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Appeals and Petitions

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Appeals & Petitions

If you’ve been convicted of a crime in Arizona you may be able to file an appeal or a petition for post-conviction relief (PCR). The courts are operated by people – people make mistakes. In some cases, verdicts and convictions are issued based on errors during the original court proceedings. An appeal or a petition for post-conviction relief grants those convicted of a crime the opportunity to challenge their original verdict. Rather than a new trial, an appeal revisits the evidence, arguments, and other details of the original case to ensure the defendant was treated justly and fairly. In some cases, appeals and PCRs can lead to a reversal of a conviction or even a new trial. If you feel you’ve been treated unfairly by the courts, you owe it to yourself to challenge your conviction. The attorneys at Tait and Hall have years of experience fighting for their clients in Arizona appellate courts. The appellate and trial courts are separate. You need an attorney with experience appealing and overturning convictions.

Click HERE to schedule a free consultation with an experienced Arizona appellate attorney to increase the odds of success.

Answers to FAQ:

An appeal is a request to a higher court to reverse a decision made by a lower court. After a judge hands down a sentence, it can feel like the fight is over. Fortunately, that doesn’t have to be the case. In the State of Arizona, those convicted of a criminal offense are entitled to challenge the original verdict. Your appeals attorney will obtain all the records from the original court proceedings, combing each line for infringements on your rights. A review of court records can lead to a reduction of charges, a reduced sentence, a new trial, or a complete conviction reversal.

Appeals ARE:

  • Reviews of original court records
  • Searches for errors or omissions in the original court proceedings
  • Examinations of the original case to ensure the outcome observed your rights.
  • Your constitutional right

Appeals ARE NOT:

  • A time to call new witnesses
  • An opportunity to submit new evidence
  • A guarantee of favorable outcome
  • A new trial in and of themselves

The appellate court will only consider evidence included in the original court record: transcripts of the hearings and trial and motions filed by the lawyers. If your lawyer can detect any errors with the manner in which your case was originally handled, you may be able to appeal your verdict. Appeals have an incredibly short period for filing. Those wishing to appeal the verdicts handed down by Maricopa, Pima, Yuma, Pinal or other Arizona Superior Courts MUST file their appeal within 20 days of the original judgment and sentencing. If your conviction is from a city court or a justice court, that period is reduced to only 10 days. Don’t run out of time with your freedom at stake. Call Tait & Hall Attorney’s in Phoenix to discuss your appeal today.

A Petition for Post-Conviction Relief (PCR) is a request to the Superior Court to reverse a conviction. If the mistakes in your case are not apparent from the trial record, or if you accepted a plea offer instead of going to trial, you will need to file a Petition for Post-Conviction Relief rather than an Appeal.

After a judge hands down a sentence, it can feel like the fight is over. Fortunately, that doesn’t have to be the case. In the State of Arizona, those convicted of a criminal offense are entitled to challenge the original verdict. Your appeals attorney will obtain all the records from the original court proceedings, combing each line for infringements on your rights. A review of court records can lead to a reduction of charges, a reduced sentence, a new trial, or a complete conviction reversal.

The State prosecutes criminal charges vigorously. For appeals, the burden of action is on you. It is imperative appeals and PCRs are filed within the short limits set by the State of Arizona. Generally speaking, the right to file an Appeal expires 20 days after sentencing for any Superior Court case, and only 10 days after sentencing for any city court or justice court case. The deadline to file a PCR is 90 days after sentencing or within 30 days after an order or mandate by an appellate court. If you wait to file, you may lose your chance.

First, a Notice of Appeal or a Petition for Post-Conviction Relief is filed outlining the claims that you wish to be reviewed by the appellate court. Then transcripts of the trial or any hearings in your case are prepared and obtained. Your lawyer will also obtain the original case file from your trial level attorney. With this information, a brief is filed on your behalf, outlining all of the arguments that support the reduction of your sentence or reversal of your conviction. The prosecutor is given an opportunity to respond and a reply to the prosecutor’s response may be permitted. The appellate court can then issue a decision on the briefs, or set the case for an oral argument or an evidentiary hearing.

An attentive and skilled attorney can help ensure you don’t waive any arguments that may get your conviction reversed. Appeals and PCRs are legal proceedings. An application alone does not guarantee a different outcome. Increase the odds of success. Gain the advantage of an experienced Arizona appellate attorney on your side.

