If you believe material errors existed in your Arizona trial, you may appeal to a higher court. If you use all of your rights of appeal at the state level, you may request a review of your case at the federal level. At The Nolan Law Firm, we have experience defending clients’ rights and appealing convictions.
According to the Arizona Attorney General, every person with a felony conviction may appeal. There are three different options for this process.
- Post-Conviction Relief Petition (PCR)
- Direct Appeal
- Petition of Writ of Habeas Corpus
If you file a Post-Conviction Relief Petition, the original prosecuting office represents the State during these proceedings. The judge who handled the case typically presides over the PCR. The process can include written arguments for post-conviction relief, Oral Argument and Evidentiary Hearing. Your presence at the hearing is dependent on the details of your case.
You can file a Notice of Appeal within 20 days of sentencing. This is the process called a direct appeal. It may take several months before your defense team files the Opening Brief, and an Assistant Attorney General receives the assignment to your case. Once the AAG reviews and evaluates the arguments and official Court record, he or she files an Answering Brief. Your defense may submit a Reply Brief before the panel of judges considers the documentation.
You may file a Petition of Writ of Habeas Corpus if your claims meet the federal Rules of Procedure and you have exhausted all other options,. The process is similar to the PCR. Regardless of the appeal type, there are many steps in the process, and it may take years for case resolution. Having an experienced appellate attorney is critical to ensuring you make the most of your appeal. Visit our webpage for more information on this topic.