Scottsdale Criminal Appeals Lawyer

Scottsdale Criminal Appeals Attorney

Receiving a criminal conviction is always cause for concern. However, it is essential to remember that you have the right to pursue an appeal if you feel an error in your case entitles you to a new trial or outright acquittal. Even so, the reasons to seek a remedy are limited. Pursuing an appeal requires the ability to quickly interpret the law and submit the necessary paperwork to the correct courts.

A Scottsdale appeals lawyer can help you complete these steps and fight for your rights. At the Grand Canyon Law Group, our dedicated Scottsdale criminal defense lawyers work to evaluate the facts of your trial to identify any potential avenues for appeal. If there are reasons to bring your case to the Court of Appeals, we will gather the necessary information and submit your case brief to the court. We are here to work toward the relief you deserve.

WHEN MIGHT AN APPEAL BE APPROPRIATE?

All criminal defendants who receive a conviction have the right to pursue an appeal. However, this does not mean that all defendants will have a valid reason to do so. In general, appeals are only appropriate when an error of law has occurred that has violated a defendant’s right to a fair trial. Usually, this involves a decision that a trial judge makes about how the trial will proceed. Common reasons to seek an appeal include:

• Violations of constitutional rights: Defendants have many protections under the US Constitution. Interpretations of the Bill of Rights have concluded that defendants are presumed to be innocent until proven guilty. The right to a fair trial has been interpreted to mean that the judge cannot show bias during a trial. Any violation of these fundamental rights, including protections against illegal searches and seizures, can form the basis of the defendant’s appeal.
• Mistakes in handling evidence: Judges have wide discretion when it comes to allowing certain forms of evidence to be admitted into a trial proceeding. When a judge does not allow certain evidence to be shown to a jury that would prove favorable to the defendant, the defendant could cite that as an improper overreach by the judge through an appeal.
• Prosecutorial misconduct: Prosecutorial errors and misconduct can lead to a successful appeal. Examples include withholding exculpatory evidence, making improper arguments to the jury, prejudicing the case through media influence, or introducing false evidence at trial. Such actions can undermine the fairness of legal proceedings, potentially resulting in overturned convictions.
• Erroneous jury instructions: If the judge tells the jury that the defendant must prove their innocence rather than the prosecution having to prove the defendant’s guilt beyond a reasonable doubt, this misinstruction could undermine the fairness of the trial and be grounds for an appeal.
• Improper sentence: Judges have the discretion to assign sentencing within state guidelines. When a judge goes outside those guidelines or gives an excessively punitive sentence, that can provide grounds for a defendant to argue that their rights were violated.
• Jury misconduct: Juries are instructed not to discuss their cases outside of court. They should not be influenced by anyone outside of the pool of jurors. If you find out that a juror was influenced by someone outside of court, that can provide grounds for a retrial or another form of relief. One increasingly common example would be a juror who takes to social media to discuss your case or to ask online friends which way to vote.

A skilled appeals attorney is ready to take the first step in evaluating the events during a trial in Scottsdale. Legal counsel can file a notice of appeal with either the original trial court or the Court of Appeals, depending on the relief a person is seeking. In some cases, there is a time limit of 20 days after the issuance of a sentence to file these notices of appeals, so it is vital to act quickly.

WHAT RELIEF MAY BE POSSIBLE THROUGH AN APPEAL IN SCOTTSDALE?

The main goal of an appeal is to right a wrong that has affected a defendant. However, the exact nature of the possible relief depends upon the type of appeal a defendant files.

COURT OF APPEALS

Most appeals will move through the Court of Appeals. Here, a defendant and their local attorney argue that a specific legal error during their trial resulted in an unfair outcome. As a result, they may ask the Court of Appeals to order a new trial or even issue an acquittal. The Court itself may affirm the trial court’s ruling, order the trial court to reconsider the issue, or rule on its own and end the case.

POST-CONVICTION RELIEF

Other appeals take the form of a defendant requesting post-conviction relief, or PCR. Here, the defendant may ask the original trial judge to reconsider a decision concerning the sentence length. Alternatively, they may argue that new information has come forward that calls a defendant’s guilt into question.

