ARIZONA CRIMINAL APPEALS AND RULE 32 ATTORNEYS
OUR PHOENIX ARIZONA CRIMINAL DEFENSE LAWYERS HAVE SUCCESSFULLY LITIGATED MANY APPEALS AND RULE 32 PETITIONS FOR POST-CONVICTION RELIEF
Mr. Gillespie and the Phoenix criminal defense attorneys at The Gillespie Law Firm, P.C. have helped many individuals in their Rule 32 or Appeals proceedings.
ARIZONA APPEALS AND WRITSSection 24 of the Arizona Constitution guarantees the defendant in an Arizona criminal prosecution the right to appeal his or her conviction. The purpose of an appeal is to ensure that the trial court did not make any legal errors throughout the trial process. Appeals may result in the reversal of a person's trial court conviction. A successful appeal can also result in the suppression of evidence, a reduction in sentence, or the granting of a new trial.
Criminal appeals and specialized legal writs are active areas of practice for our Phoenix criminal defense attorneys. Following a conviction, Arizona appellate lawyers review the trial transcript or the "record" to determine if one or more legal errors may have occurred. If so, the conviction can be attacked in the Arizona Appellate Court and possibly overturned.
ARIZONA RULE 32 POST-CONVICTION REMEDIESFollowing conviction, a Rule 32 Petition for Post-Conviction Relief ("PCR") may be filed in an attempt to overturn the conviction to win early release or dismissal of the case.
Grounds to file a petition pursuant to Rule 32.1 include the following:
- The conviction or sentence is in violation of the Constitution of the United States or the State of Arizona.
- The court was without jurisdiction to render judgment or impose sentence.
- The sentence imposed exceeds the maximum allowed by law.
- The person is held in custody after the sentence expired.
- Newly discovered material facts probably exist and such facts probably would have changed the verdict or sentence.
- The defendant failed to appeal and it was not the fault of the defendant.
- There has been a significant change of law that if determined to supply to defendant's case would probably overturn the defendant's conviction or sentence.