Chandler Post-Conviction Relief Lawyer

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If you were unfairly convicted or sentenced for a crime, you might be entitled to seek post-conviction relief. Defendants deemed guilty by a court may be eligible to have their verdicts or sentences overturned if there were any errors or faults during the initial trial and sentencing.

However, successfully challenging a conviction requires help from a skilled attorney with significant legal knowledge and experience. Contacting a Chandler post-conviction relief lawyer at the Grand Canyon Law Group can significantly improve your odds of success.

RELIEF AFTER A CONVICTION IN CHANDLER

The goal of post-conviction relief is to give a convicted individual the opportunity to raise concerns that were unknown or unattainable at the time of the trial, guilty plea, or sentencing. These cases must demonstrate that the conviction or punishment was in violation of law or procedure or that the conviction was unfairly obtained. Typically, relief is granted via re-trial or a sentencing hearing. Other remedies may also be available depending on the facts of the case.

However, the rules and procedures governing a petition for post-conviction relief are different depending on the nature of the verdict. Specifically, the governing statute that applies changes based on whether the convicted party was found guilty (Rule 32) or pleaded guilty (Rule 33). In either instance, the issues raised must be unique from the original trial and often must adhere to the requirements of the applicable statute.

A post-conviction relief petition is a way of challenging and potentially overturning a conviction. However, the grounds for post-conviction relief in Chandler are strict, making it necessary for a defendant to work with an experienced lawyer.

POST-CONVICTION RELIEF CLAIMS IN CHANDLER MUST BE “COLORABLE”

As the knowledgeable attorneys at our firm can explain, a defendant’s claim must be colorable to achieve post-conviction relief. Colorable claims are claims that may have changed the results of a case.

If accepted, colorable claims must be presented in an evidentiary hearing. The convicted party has the burden of proving the facts associated with their colorable claim while meeting the “preponderance of the evidence” standard.

ISSUES THAT QUALIFY FOR POST-CONVICTION RELIEF

There are two common reasons why a person may be eligible for post-conviction relief. For one, a person could argue that their attorney was ineffective or made mistakes that led to their conviction. Alternatively, a person may be eligible if there was a violation of their constitutional rights.

A post-sentencing relief lawyer may also seek a writ of habeas corpus for the following scenarios:

  • The defendant’s conviction is based on an illegal sentence
  • New evidence surfaces
  • There is a substantial change in the law

All the above matters are nuanced and must be proven by a defendant and their post-conviction relief lawyer.

TIME RESTRAINTS FOR RELIEF AFTER CONVICTION

A person must file a notice demanding post-conviction relief within 90 days of their conviction date or within 30 days after a direct appeal mandate is given, whichever is later. This deadline applies for claims alleging constitutional violations, such as inadequate assistance of counsel. If a claim alleges an issue that surfaces at a later time, the claim must be submitted within a “reasonable” time after realizing the relevant issue.

Arizona Revised Statutes 13-4234.01 states that in any post-conviction remedy procedure for a capital case in which an extension of the time to file a brief is requested, the victim has the right to react to the request for an extension within ten days after the filing of the request and a notice of appearance. Legal assistance from a post-sentencing lawyer at our Chandler office can help ensure that a claim is filed promptly and within the governing rules.

WORK WITH A POST-CONVICTION RELIEF ATTORNEY TO PROTECT YOUR RIGHTS

Obtaining relief after a guilty sentence is no easy task. However, a skilled Chandler post-conviction relief lawyer can make all the difference in the outcome of your petition. At the Grand Canyon Law Group, we are here to fight for your rights and protect your way of life. Call our office now to schedule a consultation about your potential claim.