What are examples of colorable claims in a post-conviction relief petition?

Examples listed include ineffective assistance of counsel (a violation of constitutional rights), an illegal sentence (sentenced incorrectly or not given sufficient credit for time served), new evidence (such as DNA evidence or a new witness not discovered at trial despite due diligence), and significant changes in the law.

When do you have to file a Notice Requesting Post-Conviction Relief in Arizona?

If the colorable claim is based on violations of the Arizona or United States Constitution, the Notice Requesting Post Conviction Relief must be filed within 90 days after sentencing or 30 days after the appellate court rejects a direct appeal. For all other colorable claims, the notice should be filed within a reasonable time after discovering a claim may exist, and if the notice is late but it was not your fault, the court may accept it if you have a good reason for the late filing.

What is the process of obtaining post-conviction relief in Arizona?

A Notice requesting Post-Conviction Relief must be filed first, followed by a Petition for Post-Conviction Relief. The petition must be filed within 60 days of the Notice and provides facts, evidence, legal precedence, and other documents supporting the colorable claims.

What happens after a Petition for Post-Conviction Relief is filed?

If the court decides there are no colorable claims, the petition will be dismissed. If colorable claims are viable, an Evidentiary Hearing may be scheduled, and the attorney will attempt to prove the conviction or sentence was in error by the preponderance of the evidence (which differs from the trial standard of beyond a reasonable doubt).

Mesa Post-Conviction Relief Lawyer

Q: What is post-conviction relief?

Post-conviction relief is a process under Arizona Criminal Procedure Rule 32 (jury verdicts) and Rule 33 (plea agreements) that allows a defendant to file a petition raising a colorable claim that an error affected their conviction or sentence and that the outcome would have been different if handled correctly.

Mesa Post-Conviction Relief Attorney

When a defendant is wrongfully convicted due to an error made by the court, the prosecutor, or even their own lawyer, they have the ability to present further evidence or raise other issues following a conviction. However, to fully prove that there was an error made, they will need to enlist the services of a skilled attorney.

If you have reason to believe you were convicted or sentenced erroneously, a Mesa post-conviction relief lawyer could file a petition to raise a colorable claim that the outcome of your case would have been different if handled correctly. Speak with one of the legal professionals at the Grand Canyon Law Group today to schedule a consultation concerning your case.

For a free legal consultation with a post-conviction relief lawyer serving Mesa, call 480-400-5555

WHAT IS POST-CONVICTION RELIEF?

Arizona Criminal Procedure Rule 32, which applies to jury verdicts, and Rule 33, which refers to plea agreements, list examples of colorable claims that can be included in a petition to be heard by the court. Some examples include:

Ineffective assistance of counsel, which is a violation of your constitutional rights in the United States and Arizona
An illegal sentence happens when a defendant is sentenced incorrectly or not given sufficient credit for time served against their sentence
New evidence, such as DNA evidence or a new witness that was not discovered at trial, despite the defense attorney’s due diligence
Significant changes in the law, for example, Arizona has suspended and reinstated death penalty laws since the first hanging at Florence Prison in 1910

An attorney familiar with post-conviction relief could sit down with you to determine if you have a colorable claim in the local area.

Mesa Post-conviction Relief Lawyer Near Me 480-400-5555

PROCESS OF OBTAINING POST-CONVICTION RELIEF

A precise procedure exists when it comes time to ask the court to review cases in which defendants are found guilty. A Notice requesting Post-Conviction Relief must be filed first, and then a Petition for Post-Conviction Relief.

NOTICE REQUESTING POST CONVICTION RELIEF

If your colorable claim is based on violations of either the Arizona or United States Constitution, you must file your Notice Requesting Post Conviction Relief within 90 days after your sentencing or 30 days after the appellate court rejects a direct appeal. Constitutional violations include ineffective assistance of counsel. For instance, if trial counsel ignored evidence that would benefit a defendant, failed to show up for court hearings, or did not keep a defendant informed of their options.

For all other colorable claims, the notice should be filed within a reasonable time after discovering a claim may exist. If you do not file your notice before the time limit, but it was not your fault, the court may accept your notice if you have a good reason for the late filing.

The notice tells the court who you are, what your sentence was, and outlines under either Rule 32 or 33 what your colorable claim or claims are.

PETITION FOR POST-CONVICTION RELIEF

Once an attorney files a Notice, the Petition for Post-Conviction Relief is next and must be filed within 60 days of the Notice. The petition provides facts, evidence, legal precedence, and any other documents that support your colorable claims. If the court decides there are no colorable claims, the petition will be dismissed, but if colorable claims are viable, an Evidentiary Hearing may be scheduled. The attorney handling your post-conviction relief will attempt to prove that your conviction or sentence was in error. The standard for proving error is by the preponderance of the evidence, which differs from the criminal trial court, where the prosecutor must prove guilt to a higher standard: beyond a reasonable doubt. For a more in-depth explanation regarding this process, reach out to the knowledgeable wrongful conviction attorneys at the Grand Canyon Law Group today.

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GET IN TOUCH WITH A MESA POST-CONVICTION RELIEF ATTORNEY

Arizona laws spell out the circumstances that could allow you to right a wrong committed when you were sentenced or convicted of a crime. Your conviction may be unconstitutional, or you may have new evidence exonerating you.

You will need help presenting your petition to the court. Our Mesa post-conviction relief lawyers at the Grand Canyon Law Group are waiting to hear from you to discuss your case. Our legal team is standing by for your call to schedule your free initial consultation.

Call or text 480-400-5555 or complete a Free Case Evaluation form