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A criminal conviction can have a devastating impact on your life. Even if the charge is only a misdemeanor, a conviction will create a criminal record and could compel you to spend time in jail. Felonies are even more serious crimes, with many bringing mandatory-minimum sentences. Given the harsh penalties that often accompany convictions, state law recognizes these judgments should only go forward when a person has had every opportunity to argue their case.
Unfortunately, this does not always occur. If you believe your criminal conviction resulted from a violation of your rights or a judge’s error, you should discuss with a seasoned attorney whether an appeal is appropriate. An appeal can seek a new trial or even gain an outright acquittal for the defendant. A Glendale appeals lawyer at Grand Canyon Law Group can help pursue this action and seek justice on your behalf.
While every convicted individual has the right to pursue an appeal, it is only appropriate to do so when a legal mistake has resulted in an unfair outcome. The defendant must be able to point to a specific error in the handling of their case that justifies this appeal. For example, a judge allowing improper evidence to appear before a jury during a trial could justify an appeal. An appeal cannot move forward based solely on the defendant’s disagreement with the jury’s verdict, however.
Our Glendale attorneys are ready to explain which grounds may be the basis for an appeal. After identifying a solid justification, we can file an appeal with the appropriate court.
While the right to pursue an appeal is always an option, a person must act within a limited time following a conviction. The Court of Appeals will only accept a request for relief if a defendant files a notice of their intent to appeal a conviction within 20 days of their sentencing.
An appeal can also take the form of asking the court to issue post-conviction relief. This may be appropriate when new evidence has come to light that might affect a jury’s verdict or when the length of a sentence appears to be inappropriate. Here, Arizona Revised Statutes § 32.4 states people have 90 days to ask a court for relief after the handing down of a sentence. A skilled lawyer at our firm can determine the appropriate form of appeal within the applicable time limits.
All appeals ask the court to grant relief to a person who has been convicted of a crime. Relief can take many forms; the most common example is asking the Court of Appeals to order the start of a new trial. This may be possible if illegal evidence was shown to a jury or if a trial judge made an improper ruling on a motion.
When new evidence has come forward that creates reasonable doubt about the defendant’s guilt, the Court of Appeals may issue a direct acquittal. Alternatively, a petition for post-conviction relief may ask the court to lessen a guilty party’s sentence. Our appeals attorneys in Glendale can help determine which forms of relief are appropriate given the specific circumstances of the case.
All people who receive a guilty verdict or base their guilty plea on faulty rulings of law deserve the right to plead their case. This often takes the form of an appeal before the Court of Appeals. In other situations, it may be possible to seek post-conviction relief separate from a formal appeal.
A Glendale appeals lawyer is ready to take on your case. At Grand Canyon Law Group, our dedicated defense attorneys can explain how appeals work and when they may be appropriate. If it appears you have a solid case, we are ready to file a formal appeal or seek post-conviction relief on your behalf. Contact us now, since you have limited time to begin your appeal.