Arizona Rule of Criminal Procedure § 32.4 gives most people no more than 90 days after the imposition of a sentence to file these requests for relief. The goal is to convince a judge to reconsider the original sentence or issue a total acquittal. A Scottsdale lawyer could help determine which appeals option is best for the specific situation.

How Do I Find the Right Appeals Attorney for My Case in Scottsdale?

If you were recently convicted of a crime and want to appeal that decision, one possibility would be to work with the trial lawyer you hired to defend you in court. There are times when clients learn too late that their defense attorneys are not as skilled as they hoped.

There could be advantages to working with a different attorney during your appeal. Filing appeals is a unique skill that not all criminal defense attorneys have. Look for an attorney who says on their website that they are an appeals attorney.

If you do not see any information about filing appeals on their website, they may not have much experience in that area. Schedule a consultation with the prospective lawyer and discuss your case and which of your rights were violated during the trial.

Ask your attorney if they believe that you have a strong case. An experienced appeals lawyer should have answers for you right away. The lawyer should be able to articulate in easy-to-understand terms what the strengths and weaknesses are of your appeal.

Another question to ask the lawyer is whether they have filed an appeal for a defendant who was in a similar situation. You want to find a lawyer who understands case law and can help with your specific case.

Once you find a lawyer who you feel comfortable with and who understands the merits of your appeal, you can move forward with confidence.

Scottsdale Criminal Appeals FAQs

Q: What Is the Average Hourly Rate for a Lawyer in Scottsdale, AZ?

A: The hourly rate for a lawyer in Scottsdale, Arizona varies considerably. Attorneys who have more years of experience and a better track record of helping clients resolve their criminal cases on favorable terms often charge more per hour than an attorney who is less experienced or less qualified to defend clients.

Lawyers who charge hourly rates often require lump sum payments known as retainers that have to be paid again in full once they are used up.

Q: Can You Appeal a Civil Case in Scottsdale, AZ?

A: Yes. You can appeal a civil case when the lower court did not follow important steps and procedures. When a party to a civil suit loses due to irregularities during a trial, that individual can hire an appeals lawyer who can gather evidence and submit a summary of what happened to a higher court.

The higher court can order the lower court to take certain actions to remedy the problem.

Q: Why Do Appeals Often Cite Past Higher Court Rulings?

A: When making an effective appeal filing, it is useful to cite past rulings of Arizona’s highest courts as well as the rulings of federal courts that are relevant to the case at hand. The body of higher court rulings is known as case law, and citing the right cases can demonstrate to the appellate court there is a clear precedent for correcting the type of court error you documented.

Q: What Can Happen if My Appeal Is Successful?

A: There are multiple outcomes to an appeal court ruling. The higher court may overturn the conviction if the evidence merits those steps. In other cases, the higher court could modify the sentence. This is common when the sentence is outside of state guidelines or unlawfully punitive. In other cases, the higher courts could require the lower court to retry the case. This is known as remanding the case back to the trial court.

Q: How Do I File a Notice of Appeal in Scottsdale, Arizona?

A: The most effective way to file a notice of appeal in Arizona is by working with an experienced attorney who has filed a notice of appeal. You must file this notice within a set period of time in order to be eligible to submit an appeal.

A notice simply informs the lower court that you intend to appeal the decision. A notice of appeal may be useful when arguing that the defendant should not have to begin serving jail or prison sentences until the appeal process is concluded.

SPEAK WITH A SCOTTSDALE APPEALS ATTORNEY IMMEDIATELY

Errors occur every day during trials in Scottsdale criminal courts. In many cases, these errors result in unfair trials that harm your chances of acquittal or result in an excessive sentence after conviction. If you face this unjust situation, an appeal might help bring relief.

A Scottsdale appeals lawyer is ready to fight for you. The team at Grand Canyon Law Group can evaluate the actions of the trial judge to determine where an error may have occurred. If we can identify a plausible reason to pursue an appeal, we are ready to submit the necessary paperwork and legal arguments to the correct court and demand an appropriate remedy. Contact us now, as you may have a limited amount of time after the end of a case to exercise your right to appeal.

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