Grand Canyon Law GroupN/a
A criminal conviction may seem like the end of your life as you know it. Especially with the state’s harsh rules concerning sentencing for offenses, you may think your only option is to spend the foreseeable future in jail or prison.
Thankfully, this is not always the case. A criminal conviction may have resulted from a violation of your Constitutional rights. New evidence may arise that calls your conviction into question. In these situations, you have the right to seek post-conviction relief with help from an experienced attorney. This relief can often take the form of an acquittal on a charge or the start of a new trial. A Tolleson post-conviction relief lawyer is ready to discuss your situation and determine if this option is available.
Post-conviction relief refers to the process of seeking remedy after a criminal conviction resulting from an error at trial or after new evidence comes to light.
People seeking this relief must file a formal petition with an appeals court. This petition must outline the reason for seeking the relief, evidence that points to the necessity of this step, and the type of relief appropriate for the situation.
Only specific circumstances that affected a criminal defendant may warrant post-conviction relief. In general, a person seeking relief must be able to point to a specific error during their trial that led to an unfair outcome. This may include:
Our seasoned Tolleson attorneys can provide more information about what post-conviction relief entails and when it might be appropriate.
Even if a person believes that an error entitles them to relief, there is still a strict judicial process that they must follow. Under Arizona Rule of Criminal Procedure 32.1, post-conviction relief is only possible in situations where a conviction resulted from a judge’s error or a change in the law would now result in a less severe sentence. A dedicated lawyer at our firm can help determine a person’s eligibility for post-conviction relief.
A convicted person or their attorney must file a Notice Requesting Post-Conviction Relief with the court. This contains information about the conviction, the defendant, and why relief is necessary. Parties must also file a formal Petition for Post-Conviction Relief. This contains more in-depth information about the error that led to the unfair result. A Tolleson attorney is ready to submit these petitions for defendants seeking post-conviction relief.
Convictions for criminal offenses often come with harsh penalties. Although courts do their best to ensure defendants receive a fair trial, errors often occur. In addition, changes in the law or the uncovering of new evidence may reveal a current sentence to be unfair or overly severe. In these situations, a petition for post-conviction relief is appropriate.
A Tolleson post-conviction relief lawyer is ready to help you seek justice. At Grand Canyon Law Group, we can fully explain the post-conviction relief process and determine if a petition is likely to succeed. If so, we are ready to ask a court to order a new trial, reduce the length of a sentence, or even issue an outright acquittal. Reach out to our office now to learn more.