DUI Law | What Is A Post Conviction Appeal?
Even if a person is convicted of a criminal offense, there are still avenues to possibly appeal the conviction and/or sentence. Every criminal defendant in Arizona has the right to appeal their conviction because it is a constitutional right. An appeal is meant to identify and correct errors that took place during the trial. A person is entitled to relief on appeal regardless of who committed the error. The purpose of an appeal is to ensure that no errors were made during the defendant’s trial process.
Because of the consequences of a conviction, appeals can drastically help restore or reverse some of the side effects of an offense. These outcomes can include reversing a potential conviction, penalties and helping restore your record for living or employment opportunities.
Appeal avenues:
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A direct appeal to a higher court challenging a verdict, court ruling, or other error committed in your case;
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A Rule 32 petition for post-conviction relief that includes ineffective assistance of counsel claims;
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Habeas corpus petitions;
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Motion to set aside a conviction or sentence;
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Motion to restore your civil rights.
While these are the primary avenues to take in a conviction appeal situation, there may be other situational factors that can play into an appeal.
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