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Rule 32

What are my Options After a Conviction?

Just because you have been convicted of a crime does not mean that you have lost your case entirely. There is a Post Conviction Issues/Appeals process that seeks to overturn your conviction or modify the terms of a sentence. If you have lost civil rights due to a conviction, such as the right to vote, these right can sometimes be restored. An experienced criminal defense attorney can appeal your case in order to seek a more favorable outcome.

Post Conviction Relief Arizona: Filing PCR Petitions:
If a Defendant feels that he had ineffective assistance of counsel (this usually occurs with public defender cases); newly discovered evidence has been found which supports his innocence; or there has been a substantive change in the law, then he can file a “Post Conviction Relief Petition” (PCR).


Read more on Post Conviction Relief in Arizona.

Appeals:
A Defendant has 14 days from the date of their sentencing to file a “Notice of Appeal”. Also filed along with that is a “Designation of Record”. This will designate all of the documents and court reporter transcripts which will be necessary for the appeal. The higher court then issues a “Briefing Schedule” which gives time limits on when the “Appellant’s Brief” is to be filed.


Read more on Appeals.

Habeas Corpus:
“Habeas Corpus” is a Latin term for “that you have the body”. A Writ of Habeas Corpus is a motion which is filed most frequently to ensure that a Defendant’s imprisonment or detention is not illegal. It is sometimes used to test the legalities of an arrest or a commitment.

Read more on Habeas Corpus.

Sentence Modifications:
A “Motion to Modify Sentence” or “Motion to Modify Probation” can be filed at any time after the original Sentencing has occurred. Sometimes this can be as simple as asking for monthly probation fee or restitution fee to be reduced due to the financial hardship on a Defendant. Other times, it can include the deferral or deletion of jail time which was scheduled to begin at a future date.

Read more on Sentence Modifications.

Petition for Early Termination of Probation:
It is possible to terminate the probation in many cases when the Defendant has served approximately 50% of his probation term. In some cases, this can be done at a much earlier date. In fact, we have had numerous cases where a person has been placed on “lifetime probation” and we have had them terminated at a much earlier date (in one case, after a mere year and a half (1.5 years) from the date of sentencing).

Read more on Petition for Early Termination of Probation.

Expungement / Restoration of Civil Rights:
In Arizona, there is no such thing as a “Expungement”. However, Arizona does provide for what is known as a “Judgment of Guilt Set Aside” and a “Restoration of Civil Rights”. In essence, if the Judge grants the Motion to Set Aside Judgment of Guilt, then a Defendant can tell people that he has not previously been convicted of a crime.


Read more on Expungement / Restoration of Civil Rights.

Arizona Rule 32:
Under rule 32 of the Arizona Rules of Criminal Procedure, an individual may appeal a conviction for one of three reasons: ineffective assistance of counsel, newly discovered evidence, or substantive change of law. Ineffective assistance of counsel refers to situations in which a defendant’s lawyer provided unprofessional or substandard representation that materially affected the outcome of the court proceedings. It is not enough to prove that a defendant received poor representation; you must also prove that the outcome of the case would have been better had you received more effective counsel.


Read more on Arizona Rule 32.

If there is an avenue for an Appeal of your case or a way to modify the terms of a conviction, the Cantor Criminal Defense Attorneys will find it and utilize it to your benefit.

The Cantor Arizona Defense Lawyers Team – BEYOND AGGRESSIVE!!!

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is an Arizona Defense Lawyer and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it’s lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Arizona Defense Lawyers know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.

The Criminal Defense Attorneys on the Cantor Team offer BEYOND AGGRESSIVE legal defense for Appeals and Post Conviction Relief issues in all courts in the Phoenix metro area, including Scottsdale, Mesa, Tempe, Glendale, Goodyear, Chandler, Gilbert, Fountain Hills, Buckeye, Avondale, Paradise Valley, Peoria, Surprise, Sun City, El Mirage and in all city, state and federal court jurisdictions throughout the State of Arizona.

Contact DM Cantor and speak to an Arizona Defense Lawyer about your case. We will assist you with your Post Conviction Issues.


Effective Assistance in Post-Conviction Appeal


Today David Michael Cantor a Phoenix Criminal Defense Attorney talks about a brief filed by the American Bar Association with the Supreme Court regarding ineffective council. This could dramatically effect how Post Conviction Relief is handled and help to reduce the time an innocent person spends in the justice system. In Arizona it is known as a Rule 32 Post Conviction Relief Petition.

Here is the story from the American Bar Association:
“A defendant’s fair trial right isn’t protected if he receives ineffective assistance of counsel at the trial stage and again at his first appellate opportunity to raise the claim, the ABA contends in an amicus brief filed with the U.S. Supreme Court.

The ABA filed the brief (PDF) in a Supreme Court appeal by Luis Mariano Martinez, who was convicted of sexual contact with a minor in Arizona. The brief cites the ABA Criminal Justice Standards, according to a press release.

“Many states, including Arizona, designate post-conviction proceedings as the preferred or mandatory forum for litigating an ineffective of assistance of trial claim … for the first time,” the ABA brief says. “The ABA respectfully asserts that counsel representing a defendant at that proceeding should provide the same quality of representation—that is, effective assistance of counsel—as is constitutionally required of counsel at trial.”

Martinez claims his trial lawyer failed to object to inaccurate testimony by a prosecution expert about the reasons for victim recantations. He claims his appellate lawyer filed a notice of post-conviction relief saying she could find no colorable claims, and she didn’t tell him about the filing or his need to file a pro se petition within 45 days.

SCOTUSblog has called the cert grant in Martinez v. Ryan “a big deal in habeas law.””


Post Conviction Relief Petition Arizona Rule 32

Arizona Rule 32

Arizona Criminal Attorney David Cantor discusses Post Conviction Relief Petition for Justification and recent changes to the Arizona Rule 32 Law. This is an important issue for anyone involved in a case where something like self defense was involved in a violent crime. In Arizona prior to 2006 is was the burden of the defendant to prove they had justification of self defense. After 2006 the burden was shifted to the state to prove that there was no justification for self defense.

If you or someone you know was convicted of a crime and justification was involved in the defense prior to 2006 and after 1997 then you should contact us immediately. Whether you are done with the sentence or still serving time we can work to either expunge your record, plea it down to a lesser charge, or some other option. Call us today at 602-307-0808 and let us take a look at your case to let you know if Arizona Rule 32 applies or if something can be done.


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