Phoenix Post Conviction Relief & Appellate Attorney
If you believe you have been unjustly convicted of a crime, post-conviction relief and appeals provide options for seeking a reversal of charges and associated penalties. Whether you believe your legal counsel was ineffective or that the court failed to uphold its duty of fairness, these options can help restore justice for you and your case.
If you or a loved one have been convicted of a crime and believe that an error was made during the trial or in the application of the law, our experienced team of appellate attorneys at JacksonWhite Law is here to help. Our firm has a proven track record of success in navigating the complex criminal appeals process, and we are dedicated to providing unparalleled legal representation to protect your rights and fight for a favorable outcome.
What Is Post-Conviction Relief (PCR)?
Post-conviction relief (PCR) is one option that allows a person convicted of a crime to request the court review their case in search of a modified judgment or sentence. Common forms of relief include a reduced sentence, a judgment set aside, or expungement.
Post-conviction relief is an option when there are concerns surrounding how the original judgment was obtained or if you feel you have been wrongfully convicted of a crime. Post-conviction relief is also the only option to review a case that ended with a plea agreement according to Rule 33 of the Arizona Rules of Criminal Procedure.
An individual can only seek post-conviction relief under specific grounds. These grounds include the following:
- A conviction was in violation of the United States or Arizona State Law
- The court did not have proper jurisdiction to impose a sentence
- The imposed sentence exceeds the maximum sentence allowed by law
- New facts are discovered that may have influenced the verdict or sentence
- A failure to file a notice of appeal within the allowed timeline was not the defendant’s fault
- There was a significant change in the law that would likely overturn the defendant’s conviction or sentence if applied to their case.
The process for post-conviction relief involves filing a detailed petition with the court explaining your reasoning for the request within 90 days after the entry of judgment and sentence or within 30 days after the issuance of an order and mandate in a direct appeal. In this petition, you should provide the facts that support your justification for post-conviction relief—this might include newly discovered facts surrounding the case, improperly followed procedures in your case, or other relevant information.
If you believe post-conviction relief is an option that makes sense for you in your case, you should consult an experienced appellate attorney for guidance on how to proceed. Our team at JacksonWhite Law can help.
What Is An Appeal?
An appeal is an opportunity to have your case and conviction reviewed by a superior court in cases where you disagree with the legitimacy of the verdict. An appeal differs slightly from a petition for post-conviction relief in that it is limited only to the facts of the original case. In other words, you are unable to present new facts or issues related to the case.
An appeal is also an option only available for individuals who were convicted of a crime but did not plead guilty.Â
Common grounds for an appeal include:Â
- The jury in a case received improper or incorrect instructions
- Improper admission of evidence by the prosecution
- Prosecutorial misconductÂ
Filing an appeal requires several steps, including filing a notice of an appeal to the court and citing your specific concerns with the legal process that led to the conviction. The appellant must also provide all transcripts and relevant details from the original trial to the appellate court.
Because of the detailed process involved in filing an appeal with the court, it’s a good idea to consult a skilled attorney for support. Our attorneys at JacksonWhite Law have extensive experience in navigating the appeals process, offering valuable guidance to appellants throughout.
Why Should You Hire a Post-Conviction Relief and Appellate Lawyer?
An attorney is a valuable resource for helping you navigate the complex legal system by ensuring all necessary documentation is filed properly and advocating for you before the court. Filing an appeal or petition for post-conviction relief with the court alone can be complex, especially without experience handling legal documentation. Our attorneys at JacksonWhite have advanced knowledge of the legal system and Arizona law, taking a significant burden off your shoulders.
Some of the reasons for hiring an experienced post-conviction relief lawyer include:Â
- Experienced Appellate Attorneys – Our law firm boasts a team of highly skilled and seasoned appellate lawyers with extensive experience in handling criminal appeals in Arizona. They possess in-depth knowledge of the state’s legal system, appellate court procedures and the intricacies of criminal law.
- Strategic Approach – Every criminal appeal is unique, and our team at JacksonWhite understands the importance of a customized approach. We meticulously analyze the trial record, identifying potential errors or constitutional violations that may have occurred during the proceedings. Our attorneys craft compelling appellate briefs and present persuasive arguments to the court to increase the likelihood of a successful appeal.
- Passionate Advocates for Justice – At JacksonWhite Attorneys at Law, we are driven by a passion for justice and a commitment to upholding the rights of our clients. We understand the emotional and financial toll that a criminal conviction can have on individuals and their families, and we will work tirelessly to right any wrongs that may have occurred during the trial.
When you hire our team at JacksonWhite Law, you can expect us to support you throughout the entire process. Our attorneys will work to understand all the details of your initial case so we can begin developing our legal strategy to support your petition for relief.
How JacksonWhite Can Help with Appeals & PCR
Our appellate attorneys at JacksonWhite Law can offer several layers of support in pursuing an appeal or post-conviction relief. We’ll begin every case with a free initial case review to learn more about your circumstances and your goals. From there, we’ll begin with a comprehensive case review to analyze the facts of your case and identify the grounds for an appeal, building the strongest case possible.Â
Our criminal appeals services include the following:Â
- Post-Conviction Relief – If you believe your conviction resulted from errors made during your trial or that crucial evidence was overlooked, our team can assist you in seeking post-conviction relief. We will thoroughly review your case, explore all available legal avenues and file appropriate motions to challenge your conviction or sentence.
