Yes. A DUI conviction can be challenged on direct appeal, Rule 32 post-conviction relief, or a new trial motion if the record shows legal error or new evidence. Under A.R.S. § 28-1381(A)(1) and (A)(2), Arizona DUI is charged for impairment or 0.08 BAC, while extreme DUI under § 28-1382 begins at 0.15, and super extreme at 0.20. First-offense minimums can include 10 days in jail, 9 consecutive, fines and assessments over $1,600, and a 90-day license suspension, plus court-ordered ignition interlock for 12 months afterward, typically. A second DUI can mean 90 days in jail and much higher penalties. Timing is critical, so contact an Phoenix criminal defense lawyer immediately and review A.R.S. § 13-4231.
Can a wrongful conviction be overturned in Arizona?
Yes, a wrongful conviction can be overturned in Arizona if the defendant shows legal error, constitutional error, or new evidence that undermines the verdict. The main paths are a direct appeal under A.R.S. §§ 13-4031 to 13-4033, post-conviction relief under A.R.S. § 13-4231, and, in some cases, DNA-related relief under A.R.S. § 13-4240.
The first step is to identify what went wrong, because appeals focus on the trial record while post-conviction relief can raise issues outside the record. A lawyer can review whether police, prosecutors, or the court made errors that affected the outcome and whether the conviction can still be challenged under Arizona law.
What are appeals and post-conviction relief in Arizona?
An appeal in Arizona asks a higher court to review legal errors made in the trial court, while post-conviction relief is a separate process that can raise claims such as newly discovered evidence, ineffective assistance, or constitutional violations. Arizona criminal appeals are governed by A.R.S. §§ 13-4031 to 13-4033, and post-conviction relief is authorized by A.R.S. § 13-4231.
Appeals usually rely on the transcript and exhibits already in the record. Post-conviction relief can be broader, but it has strict filing rules and deadlines. If the court denies relief, the defendant may sometimes seek review by a higher court, depending on the claim and procedural posture of the case.
How does new evidence reopen a case?
New evidence can reopen an Arizona case when it is material, probably would have changed the verdict, and was not reasonably available at trial. A.R.S. § 13-4231 allows post-conviction claims based on newly discovered material facts, and A.R.S. § 13-4240 provides a path for DNA testing in qualifying cases.
Examples can include recanting witnesses, suppressed records, forensic flaws, or evidence that another person committed the crime. The court will look at whether the evidence is credible, whether the defense could have found it earlier, and whether it creates a real probability of a different result.
How do criminal cases play out in local Arizona courts?
Arizona criminal cases usually start in municipal, justice, or superior court, then move through motions, trial, sentencing, and possible appeal. In Maricopa County, many cases are heard near the firm’s clients in Mesa, Scottsdale, and Glendale, depending on the charge and arrest location.
Oliverson Law has offices in Tempe, Gilbert, Phoenix, and Kingman, and represents clients in the courts near each office. Local procedure matters because deadlines, judges, and filing practices can differ from court to court, even when the same Arizona statutes apply.
When should you call an Arizona criminal defense lawyer?
You should call an Arizona criminal defense lawyer immediately if you want help to overturn wrongful conviction Arizona cases, because filing deadlines and evidence preservation issues can decide the outcome. Oliverson Law handles wrongful-conviction review, DUI defense, drug crime defense, and assault defense.
Fast action can protect transcripts, witnesses, lab work, phone data, and surveillance footage before they disappear. If your case also involves domestic violence or weapons allegations, the firm can review those charges too with domestic violence defense and weapons charges defense.
What are the key Arizona courts and agencies to know?
The key Arizona courts and agencies include the Arizona Supreme Court, the Arizona Court of Appeals, the Arizona Superior Court in each county, the Arizona Department of Public Safety, and the county prosecutor’s office, because those entities often shape review, records, and relief. For statute research, start with A.R.S. § 13-4231.
For court information and forms, use Arizona Courts. For attorney regulation and lawyer lookup, use State Bar of Arizona. If a conviction may be wrong, a lawyer can also coordinate with the courts while reviewing the case under Arizona criminal defense law.
Frequently Asked Questions
In many criminal cases, the notice of appeal must be filed within 20 days after entry of judgment and sentence under Arizona appellate procedure. Deadlines can vary by case type and issue, so the safest move is to have a lawyer review the file immediately.
Yes. Arizona post-conviction relief may still be available under A.R.S. § 13-4231, depending on the claim. New evidence, constitutional error, and other listed grounds may allow review even after a direct appeal deadline has passed.
Newly discovered evidence is evidence that was not reasonably available at trial and that could have changed the result. Examples can include DNA results, witness recantations, or records that were previously hidden or unavailable.
No. DNA testing can support relief, but it does not automatically overturn a conviction. The court still looks at whether the results are material enough to create a reasonable probability of a different outcome under Arizona law.
Not necessarily. A new lawyer can provide a fresh review of the record, spot missed issues, and evaluate whether appeal or post-conviction relief is still available. The key is to act before deadlines and evidence opportunities are lost.
If you think you were wrongfully convicted, do not wait for deadlines to run. Call Oliverson Law now for a focused case review and immediate next-step guidance.
