to support you. 

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What Is a Criminal Appeal in Draper?

Since 2024, criminal appeals in the United States have increased by 7.4%. However, in 2025, criminal appeals accounted for 22% of total filings in the Court of Appeals, and thousands of people across the country are the victims of a wrongful conviction.

In Utah, it is important to be able to define a criminal appeal. When you are convicted in Draper, Utah under certain circumstances, you may be able to file an appeal. An appeal is an official request to another court, either the Utah Court of Appeals or the Utah Supreme Court, that asks that the final decision of a court trial or jury trial be reviewed. Often, the outcome of the trial itself is not appealed, but rather a critical error that led to the final decision is the subject of the appeal.

In Draper, you have the legal ability to appeal a conviction, but the outcome of such an appeal will be dependent on the facts of your original case. Also, it is essential to understand that timing the filing of your appeal is important to the outcome of your case. You only have 30 days to file an appeal after your original conviction. Otherwise, the Utah Court of Appeals loses all jurisdiction. 

Grounds for Seeking a Criminal Appeal in Utah

In Utah, there are specific grounds on which a convicted individual can seek an appeal. At the end of the day, you need to show that the lower court made a significant error during your original trial that affected the outcome and conviction. The most common grounds for appeal that are accepted in Utah include:

• Serious error of law. You may be able to file an appeal based on whether or not you believe the trial court made a serious error in how they applied the law to the facts of your case. One example might include a case where a judge gave incorrect instructions to the jury regarding legal issues involved in your case.
  
• Abuse of discretion. During a trial, a judge has wide discretion when they are making a ruling on a pretrial motion or legal issue that arises. You may be able to appeal a ruling that was obviously arbitrary, unreasonable, or was not supported by the law or by the facts of the original case.
  
• Sentencing error. Following a conviction, there are certain rules a judge must follow when sentencing a defendant. When these sentencing rules are ignored, the official sentence can be considered illegal, and this can be a strong ground on which to seek an appeal.
  
• Ineffective counsel. You have the constitutional right to effective and adequate legal counsel during your original criminal trial. If you have any reason to believe that your original representation was so incompetent that it resulted in an unfair or biased trial, then you may be able to seek an appeal.
  
• Prosecution misconduct. If the prosecutors involved in your original trial engage in any kind of abuse or dishonesty in order to persuade the jury or judge of your alleged guilt, then those acts were prejudicial and caused your case to suffer, and can be used as grounds to seek an official appeal. 

FAQs

What Are the Possible Outcomes of an Appeal?

After the appellate court considers your appeal, there are a number of decisions they can make. Outcomes might include affirming the original trial court’s decision and upholding both the conviction and sentence, reversing or overruling the original trial court’s decision, modifying a sentence, or returning the case to the trial court for a full retrial or resentence. 

Is It Expensive to Seek an Appeal?

Many people may be concerned about filing an appeal due to costs or court fees. At Blackley & Wingad, we believe that filing an appeal when your future is on the line is worth every penny. We are here to review your case and offer you the representation you deserve. Fees will likely be based on the duration and complexity of your appeal. 

How Can an Appeal Lawyer Help Me?

There are several ways in which an appeal lawyer can assist you. First, they are there to listen to your side of the story and help uncover the reasons why your original trial was unfair or your original counsel was incompetent. They can look to discover new evidence, review the transcripts of the previous trial, and work to file your official Notice of Appeal within the necessary deadline. 

What Mistakes to Avoid in a Criminal Appeal?

In a criminal appeal, there are several mistakes that you should try to avoid. First, failing to meet the necessary filing deadline is one of the biggest mistakes to make, as in doing so, you can likely forfeit your right to seek any kind of appeal. Additionally, avoid basing your appeal simply on emotions. 

Hire a Criminal Appeals Lawyer Today

If you believe that your conviction or a conviction of a loved one deserves to be appealed, you need to hire a criminal appeals lawyer as soon as possible. At Blackley & Wingad, we are here to dig to the bottom of the case and uncover the truth. Contact us online or by phone today and schedule your initial consultation.