 

APPEALS AND PETITIONS TESTIMONIALS

"Attorney Elizabeth Mullins is meticulous, concise and incredibly intelligent. She is a Board Certified Criminal specialist. She made sure to use the EVIDENCE, empirical knowledge to my favor. The public defender I was assigned used fear, threats and false information to pressure me to "hurry up and sign" a plea agreement before he even listened to my side of the story. Navigating through this county's court system has also proved to be an intimidating trial. I would NOT be having a merry Christmas with my young daughter and husband if it weren't for this law office. Worth every cent. I owe them a debt of gratitude. thank you Attorney Elizabeth Mullins."

Satisfied Client 

5.0
2019-06-28T12:02:37+00:00

Satisfied Client 

"Attorney Elizabeth Mullins is meticulous, concise and incredibly intelligent. She is a Board Certified Criminal specialist. She made sure to use the EVIDENCE, empirical knowledge to my favor. The public defender I was assigned used fear, threats and false information to pressure me to "hurry up and sign" a plea agreement before he even listened to my side of the story. Navigating through this county's court system has also proved to be an intimidating trial. I would NOT be having a merry Christmas with my young daughter and husband if it weren't for this law office. Worth every cent. I owe them a debt of gratitude. thank you Attorney Elizabeth Mullins."

"Well worth the cost. Elizabeth Mullins does great work. She turned an almost certain 10 year prison sentence into a 1 year sentence (of which I did 5 months). I had hired another firm for $5000 and they forgot I was a client for 10 months and then told me I would get 10 years. I fired them and hired Elizabeth. Elizabeth responded to all my emails and phone calls in a prompt manner and stood by me the entire time. I highly recommend her."

Satisfied Client

5.0
2019-06-28T12:04:32+00:00

Satisfied Client

"Well worth the cost. Elizabeth Mullins does great work. She turned an almost certain 10 year prison sentence into a 1 year sentence (of which I did 5 months). I had hired another firm for $5000 and they forgot I was a client for 10 months and then told me I would get 10 years. I fired them and hired Elizabeth. Elizabeth responded to all my emails and phone calls in a prompt manner and stood by me the entire time. I highly recommend her."

"I was represented by Elizabeth Mullins and facing 5 misdemeanors. She worked her tail off and was able to get all of my charges dropped! She was highly professional, dedicated, and caring. It was obvious that she wasn't just an attorney, but she was somebody who actually cared about the outcome of my case. I wanted to sign a plea , and Ms. Mullins advised me not to because she felt I was being charged unfairly and without proper evidence. I'm glad I took that advice and because of Elizabeth Mullins all my charges were dropped! I would recommend this firm to anyone that wants to win their case and wants an attorney who truly cares!"

Satisfied Client

5.0
2019-06-28T12:06:01+00:00

Satisfied Client

"I was represented by Elizabeth Mullins and facing 5 misdemeanors. She worked her tail off and was able to get all of my charges dropped! She was highly professional, dedicated, and caring. It was obvious that she wasn't just an attorney, but she was somebody who actually cared about the outcome of my case. I wanted to sign a plea , and Ms. Mullins advised me not to because she felt I was being charged unfairly and without proper evidence. I'm glad I took that advice and because of Elizabeth Mullins all my charges were dropped! I would recommend this firm to anyone that wants to win their case and wants an attorney who truly cares!"

"Ms. Elizabeth Mullins is superb! She was able to do in 1 month, what my previous lawyer could not accomplish in 8 months! She made me feel comfortable and confident that she would take the necessary measures to get the job done! She went above and beyond to insure the best possible outcome which happened to be dismissal of charges. I would highly recommend her services to anyone in need of excellent counsel!"

Satisfied Client

5.0
2019-06-28T12:07:10+00:00

Satisfied Client

"Ms. Elizabeth Mullins is superb! She was able to do in 1 month, what my previous lawyer could not accomplish in 8 months! She made me feel comfortable and confident that she would take the necessary measures to get the job done! She went above and beyond to insure the best possible outcome which happened to be dismissal of charges. I would highly recommend her services to anyone in need of excellent counsel!"
5
4

We are among the very few Criminal Defense law firms in our area to have the maximum Avvo rating.

A Superb rating from Avvo implies that we are fully focused on providing the best services to all of our clients.

We won recognition for achieving the perfect combination of experience and passion. Tait & Hall is honored to be nominated for the prestigious Top 40 Under 40 award.

Since we have a number of satisfied clients all over the state, this accolade has been a well-earned one.

Testimonials