- Appealing Unfavorable Outcomes – If you received an unfavorable judgment in your criminal case, our attorneys can handle the process of filing an appeal to a higher court. We will carefully analyze the trial record, identify potential legal errors and present a compelling case to persuade the appellate court to reverse the lower court’s decision.
- Habeas Corpus Petitions – In cases involving constitutional violations or unlawful detentions, we can file habeas corpus petitions to challenge the legality of your incarceration. Our team will skillfully navigate the complexities of these petitions and advocate for your release if warranted.
- Sentence Reductions – If you believe your sentence is unduly harsh or excessive, our attorneys can explore the possibility of seeking a sentence reduction. We will assess the circumstances of your case, research relevant sentencing laws and petition the court for a fair and just resolution.
During a free initial case review, we can outline more clearly all the ways we may be able to offer you guidance in an appeal or post-conviction relief. This case review will allow us to determine whether you have grounds for an appeal and what measures we can take to secure a more favorable outcome for you. Contact us today so we can begin discussing the options available to you.
Potential Strategies for Successful Appeals & Post-Conviction Relief
Because the potential strategies for a successful appeal or post-conviction relief depend on the unique factors of each case, it’s crucial to have the support of a skilled attorney when making an argument. When you contact us at JacksonWhite Law, we will review the details of your case to determine the best strategy for crafting an appeal or seeking post-conviction relief. Our post-conviction relief attorneys may be able to use some of the following strategies in your favor.Â
Challenging Legal Errors
If there were mistakes made during your trial, such as incorrect jury instructions or the admission of unjust evidence, we will call attention to them, present evidence and build a case for either a reversal of your charges or the opening of a new trial.Â
Ineffective Counsel ClaimsÂ
You have a constitutional right to effective legal representation. In cases where the attorney who represented you during trial or plea negotiations failed to uphold their responsibilities to effectively argue your case and advocate for your rights, we can argue for post-conviction relief.
Presenting New Evidence
If new evidence is discovered surrounding the original case that may have influenced the decision if discovered before, we can use this to seek a retrial. Keep in mind that this strategy is not available for an appeal, and new facts can only be presented during a request for post-conviction relief.
Citing New Laws
If new laws have been passed surrounding your original charges, then we can argue to have the conviction set aside and expunged from our client’s record. As an example, this is a common strategy for those who have been convicted of marijuana-related offenses in Arizona now that Proposition 207 has been passed to legalize the possession of marijuana.
Potential Outcomes for Your Case
With an effective appeal or claim for post-conviction relief, you may be able to achieve a variety of potential outcomes. Our experienced post-conviction relief lawyers at JacksonWhite will review your case and the legal processes leading to your conviction in order to build the strongest possible justification for an appeal or post-conviction relief.
We may be able to help you achieve some of the following outcomes:Â
- Case Reversal – If we can prove that your conviction occurred as the result of false pretenses, a lack of evidence, or a violation of your rights, we may be able to seek a reversal of your case and get your conviction overturned.
- Reduced Sentence – We may be able to advocate for a reduced sentence if your original sentencing occurred without all the facts or before a relevant law was passed.
- New Trial – In cases where we can prove that your original case was affected by legal errors or a lack of evidence, we may be able to seek the opportunity for a fairer trial with a just result.
- Dismissal of Charges – If possible, our team may be able to highlight specific procedural errors or new findings and advocate for the dismissal of your charges.
- Expungement – If your conviction stands upon an appeal, we may be able to get your case expunged and your record sealed under ARS 13-911 so that your charges are no longer visible in the public view.
- Corrected Legal Errors – We may be able to see to it that we correct any legal mistakes made during the initial trial or sentencing so that you can receive a fair and just sentence.
The potential outcomes for each case depend on the unique circumstances of each situation and the events that occurred during an initial case. To maximize your chances of a positive outcome, it’s important to have an experienced appellate attorney on your side. Our team at JacksonWhite Law will work our hardest to seek an outcome that is fair and just regarding your case.Â
The Importance of Acting Quickly To Meet Deadlines
Time is of the essence when it comes to criminal appeals in Arizona. The appellate process has strict deadlines, and delaying action can severely impact your ability to challenge your conviction or sentence effectively. A post-conviction relief petition must be filed within 90 days of the entry of a judgment or sentence or within 30 days after an appeal, depending on whichever happens later.
It is crucial to consult with our appellate attorneys at JacksonWhite as soon as possible after your trial to ensure you have the opportunity to pursue all your available legal options. Don’t navigate the complexities of the criminal appeals process alone.
Meet JacksonWhite Law
We are a full-service law firm focused on Criminal Defense.
As premier defense attorneys in Arizona, we’ve helped clients go from facing criminal charges to having less severe penalties, which can then makes it easier for our clients to move on after a criminal case. Some of the outcomes and results we’ve secured include:
• Reduced charges
• Dropped charges and cases
• Lessened penalties
• Probation, fines and classes instead of jail time
At JacksonWhite, we’re focused on the road ahead – not what’s behind you. We’ll make every effort to understand your case and offer legal solutions that can allow you to move forward and minimize the negative impact on your life. We’ve helped adults and juveniles facing all types of criminal charges, from DUI and drug crimes to violent crimes related to domestic violence, assault and battery. Our experienced attorneys will combine their knowledge, guidance and skill set to work toward the best possible outcome for you and your case.
