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Post Conviction Relief & Appeals

If you’ve been convicted of a crime in Arizona you may be able to file an appeal or a petition for post-conviction relief (PCR). The courts are operated by people – people make mistakes. In some cases, verdicts and convictions are issued based on errors during the original court proceedings. An appeal or a petition for post-conviction relief grants those convicted of a crime the opportunity to challenge their original verdict. Rather than a new trial, an appeal revisits the evidence, arguments, and other details of the original case to ensure the defendant was treated justly and fairly. In some cases, appeals and PCRs can lead to a reversal of a conviction or even a new trial. If you feel you’ve been treated unfairly by the courts, you owe it to yourself to challenge your conviction. The attorneys at Tait and Hall have years of experience fighting for their clients in Arizona appellate courts. The appellate and trial courts are separate. You need an attorney with experience appealing and overturning convictions.
Criminal Appeals & Petitions
Set Aside & Record Clearance
Gun Rights
Marijuana Expungement

What is an appeal?

An appeal is a request to a higher court to reverse a decision made by a lower court. After a judge hands down a sentence, it can feel like the fight is over. Fortunately, that doesn’t have to be the case. In the State of Arizona, those convicted of a criminal offense are entitled to challenge the original verdict. Your appeals attorney will obtain all the records from the original court proceedings, combing each line for infringements on your rights. A review of court records can lead to a reduction of charges, a reduced sentence, a new trial, or a complete conviction reversal.

Appeals ARE:

  • Reviews of original court records
  • Searches for errors or omissions in the original court proceedings
  • Examinations of the original case to ensure the outcome observed your rights.
  • Your constitutional right

Appeals ARE NOT:

  • A time to call new witnesses
  • An opportunity to submit new evidence
  • A guarantee of favorable outcome
  • A new trial in and of themselves

The appellate court will only consider evidence included in the original court record: transcripts of the hearings and trial and motions filed by the lawyers. If your lawyer can detect any errors with the manner in which your case was originally handled, you may be able to appeal your verdict. Appeals have an incredibly short period for filing. Those wishing to appeal the verdicts handed down by Maricopa, Pima, Yuma, Pinal or other Arizona Superior Courts MUST file their appeal within 20 days of the original judgment and sentencing. If your conviction is from a city court or a justice court, that period is reduced to only 10 days. Don’t run out of time with your freedom at stake. Call Tait & Hall Attorney’s in Phoenix to discuss your appeal today.

What is a petition for post-conviction relief (PCR)?

A Petition for Post-Conviction Relief (PCR) is a request to the Superior Court to reverse a conviction. If the mistakes in your case are not apparent from the trial record, or if you accepted a plea offer instead of going to trial, you will need to file a Petition for Post-Conviction Relief rather than an Appeal. After a judge hands down a sentence, it can feel like the fight is over. Fortunately, that doesn’t have to be the case. In the State of Arizona, those convicted of a criminal offense are entitled to challenge the original verdict. Your appeals attorney will obtain all the records from the original court proceedings, combing each line for infringements on your rights. A review of court records can lead to a reduction of charges, a reduced sentence, a new trial, or a complete conviction reversal.

How do appeals and petitions for post conviction relief work?

The State prosecutes criminal charges vigorously. For appeals, the burden of action is on you. It is imperative appeals and PCRs are filed within the short limits set by the State of Arizona. Generally speaking, the right to file an Appeal expires 20 days after sentencing for any Superior Court case, and only 10 days after sentencing for any city court or justice court case. The deadline to file a PCR is 90 days after sentencing or within 30 days after an order or mandate by an appellate court. If you wait to file, you may lose your chance. First, a Notice of Appeal or a Petition for Post-Conviction Relief is filed outlining the claims that you wish to be reviewed by the appellate court. Then transcripts of the trial or any hearings in your case are prepared and obtained. Your lawyer will also obtain the original case file from your trial level attorney. With this information, a brief is filed on your behalf, outlining all of the arguments that support the reduction of your sentence or reversal of your conviction. The prosecutor is given an opportunity to respond and a reply to the prosecutor’s response may be permitted. The appellate court can then issue a decision on the briefs, or set the case for an oral argument or an evidentiary hearing. An attentive and skilled attorney can help ensure you don’t waive any arguments that may get your conviction reversed. Appeals and PCRs are legal proceedings. An application alone does not guarantee a different outcome. Increase the odds of success. Gain the advantage of an experienced Arizona appellate attorney on your side.
PERSONALINJURYATTORNEYPHX Law Firm
4455 E. Camelback Rd. Suite C250
Phoenix, AZ 85018
Mon - Fri 8:00 am - 5:00 pm
(480) 405-6767

Testimonials

WHAT OUR CLIENTS SAY

  • Arthur Hall used to be a former prosecutor before becoming a defense attorney. As soon as I learned that he was a prosecutor, I felt that I had an advantage not many other do. I feel that his past experience gave him knowledge of the law, but also a lot of confidence and rapport with the people who had the case against me and the judges. It was nice to feel confident in someone who had my freedom in his hands. He was aggressive with his negotiations because he knew based on my case and his prosecutorial experience what the best deal was that he could get. I highly recommend AJ to defend you.

    — A Satisfied Client

  • I will highly recommend Ryan to any one, personally I can say he is one of the best lawyers in AZ, he does his best to get the job done. He always demonstrated confidence which gave us peace of mind. He treats his clients with respect and he knows how to listen. Ryan did an excellent job in our case he persevered until the end. If you are looking for a lawyer that gets the job done and always willing to tell you the truth get Ryan.

    — Laura

  • I was charged with an Aggravated Assault based on a mistaken identification. It was terrifying dealing with the possibility of going to prison for something I didn’t do! The prosecutor refused to dismiss my case for a long time, but Ryan never gave up. He kept fighting with the prosecutor until eventually my case was dismissed and I was finally able to go back to living my life! I would totally recommend Ryan to anyone who is innocent of their charges.

    — A.G. Phoenix, AZ

  • We would like to write a review for Ryan Tait as we are extremely pleased with his very professional representation on our family case. Thank for always keeping us informed . We would definitely recommend him as he has all of the necessary knowledge and experience to be an outstanding legal adviser. Thank you for always.

    — Heidi

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personalinjuryattorneyphx Law is always available to help you with your legal questions.
The Attorneys at the Law Firm of Tait and Hall understand the formula for successful legal representation requires exceptional client service, professional dedication, and outstanding results.
PERSONALINJURYATTORNEYPHX Law Firm
4455 E. Camelback Rd. Suite C250
Phoenix, AZ 85018
Mon - Fri 8:00 am - 5:00 pm
(480) 405-6767
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