Chandler Criminal Appeals Attorney
If you have been found guilty of a felony or a misdemeanor in Arizona, you have the right to appeal your conviction to a higher court. If a panel of appellate judges finds that errors or omissions occurred in your original trial, they could reverse your guilty verdict. You will need an experienced Chandler criminal appeals lawyer on your side to have the greatest chance of success with this endeavor.
A Chandler appeals lawyer at Grand Canyon Law Group can review your case for mistakes by the prosecutor or judge that may have contributed unfairly to your conviction. When your freedom and future are at stake, call a dedicated criminal defense lawyer to defend your rights.
Whether you believe your previous attorney did not do an adequate job of defending you in your case, and this resulted in your conviction, or you believe that serious issues with evidence, witness testimony, or procedure resulted in an unfair and unjust conviction, our team can assist you with all stages of the appeals process, help you understand how the appellate court is likely to handle your case, and what you can expect from these proceedings.
For a free legal consultation with a criminal appeals lawyer serving Chandler, call 480-400-5555
DIFFERENCES BETWEEN TRIAL AND APPEALS PROCESS
Unliked a trial, in which a jury passes judgment, an appeal involves a panel of judges. Scheduled hearings are rare in appeals, and most arguments are presented in writing. The defendant filing the appeal must establish grounds for an appeal, and they have a very limited time following their sentencing in which to file their appeal. It is crucial to have a Chandler criminal appeals lawyer assisting you as quickly as possible after sentencing if you intend to appeal.
Often, arguments in an appeal focus on the violation of a defendant’s rights. A knowledgeable attorney at our firm can explain the three different ways of appealing a conviction in Chandler and help determine the best strategy for a particular case.
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GROUNDS FOR APPEAL IN CHANDLER
It is vital to properly establish solid grounds for appeal before entering your petition, and you will need an experienced Chandler criminal appeals lawyer to assist you with this beginning step of your case. It’s possible to challenge your conviction in various ways, but these are difficult arguments to make and will require the attention of an experienced defense attorney.
Many criminal conviction appeals are filed on the grounds of evidence having been improperly admitted or excluded from the trial. For example, improperly admitted evidence should not have been considered by the jury and may have, therefore, influenced their ruling. Conversely, it is also possible for excluded evidence to have changed the jury’s interpretation of the situation, and the appealing defendant must prove that this evidence could have altered the case’s outcome.
Jury selection mistakes can also form grounds for appeal. A defendant may need to prove that a specific juror was biased and should have been excluded from the trial, or they may need to prove that a juror was improperly dismissed. An experienced Chandler criminal appeals lawyer can help their client make these arguments.
If you had a different criminal defense attorney representing you during your trial and you believe their ineffective counsel resulted in your conviction, proving ineffective defense counsel can also form grounds for appeal. This requires proof that the original defense attorney failed to provide the basic level of defense representation you should have received in your case. Proving legal malpractice can be very difficult and will require an experienced attorney’s assistance.
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DIRECT APPEALS IN CHANDLER
After conviction and sentencing at a trial, an appellant and their attorney can file a Notice of Appeal, followed by an Opening Brief directed to the State’s attorney. An appellate prosecutor will be assigned to the case and will file an Answering Brief, to which the appellant can reply before the briefs are submitted to a three or five-judge panel.
Importantly, there are strict time limits set by the Arizona court in 16A A.R.S. Rules Crim. Proc., Rule 31.13, and the case can be dismissed if briefs are not filed by the appropriate deadline. For a noncapital case, the appellant must file:
- An opening brief within 40 days after the initial notice is distributed
- An answering brief no later than 40 days after appellant’s brief is served (if not served, the court can make a decision based on the opening brief)
- A reply brief (if there is one) no later than 20 days after the answering brief is served
- Cross appeals
The court can schedule an Oral Argument between the appellant’s lawyer and the State’s attorney if it deems it appropriate. The court then considers the errors at trial and can take up to a year to affirm, modify, remand, or reverse the trial court’s decision. Our tenacious local attorneys are experienced in filing direct appeals and fighting for convictions to be overturned.
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POST-CONVICTION RELIEF PETITIONS AND PLEA AGREEMENTS
Our legal team can also help file Post-Conviction Relief (PCR) petitions for defendants who have accepted a plea agreement. PCR petitions are handled in the original trial court by the original judge and are submitted in writing. Oral arguments and evidentiary hearings may include both witnesses and the defendant.
