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/.
Understanding post-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!
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