Attorneys for Post Conviction Appeals

Phoenix Criminal Defense Lawyers
Fighting for Post-Conviction Relief

When accused criminals are convicted at trial, they face an extremely difficult situation. Many are faced with long prison terms and are not sure where to turn for help. When this situation arises, there could be options for the convicted defendant that include an appeal and a motion for post-conviction relief. However, these are highly technical areas of Arizona law and should be handled by an experienced and skilled Phoenix criminal defense lawyer.

Below you’ll find information regarding the potential goals for appeals and post-conviction relief, the grounds upon which an appeal can be sought and finally how you should proceed if you or someone you love has been convicted of a crime in Arizona and you need the help of a Phoenix criminal defense lawyer.

Arizona Appeals and Post-Conviction Relief Goals

When someone is convicted of a crime in Arizona, they have up to two choices in terms of legal options that will be discussed below. Regardless of the tack taken after a conviction, there are two potential outcomes that would be positive for a convicted defendant:

Setting Aside the Trial Court Verdict

The best-case scenario for a convicted defendant who seeks relief is to have the original conviction entered by the trial court set aside. What this means is that there was some sort of serious error made during the trial and that the conviction is invalid. Basically, the conviction is overturned and the defendant is relieved from his or her sentence or penalties.

The Granting of a New Trial

The other scenario that could play out is that an error is discovered and a new trial is ordered. While this is not as positive as having a conviction set aside, it does provide the defendant with an opportunity to prove that he or she is not guilty of the offense or offenses for which he or she was originally convicted.

Grounds for an Appeal or Post-Conviction Relief

Generally, there is one option in Arizona for post-conviction relief and five commonly accepted grounds to pursue an appeal. Each of these is described below.

Rule 32 Post-Conviction Relief

Rule 32 signifies Rule 32 of the Arizona Rules of Criminal Procedure. These petitions are filed with the trial court that oversaw the original criminal trial instead of with the appellate court. There are only a few instances in which a Rule 32 Petition for Post-Conviction Relief can be sought, and these grounds usually center on an ineffective assistance of counsel at the trial or newly discovered evidence that would aid the defendant’s position.

Appeals Based on Ineffective Assistance of Counsel

If the defendant chooses to file a full appeal with the appellate court, one of the grounds that can be argued is ineffective assistance of counsel. In order for such an appeal to be successful, the defendant must show the court that the Arizona criminal defense attorney made a serious error at some point during the proceeding that directly affected the outcome and resulted in the conviction of the defendant.

Appeals Based on Newly Discovered Facts

If new evidence is discovered after a conviction has been entered by the trial court, the defendant can appeal the conviction and provide this new proof of facts to the court in hopes of either obtaining a new trial or even a setting aside of the original verdict.

Attempts to Withdraw a Guilty Plea

There are times when a defendant enters a plea of guilty to a crime with which he or she has been charged and later decides to withdraw this plea. In order for this type of appeal to be successful, the defendant must show that the plea was made either under duress or without the proper factual knowledge necessary to make an informed decision.

Juvenile Expungement and Record Sealing

Certain appeals involve the cleaning up of the trial record so that the defendant does not have to carry the stigma of this conviction forward in life. There are very limited situations in which such an appeal could be successful, but the benefits are the type that last a lifetime.

Restoration of Civil Rights

This type of appeal is not common and rarely leads to the type of relief that the defendant seeks. Generally, these claims center on the theory and ultimate proof to the appellate court that the original conviction violated the defendant’s civil rights.

Why You Need An Arizona Criminal Defense Lawyer

Appeals are extremely technical in nature, and they involve not only filing an Appellate Brief to the court or a Petition under a Rule 32 motion but also that the defendant argue the points made in furtherance of the appeal. The convicted defendant only gets one opportunity to seek this sort of relief, so rather than risk a negative result, contact the Phoenix criminal defense lawyers at David Wroblewski & Associates today to schedule an initial consultation.