Appeals & Post-Conviction Relief
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. If this has taken place in your own case, it’s highly important that you understand your rights according to Arizona’s laws for appeals and post-conviction relief.
What is an appeal?
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.
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 taking place, 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 petitions for post-conviction relief can lead to a reversal of a conviction, or even a new trial.
Appeals & Post-Conviction Relief: How does it work???
The State prosecutes criminal charges vigorously. In the alternative, for appeals, the burden of action is on you. At the time of your sentencing, you must understand the process for filing an appeal or petition for post-conviction relief. And, if you plan to file one, you must act quickly.
Arizona Appeal Laws
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.
Additionally, in Arizona there is an incredibly short period in which one may file an appeal, and that period will depend on the court in which your case took place:
Deadlines for Filing an Appeal in Arizona
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.
Deadlines for Filing a Petition for Post-Conviction Relief in Arizona
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.
Don’t run out of time with your freedom at stake. Call Tait & Hall Attorney’s in Phoenix to discuss your appeal today.
What evidence will the appellate court consider?
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.
Do I need to hire an appellate attorney?
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. Having experienced, skilled legal representation will give you a much higher chance of success in your appeal or PCR.
Further, the appellate and trial courts are separate. This means that you need an attorney with experience appealing and overturning convictions– not all criminal defense lawyers handle appeals.
Increase the odds of success: call Tait & Hall to speak with an experienced appellate lawyer, and gain the advantage of an experienced Arizona appellate attorney on your side.
Arizona Criminal Defense Attorneys
Tait & Hall Appeal and Post-Conviction Relief Lawyers
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.