Arizona Criminal Appeal Attorney
Our system of government is one that is based on checks and balances. Even within the judiciary, the system for appeals 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 appeal lawyer, you are allowed by the higher courts to review your case, which can potentially overturn your conviction or allow for a new trial.
An Arizona criminal appeal lawyer can be an important ally as you fight to protect your rights in court and get your side of the story across. An AZ appellate attorney can also represent defendants who are facing criminal charges.
For a free legal consultation with a criminal appeals lawyer serving Arizona, call 480-400-5555
Explanation of Arizona Appeals Types
In Arizona, appeals can fall into three main categories: civil, criminal, and administrative. In each type of appeal, it is essential to identify if legal mistakes were made. Appeals are not about reliving the entire case but about getting it right the second time.
Below explores each type of appeal in more depth:
Civil Appeals
Civil appeals are cases where two parties are in a disagreement. This may be over a contract, property, or personal injury. For example, if you sue someone and lose, you can appeal the decision to a higher court. The goal isn’t to start over with a new trial but to have the court review if there were mistakes in applying the law or the facts. So, it’s all about making sure things were done fairly the first time.
Criminal Appeals
Criminal appeals come into play if an individual is convicted of a crime and believes their trial was unfair. Maybe there was a mistake with the evidence, jury instructions, or how the law was applied. In a criminal appeal, the defendant doesn’t get a new trial; instead, the higher court reviews what happened during the original trial to see if there were any legal errors. If the appeal is successful, the court could overturn the conviction or reduce the sentence.
Administrative Appeals
Administrative appeals involve government decisions. For instance, if a state agency like the Department of Economic Security (DES) denies your unemployment benefits, you can challenge that decision. Administrative appeals focus on whether the agency followed the law correctly and made a fair decision.
Arizona Criminal Appeals Lawyer Near Me 480-400-5555
General Appeals Timeline and Key Deadlines
In Arizona, the appeals process follows specific timelines and deadlines that must be met. It begins once there’s a final judgment in a civil or criminal case or a decision from an administrative agency. The first step is to file a notice of appeal, which informs the court or agency that you intend to challenge the decision. For both civil and criminal cases, this notice must typically be filed within 30 days of the final judgment or sentencing.
After the notice is filed, the appellant, the person appealing, must submit a brief that outlines the legal reasons for the appeal. This typically is due within 40 days after filing the notice of appeal. The opposing party has the opportunity to file a response brief, which is generally due within 30 days after the appellant’s brief is filed. Once both briefs are submitted, the appellate court will review the case, focusing on legal errors rather than re-trying the case.
If necessary, the court may schedule oral arguments, though not all cases require them. The court can then issue a decision. The timeline for this can vary depending on the complexity of the case.
For administrative appeals, the process is similar, but the deadlines can vary depending on the specific agency. Generally, the notice of appeal must be filed within 30 days of the agency’s decision. The timelines for submitting briefs or scheduling hearings will depend on the agency or court handling the appeal.
It is crucial that you meet all deadlines during this process, as missing any key step can result in losing the right to appeal.
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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.
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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.
Call or text 480-400-5555 or complete a Free Case Evaluation form
