In Arizona, if you've been convicted and sentenced, you can file a post-conviction relief petition to request a new trial or sentencing hearing. This type of criminal appeal is filed with the original trial court. Petitions are governed by either Rule 32 (for convictions after a trial or probation violation hearing) or Rule 33 (for guilty pleas or probation admissions). A frequent basis for these petitions is the constitutional claim of ineffective assistance of counsel, which is exclusively raised in these proceedings. For assistance with this process, you can get help from lawyers at Feldman & Royle.
In Arizona, if you have completed your sentence, you may be eligible to have your conviction set aside under A.R.S. § 13-905. This process involves the court vacating the judgment of guilt, dismissing the charges, and releasing you from all penalties and disabilities of the conviction. While this is not a true expungement, as the conviction still appears on your record with an annotation that it has been set aside, it offers several benefits. The court order can provide personal relief and may improve your prospects when applying for jobs or housing, as you can show potential employers or landlords that the conviction has been set aside.
Asset forfeiture in Arizona can be a complex and daunting process, often leaving individuals feeling overwhelmed and uncertain. Whether it's challenging the seizure of assets, understanding the legal procedures, or protecting your property rights, our team of forfeiture defense lawyers in Phoenix is dedicated to providing a robust defense. We are committed to ensuring that your rights are upheld and that every legal avenue is explored to contest unjust forfeiture actions.
In Arizona, a felony conviction leads to the loss of civil rights, including the right to vote, hold public office, serve on a jury, and possess a gun. For a first-time felony, most of these rights are automatically restored after you complete your probation or prison sentence and pay any victim restitution, with the exception of your right to own a gun. If you have two or more felony convictions, you must file a separate application under Rule 30.2 of the Arizona Rules of Criminal Procedure to have your rights restored. To restore your gun rights, a separate application is always required under Rule 30.2, and there are specific waiting periods: two years after discharge from probation or prison, or ten years for a serious offense. However, if your conviction was for a dangerous offense, you can never have your gun rights restored.
In criminal appeals where you file your post conviction relief petition or your direct appeal depends on where you were convicted. City courts, justice courts, and superior courts are trial courts. The appellate courts in Arizona are the Arizona Court of Appeals and the Arizona Supreme Court. But superior courts act as appellate courts for appeals from city courts and justice courts.
When evaluating cases for criminal appeals, it is important to understand the different court levels in Arizona:
Criminal appeals in Arizona require an understanding of the strict deadlines, applicable law and a skillset for how to apply specific facts to a legal framework. Criminal appeals can often time be consuming, legally challenging and costly— don’t trust criminal appeals to just any lawyer. Our Phoenix Criminial Appeals lawyers at Feldman & Royle have extensive expertise in criminal appeals, post conviction relief matters and expungement. Contact an experienced criminal appeals lawyer at Feldman & Royle to discuss what options you have after you have been convicted of a crime.
