Post-Conviction Relief and Appeals

Not by direct appeal. A.R.S. § 13-4033(B) provides that in noncapital cases a defendant may not appeal from a judgment or sentence entered pursuant to a plea agreement or an admission to a probation violation. The route for someone who pled is a post-conviction relief proceeding, sometimes called an of-right proceeding, filed in the court that took the plea.

A.R.S. § 13-4234 requires, in noncapital cases, the notice to be filed within ninety days after the judgment and sentence are entered, or within thirty days after the order and mandate affirming the judgment and sentence issues on direct appeal, whichever is later. The petition itself is then due sixty days after the notice. These limits are jurisdictional, and the statute directs that an untimely notice or petition be dismissed with prejudice.

A.R.S. § 13-4231 sets out the grounds: the conviction or sentence violated the state or federal constitution; the court lacked jurisdiction; the sentence exceeded the maximum authorized by law or was otherwise unauthorized; the person is still being held after the sentence expired; newly discovered material facts exist; the failure to file a timely appeal was not the defendant’s fault; or there has been a significant change in the law.

It can, but the standard is specific. Under § 13-4231, the facts must have been discovered after trial, the defendant must have exercised due diligence, the facts cannot be merely cumulative or used solely for impeachment, unless the impeachment evidence substantially undermines testimony of critical significance at trial, and they must be material enough that they probably would have changed the verdict or the sentence.

That is a recognized ground. § 13-4231 allows relief where there has been a significant change in the law that, if it applies to the case, would probably overturn the conviction or the sentence. Whether a given decision or statutory amendment counts as a significant change, and whether it reaches back to a closed case, is the central fight in these petitions.

Not necessarily. § 13-4231 expressly lists, as a ground for relief, that the defendant’s failure to appeal from the judgment or sentence within the prescribed time was without fault on his part. That is the mechanism for restoring an appeal that was lost through no fault of the client, and it is worth raising quickly given the jurisdictional deadlines in § 13-4234.

Related pages: record sealing and set-asides covers what can be cleared from your record once a case is finally over, and diversion programs covers the option that has to be raised early in a case. For the most serious felony matters, see homicide and manslaughter defense and sex crimes defense.

At Nova Law Group, we understand the immense pressure and uncertainty that come with appealing a criminal conviction or seeking post-conviction relief. Our experienced attorneys are dedicated to providing the aggressive, thorough, and compassionate representation needed to fight for justice.

Experience in Appeals and Post-Conviction Relief: The Arizona Criminal Appeals and Post-conviction Relief Attorneys at Nova Law Group have substantial experience in this field. We have a deep understanding of the appellate process, and we know how to identify the legal issues that can make the difference between success and failure.

Thorough Case Analysis: We start by conducting a comprehensive review of your case, including trial records, evidence, and legal procedures. Our goal is to identify any errors, constitutional violations, or new evidence that could form the basis for your appeal or post-conviction relief.

Aggressive Advocacy: We are committed to fighting tirelessly for your rights. Whether through detailed written briefs or powerful oral arguments, we present a compelling case on your behalf, seeking to overturn your conviction or reduce your sentence.

Clear Communication: The appeals process can be complex and confusing, but we keep you informed every step of the way. We explain your options, the potential outcomes, and the timeline, so you always know what to expect.

Compassionate Support: We understand the emotional toll that a conviction and the appeals process can take on you and your family. Our team provides not only legal guidance but also compassionate support to help you navigate this challenging time.

Strategic Approach: Each case is unique, and we develop a tailored strategy based on the specific circumstances of your situation. Whether focusing on procedural errors, newly discovered evidence, or ineffective assistance of counsel, we craft a strategy designed to achieve the best possible outcome.

Cost-Effective Solutions: We offer flexible payment options to ensure that pursuing an appeal or post-conviction relief is accessible. We believe that everyone deserves a second chance, and we work to make that possible.

If you or a loved one has been convicted of a crime and are seeking justice through an appeal or post-conviction relief, trust the experienced team at Nova Law Group. Contact us today for a free, confidential consultation, and let us help you fight for the justice you deserve.