i got convicted of a misdemeanor crime and sentencing is this week if i file an appeal would i still go to jail or wait till the appeal process is done?
Thank you for the questions and comments. Many misdemeanors in the state of Arizona will not normally carry a term of incarceration (jail) as part of the sentence. If your desire is to avoid jail, have an attorney review your conviction. Did you go to trial? Did you sign a plea? If it is a plea agreement, let an attorney know the details of the plea.
An appeal can be quite tricky IF you signed a plea agreement.
Many attorneys offer free consults on these matters. Call or email to schedule a no cost discussion.
Scott A. Mac Leod is licensed to practice law in Arizona. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney. Scott is an active practitioner of FAMILY, CRIMINAL, CIVIL and bankruptcy law.
When you file for an appeal, you can request that the Judge stay the sentence. This means the sentence is put on hold until the appeal is completed. Some judges will grant that stay, others will not.
The first step is to file a notice of appeal with the court. I would suggest consulting with an attorney, as appeals can become very tricky.
Is this a DUI? If you pled guilty you CANNOT appeal. You have 90 days from the sentence to file for post-conviction relief. If you were convicted at trial you have 30 days to file a notice of appeal and do not delay this. Additionally I'm curious as tot he reasons why you want to appeal. Appeals are not granted because you disagree with the court's ruling.
Please have your ATTORNEY do this for you or pay your attorney if youd id not pay for the appeal.
The above statement should not be construed as legal advice, does not create an attorney-client relationship, and is provided purely for informational purposes. You are advised to seek legal advice from an attorney and NOT AN UNLICENSED PARALEGAL SERVICE for any legal questions you have.
More information would be needed as to whether you entered a plea or went to trial. There is no direct appeal on a plea and you may only file a motion for Post-Conviction relief. If you lost at trial, you have the right to a direct appeal, but the notice must be filed in court and there is a short timeline to do so. I suggest consulting with an attorney prior to your sentencing as most appeals will stay the sentence until the resolution of the appeal. My office and most criminal defense attorneys offer free consultations. You want to make sure any attorney you hire has worked in the area of appeals as they are specialized. Good luck!
The information contained in my post is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship.
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