When a person is unfairly convicted as a result of an error committed by the court, the prosecutor, or even their own lawyer, they have the right to introduce further evidence or raise other problems after their conviction. However, in order to completely demonstrate that an error occurred, they will need to retain the services of an experienced attorney.
If you believe you were wrongfully convicted or sentenced, a relief lawyer at Oliverson Law DUI & Criminal Defense may be able to file a petition to raise a colorable claim that the outcome of your case would have been different if handled appropriately. Speak with a legal specialist at Oliverson Law DUI & Criminal Defense today to set up a consultation about your situation. Click: https://oliversonlaw.com/contact-us/.
Understandingpost-conviction relief
Colorable claims that can be submitted in a petition to be heard by the court are listed in Arizona Criminal Procedure Rule 32, which relates to jury verdicts, and Rule 33, which refers to plea agreements. Here are a few examples:
Ineffective representation of counsel, which violates your constitutional rights in the United States and Arizona
An illegal sentence occurs when a person is sentenced erroneously or is not given enough credit for time served as part of their sentence
New evidence, such as DNA evidence or a new witness that was not discovered at trial, despite the defense attorney’s due diligence
Important legal changes, for example, after the first hanging at Florence Prison in 1910, Arizona has suspended and renewed death penalty laws. An attorney familiar with post-conviction relief could sit down with you to determine if you have a colorable claim in the local area.
Acquiring post-conviction relief: The process
When the time comes to ask the court to examine cases in which defendants are found guilty, there is a specific system in place. First, a Notice of Request for Post-Conviction Relief must be filed, followed by a Petition for Post-Conviction Relief.
Request for Post-Conviction Relief
If your colorable claim is based on a violation of the Arizona or United States Constitutions, you must file your Notice Requesting Post-Conviction Relief within 90 days of your sentencing or 30 days after the appellate court dismisses a direct appeal. Ineffective assistance of counsel is a form of constitutional violation. For example, if trial counsel ignored evidence that would help a defendant, neglected to appear in court, or failed to keep a defendant informed of their choices.
For all other colorable claims, the notice should be filed within a reasonable time of discovering the existence of a claim. If you fail to file your notice within the time limit and it was not your fault, the court may accept your notice if you have a good justification for the delay. The notice informs the court of who you are, what your sentence was, and what your colorable claim or claims are under Rule 32 or 33.
Arizona law specifies the situations under which you may be able to rectify a wrong committed when you were sentenced or convicted of a crime. Your conviction could be unconstitutional, or new evidence could absolve you.
You will need help presenting your petition to the court. The post-conviction relief lawyers at Oliverson Law DUI & Criminal Defense are waiting to hear from you to discuss your case. Contact us now at (480) 582-3637 for a free consultation!
Understanding Arizona’s Top Criminal Defense and DUI Law Firm, Oliverson Law DUI & Criminal DefenseAre you facing criminal defense challenges and wondering which law firm fits your needs? This post examines Arizona's top criminal...
An aggressive attorney plays a critical role in defending clients in domestic violence cases. They strive for justice while ensuring the best possible outcomes.
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Can I get a free consultation with a criminal defense lawyer near me?
You can get a free consultation with a criminal defense lawyer near you. Many law firms, including Oliverson Law, offer complimentary consultations to discuss your case and outline potential legal options.
What is the role of a criminal defense lawyer near me?
The role of a criminal defense lawyer near you is to provide legal representation and guidance for individuals facing criminal charges, ensuring their rights are protected, advocating for favorable outcomes, and navigating the complexities of the legal system.
What are the benefits of hiring a local DUI defense lawyer?
The benefits of hiring a local DUI defense lawyer include their in-depth knowledge of Arizona laws, familiarity with local courts and judges, and the ability to build a tailored defense strategy based on the specifics of your case.
What are the qualities of a good criminal defense lawyer near me?
The qualities of a good criminal defense lawyer near you include extensive legal experience, a strong understanding of local laws, excellent communication skills, a proven track record of successful outcomes, and a commitment to protecting clients' rights and interests.
How do I find a DUI defense lawyer near my location?
To find a DUI defense lawyer near your location, search online legal directories, check local bar association referrals, or look for client reviews on law firm websites. Additionally, consider reaching out to friends or family for recommendations.
How do I find a good criminal defense lawyer near me?
Finding a good criminal defense lawyer near you involves researching local attorneys, checking reviews and testimonials, and evaluating their experience with specific criminal charges. Schedule consultations to assess their approach and expertise.
How do I choose the best criminal defense lawyer near me?
Choosing the best criminal defense lawyer near you involves researching their experience, specialization in criminal law, client reviews, and success rates in similar cases. Schedule consultations to assess their communication style and approach to your specific legal needs.
Do I need a DUI defense lawyer for a first-time offense?
The necessity of a DUI defense lawyer for a first-time offense is essential. An experienced attorney can navigate the legal system, advocate for your rights, and potentially mitigate consequences, ensuring the best outcome for your situation.
