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Gilbert Criminal Appeals Lawyer

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Gilbert Criminal Appeals Attorney

If you went to trial and were convicted of a criminal offense, you may feel unsure or scared about what the future holds. However, the law still makes it possible from individuals to appeal their case in the event the the judge, the prosecutor, or even your own lawyer made a mistake in the determination of your case.

If you believe your case was not handled properly, you should take the time to speak with one of our highly trained and experienced attorneys at the Grand Canyon Law Group. A Gilbert appeals lawyer can help determine whether an error was made in your case and fight to have your appeal heard. Call today to get started.

HOW IS AN APPELLATE ATTORNEY DIFFERENT FROM A TRIAL ATTORNEY?

A trial attorney is at a person’s side from the planning stages, pretrial preparations, evidentiary hearings, jury selection, arguing against the prosecution’s evidence in front of a jury, to the final verdict and conviction. On the other hand, an appeals attorney’s strengths focuses on the following elements:

  • Knowing the rules: Procedural rules differ for a case on appeal differ from those used in a criminal trial;
  • Knowing the issues: A seasoned appeals lawyer knows how to identify the legal and factual issues that are most likely to win on appeal;
  • Understanding the case: The right appellate attorney will bring a new and fresh perspective to the situation to decide how best to proceed during the appeals process;

The Arizona Attorney General has released a pamphlet, The Criminal Appeals Process, which defines the terms you will need to know. Since selecting the right attorney for your appeal is essential to a good outcome, we invite you to contact our attorneys at the Grand Canyon Law Group to discuss your case.

THE APPEALS PROCESS IN GILBERT CRIMINAL CASES

Since the appeals process focuses on errors and omissions in at the trial level, an appellate attorney must have a reason to file an appeal on behalf of the convicted individual.

FILING A DIRECT APPEAL

Within 20 days after being sentenced by a jury, the defendant must file a Notice of Appeal, and afterward, an Opening Brief with the appeals court. The State of Arizona, through its prosecutor, will file an Answering Brief in response to the Opening Brief. The appellate attorney can file a Reply Brief before the case is handed over to the judge or judges who will decide the appeal.

The court can also schedule at its discretion an Oral Argument between the prosecutor and the appellate attorney. Once all briefings and arguments are complete, the appeals court will affirm, modify, remand, or reverse the trial court’s decision. A Gilbert criminal appeals attorney will use all of their analytical, writing, and oratory skills to help convince the judges that the outcome of your case should be reversed in your favor.

POST-CONVICTION RELIEF PETITIONS

Post-Conviction Relief (PCR) petitions can also be filed by defendants who chose to resolve their criminal case through a plea agreement rather than going to trial. The process for filing a PCR petition is different from and appeal, but the purpose is generally the same—to fix an error that occurred in your criminal case.

The petition is filed with the trial judge who heard your guilty plea or sentenced you. PCR petitions are submitted in writing by the defense and answered in writing by the State. Oral arguments and evidentiary hearings may be held, which could include testimony from witnesses and the defendant. The court’s decision can take up to a year to affirm, modify, or reverse the original guilty verdict.

PETITIONS FOR WRITS OF HABEAS CORPUS

Petitions for Writs of Habeas Corpus are federal appeals filed with the United States District Court after all Arizona appeals are exhausted. Federal Rules of Procedure govern the appeal, including the types of claims permitted. Like the state procedure, the arguments are written, first by the appellate attorney, then by the State, after which an Evidentiary Hearing or Oral Argument may be scheduled. The District Court may take years to decide the outcome.

A GILBERT APPEALS ATTORNEY CAN HELP

You should not give up hope if you have been convicted of a crime in Arizona. Sometimes, mistakes are made at your trial that should be reviewed and could change the outcome of your case

Contact a Gilbert appeals lawyer to discuss a plan for your post-conviction relief. Our law office professionals are standing by to help you. Your first consultation is free.

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