WRITS OF HABEAS CORPUS AND FEDERAL APPEALS
After all Arizona appeals are exhausted, a federal Petition for Writ of Habeas Corpus can be filed with the United States District Court. Federal Rules of Procedure govern this type of appeal, including the types of claims permitted. Like the state appeals procedure, the arguments are written in advance, first by the appellate attorney and then by the State. Afterwards, an Evidentiary Hearing or Oral Argument may be scheduled. However, years can pass before the District Court decides the outcome.
POTENTIAL OUTCOMES OF YOUR APPEAL IN CHANDLER
The main goal of the appellate court is to determine whether the original case was tried correctly or if a mistake of law and/or procedural errors caused the defendant to be unfairly convicted. The most common positive outcome for a defendant is for the appellate court to order new proceedings. The case will be sent back to the lower court and effectively retried with the previous errors addressed to ensure a fair trial.
In extreme cases, an appellate court may overturn the lower court’s decision and acquit the defendant. This would require proof that the conviction was entirely wrongful and that the previous court reached a completely incorrect decision. Proving prosecutorial misconduct or severe constitutional rights violations could lead to this result.
How to Effectively Prepare for an Appeals Case
While an appeals case may seem daunting, there are statistics, like those shared by the U.S. Department of Health and Human Services, that show there is hope for a favorable outcome. In 2024, 27.5% of appeal decisions were favorable. Preparing for an appeal case starts with reviewing the trial record closely. It is helpful to work with a lawyer to identify legal errors or issues that may have affected the outcome.
Take time to gather all related documents, including court transcripts, evidence, and rulings. Be clear about your goals and what you hope to achieve through the appeal. Stay organized, meet all deadlines, and communicate openly with your attorney. Appeals rely heavily on written arguments, so helping your lawyer build a strong, focused brief is key. Preparation and teamwork can make a big difference in how your case moves forward.
FAQs
Q: How Much Does an Appeal Lawyer Cost?
A: The cost of an appeal lawyer can vary depending on the case and the lawyer’s experience. Some charge a set fee, while others bill by the hour or require an upfront payment. Appeals often involve detailed legal work, so the cost may be higher than in other cases. There may also be extra expenses like court filings or transcripts. It’s important to ask about fees and payment options during your first meeting so you understand what to expect moving forward.
Q: What Does a Criminal Defense Attorney Do?
A: A criminal defense attorney helps people who are facing criminal charges. They explain your rights, review evidence, and build a defense strategy. Their job is to protect you in court and work toward an ideal outcome. This may mean reducing charges, negotiating a plea, or fighting for a not-guilty verdict at trial. They may also guide you through each step of the legal process. Having a defense lawyer means that you don’t have to face the system on your own.
Q: What Are the Odds of Winning an Appeal?
A: The odds of winning an appeal depend on many factors. Appeals are not new trials; they focus on legal errors made in the original case. Success often depends on the strength of the written arguments and the specific issues raised. If the court finds a serious mistake that affected the outcome, it may reverse or modify the decision. While appeals can be challenging to win, having a skilled lawyer and a strong legal basis can improve your chances.
Q: What Is an Appeal?
A: An appeal is a legal process where you ask a higher court to review a decision made by a lower court. It doesn’t involve a new trial or new evidence. Instead, it focuses on possible legal mistakes that may have affected the outcome of your case. If the appeals court finds an error, it might change the decision, order a new trial, or send the case back for review. Appeals follow strict rules and deadlines, so legal help is important.
Q: How Long Do Appeals Take?
A: Appeals can take time, and the process often moves more slowly than regular trials. The timeline depends on how complex the case is, how busy the court is, and how long it takes to prepare written arguments. Sometimes, delays happen due to legal reviews or scheduling. Each step can take a long time. Because appeals follow a strict process, working with an experienced lawyer can help things move as smoothly as possible.
CALL A CHANDLER APPEALS LAWYER TO PROTECT YOUR WAY OF LIFE
Conviction for a crime in Arizona may not be the final say in a defendant’s fate. If there were mistakes in your trial, such as incorrect jury instructions or the omission of pertinent evidence, our lawyers can fight to overturn your wrongful conviction. The Grand Canyon Law Group has an extensive record of successful cases and the experience you need on your side to navigate the appeals process with confidence.
Our Chandler appeals lawyers are committed to upholding the justice system and representing those who were not given a fair chance at trial. Whether you reach out online or visit one of our offices, like our Phoenix location on North 5th Avenue, we are here to help. We can scrutinize your trial to see if wrongful acts or omissions tainted your verdict. You have a way of life worth protecting, so call us today to schedule your initial consultation.
Call or text 480-400-5555 or complete a Free Case Evaluation form
