Arizona Criminal Appeals Lawyer

Arizona Criminal Appeals Attorney

Our system of government is one that is based on checks and balances. Even within the judiciary, the system for appealing ensures that the defendant’s rights are never violated. If you have been convicted of a crime that you did not commit, you are not alone. By hiring an Arizona criminal appeals lawyer, you are allowed by the higher courts to review you, which can potentially overturn your conviction or allow for a new trial.

An Arizona criminal defense lawyer can be an important ally as you fight to protect your rights in court and get your side of the story across. Many criminal defense attorneys also represent defendants who are facing criminal charges.

Can I Appeal My Criminal Conviction in Arizona?

Every defendant has the right to appeal, but not every case can present a strong argument to the Arizona Court of Appeals or the Supreme Court. The primary reason for appealing any criminal conviction is to allow a higher court to review the facts and procedures that led to the lower court’s ruling.

The job of an appeals court is not to retry the case but rather to ensure that the lower court protects the rights of the accused and follows state and federal laws. The defendant’s attorney presents evidence from the original trial and asks the higher court to reverse the conviction or modify the judgment. This protects the right of anyone in this country to a fair trial.

There’s a wide range of court errors that can provide grounds for a higher court to overturn a conviction, modify the sentence, or order a new trial.

• Violations of constitutional rights: Trial errors based on violations of the US Constitution could include illegal searches and seizures, failure to inform individuals of their rights to remain silent or have legal counsel present, and the use of unlawfully obtained confessions. Violations may involve due process, protection against double jeopardy, and the right to a speedy trial.
• Mistakes in handling evidence: A judge may exclude evidence that lawfully should have been admitted into evidence. A higher court can weigh those errors when deciding to rule on an appeal.
• Prosecutorial misconduct: Prosecutorial mistakes and misconduct can lead to a successful appeal, such as withholding exculpatory evidence, making improper arguments to the jury, prejudicing the case through media influence, or introducing false evidence at trial. These actions may result in convictions being overturned due to their potential to undermine fairness in legal proceedings.
• Erroneous jury instructions: Judges must be neutral and accurate in their instructions to a jury. If a judge instructs the jury that the defendant must prove their innocence instead of requiring the prosecution to prove the defendant’s guilt beyond a reasonable doubt, this error could undermine the fairness of the trial and serve as grounds for an appeal.
• Improper sentence: Judges typically have discretion when sentencing defendants convicted of felonies or misdemeanors. However, this discretion can be misused. If a sentence is deemed inappropriate for the crime committed or exceeds statutory limits, it may be overturned on appeal.

By making strong legal arguments and describing the violations that occurred during the original trial, an appeals attorney can work to persuade a higher court to take action to remedy the error or errors of the lower court.

Benefits of Hiring a Criminal Appeals Lawyer in Arizona

You are not required by law to hire an attorney to handle your appeal, but having legal representation can greatly improve the chances that your appeals lawyer will make the correct legal arguments.

Appeals are notoriously full of legal jargon, much of which includes terms that are hardly, if ever, used outside of appellate filings. An appeal often requires extensive research on the part of the person drafting and filing the appeal.

The final paper that is submitted to the court of appeals could contain hundreds of pages. You will also have to understand which types of evidence can be considered by the higher courts. If you are not familiar with relevant case law examples, your appeal may not meet the legal standard required to convince a higher court to remand your case or overturn your conviction.

An appeals attorney understands the deadline for filing an appeal and the proper language and formatting needed to successfully file the appeal. When your freedom is on the line, you should trust an experienced lawyer rather than going it alone.

Arizona Criminal Appeals FAQs

Q: How Much Does a Criminal Appeals Cost in Arizona?

A: The cost of your appeal will largely depend on the complexity of your case and how much research the attorney has to do when preparing your appeal. Unlike a trial, much of the time that goes into an appeal happens outside of the courtroom.

Your attorney may spend several dozen hours carefully preparing the paperwork, and the legal fee they charge will reflect the time and resources that go into your case.

Q: What Is Rule 32 in Arizona?

A: Rule 32 outlines the procedures and grounds under which a person who has been convicted of a crime can seek to have their conviction or sentence reviewed or corrected after the direct appeal process has been exhausted. This rule provides a framework for filing petitions for post-conviction relief, which typically involve claims of ineffective assistance of counsel, newly discovered evidence, or constitutional violations that may have affected the outcome of the trial or sentencing.

Q: Can You Appeal a Plea Deal in Arizona?

A: In most cases, you cannot appeal a plea deal because entering into a plea agreement involves waiving the right to appeal the conviction or sentence. Once a plea deal is accepted and entered as a court order, it is typically considered final.

There are limited circumstances where a plea agreement can be challenged. One example would be if the defendant did not receive effective assistance from counsel during the negotiation of the plea deal.

Q: Can You Appeal a Civil Case in AZ?

A: Yes. The process for appealing a civil case is similar to appealing a criminal case in Arizona. The party that alleges it did not receive a fair trial can make those arguments before a higher court. The appellate court reviews whether legal errors occurred during the trial that affected the outcome of the case.

Similarly to a criminal trial, if the appellate court finds errors that warrant a change in the trial court’s decision, it may overturn or modify the judgment, or it may order a new trial.

Schedule Your Arizona Criminal Appeals Consultation Today

Following a criminal conviction, the main remedy for overturning a wrongful conviction is through the appellate courts. Filing an appeal is a time-consuming job, but when someone has been wrongfully convicted, the extra steps may be warranted.

If you were recently convicted of a crime and believe your rights were violated during the trial, an attorney at Grand Canyon Law Group can review the facts of your case to see if you could benefit from appealing your conviction. To schedule your consultation with one of our attorneys, contact our office today.

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