Can a DUI defense lawyer help me keep my license?
A DUI defense lawyer can assist you in retaining your license. They can navigate the legal process, challenge evidence, and potentially negotiate alternatives to suspension, helping protect your driving privileges.
What are the benefits of hiring a criminal defense lawyer?
The benefits of hiring a criminal defense lawyer are substantial, as they provide expert legal representation, navigate the complexities of the justice system, and work to secure the best possible outcomes for your case, safeguarding your rights throughout the process.
What is the role of a criminal defense lawyer in court?
The role of a criminal defense lawyer in court is to represent and advocate for individuals accused of crimes, ensuring their legal rights are protected, presenting evidence, negotiating plea deals, and striving for the best possible outcome in their cases.
Can a criminal defense lawyer help with plea bargaining?
A criminal defense lawyer can significantly assist with plea bargaining. They leverage their legal expertise to negotiate favorable terms and ensure that clients understand the implications, ultimately striving for the best possible outcome in their case.
What are the qualities of a successful criminal defense lawyer?
The qualities of a successful criminal defense lawyer include strong analytical skills, effective communication, a deep understanding of the law, and a commitment to client advocacy. These traits enable them to formulate effective defense strategies and achieve optimal outcomes for their clients.
What are the benefits of hiring a local criminal defense lawyer near me?
The benefits of hiring a local criminal defense lawyer include their in-depth knowledge of local laws and court procedures, which can significantly influence case outcomes. They also have established relationships with local judges and prosecutors, potentially aiding in more favorable negotiations.
What can I expect during my consultation?
During your consultation, you can expect a thorough discussion of your case, where our experienced attorneys will assess the details of your situation, answer your questions, and outline potential strategies to achieve the best outcome for you.
How long does a DUI case take?
The duration of a DUI case can vary significantly based on factors such as the complexity of the case and court schedules, but generally, it can take anywhere from a few months to over a year to resolve.
What should I prepare for my consultation?
Preparing for your consultation involves gathering relevant documents, such as any police reports, court documents, and a list of questions or concerns you wish to address. This will help ensure a productive discussion about your case.
What is the process for hiring a lawyer?
The process for hiring a lawyer involves researching potential candidates, arranging consultations to discuss your case, evaluating their experience and approach, and finally signing a retainer agreement to secure their representation.
What strategies do lawyers use for DUI cases?
Lawyers use various strategies for DUI cases, including challenging the legality of the traffic stop, questioning evidence reliability, negotiating plea deals, and leveraging expert testimonials to create reasonable doubt about the client’s impairment.
How often should I communicate with my lawyer?
The frequency of communication with your lawyer should be based on your case's complexity and development. It's essential to maintain regular updates, typically checking in at least once a week or as significant events arise.
What types of charges can a lawyer contest?
Lawyers can contest a wide range of criminal charges, including DUI offenses, drug crimes, assault, theft, domestic violence, and more. Each case varies based on specifics, allowing for strategic defense approaches tailored to the situation.
Are there payment options for legal services?
Payment options for legal services are available at Oliverson Law. We offer flexible plans to accommodate various financial situations, ensuring you receive the quality defense you need without added stress.
How do I know if a lawyer is qualified?
Determining if a lawyer is qualified involves checking their education, experience in specific legal areas, licenses, and any relevant accolades or certifications. Additionally, reading client reviews and testimonials can provide insight into their effectiveness and reputation.
What happens if I cant afford a lawyer?
If you can't afford a lawyer, you may be eligible for legal aid services or public defenders that provide representation at little or no cost. It’s important to seek assistance promptly to ensure your rights are protected.
How does a lawyer build a defense strategy?
A lawyer builds a defense strategy by thoroughly investigating the case, analyzing evidence, identifying legal precedents, and considering client interests to construct a tailored approach that aims for the best possible outcome in court.
What should I look for in a defense attorney?
What to look for in a defense attorney includes their experience in criminal law, successful case history, communication skills, and a strong reputation. Ensure they understand your specific needs and provide personalized attention throughout your case.
Can previous convictions affect my case outcome?
Previous convictions can significantly affect your case outcome. They may lead to harsher penalties, affect plea negotiations, and influence a judge's or jury's perception during trial. It's essential to discuss your specific situation with an experienced attorney.
What are common defenses against DUI charges?
Common defenses against DUI charges include challenging the legality of the traffic stop, questioning the accuracy of breathalyzer or field sobriety tests, and arguing diminished capacity due to medical conditions or medications.
How do local laws impact my defense?
Local laws significantly impact your defense strategy. Each jurisdiction has unique regulations and penalties, which can influence case outcomes, available defenses, and plea negotiations. Understanding these local nuances is crucial for effective representation and achieving the best results.
What happens if I lose my case?
If you lose your case, the consequences can vary depending on the charges, but you may face penalties such as fines, probation, or imprisonment. It's essential to discuss your options with your attorney for possible appeals or alternative solutions.
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