Post Conviction Relief Petitions in Arizona
Any defendant in Arizona who feels for any reason that they did not have the quality of counsel they were deserving of can file a post conviction relief petition (PCR) in Arizona. If new evidence has been introduced, or you can prove ineffectiveness of counsel, you can submit this petition for revie
Time is of the essenceMany people make the mistake of filing the petition too late. There are two timelines every defendant should be mindful of when filing the petition. The claim can be filed within 90 days from the initial sentencing date after a person is convicted at trial or enters a plea agreement. If the person was convicted at trial and preceded forward with an appeal, the person has 30 days from the date of the final appeal to submit the petition. These timeline constraints do not apply in cases where new evidence has been recently uncovered. If new evidence has been uncovered, the petition can be filed at any time.
Most common reason for filing PCRs in ArizonaThe most common reason for PCRs filed in the State of Arizona are claims for ineffectiveness of counsel. Lack of adversarial testing and challenging can result in an overturned conviction. If an attorney failed to conduct interviews of key witnesses involved in the case, a conviction could be overturned.
What happens after a claim is filed?Once the PCRs are reviewed, the conviction may be reversed. If the court does this, all of the charges will be reinstated. This process basically rewinds the case to the previous step and produces one of several outcomes: 1) Case dismissal 2) Retrial 3) Lower or new plea agreement
Importance of Hiring an Experienced Appeals AttorneyIn hiring an experienced AV rated law firm, defendants are guaranteed competent legal counsel. The lawyer will not only help the person in preparing for the Rule 32 proceedings, but the attorney will handle all of the paperwork and prepare the strongest possible case to improve the chances of it being accepted. Criminal attorney with substantial experience in representing clients in Rule 32 proceedings are much more likely to have a favorable outcome for their petition. If you or someone you know is in need of assistance in filing a PCR in Arizona, contact us to get the ball rolling. Contact us today to schedule an appointment with one of our experienced attorney's to learn more about our legal support solutions for post conviction relief petitions.