In some cases, errors are made in court proceedings and an appeal may be necessary to correct the mistakes. Thrasher Law PLLC can also file a post-conviction relief petition if you believe that you were convicted unjustly. If successful, an appeal or post-conviction relief may lead to a new trial or the reversal of your conviction.
Thrasher Law PLLC is an experienced appellate law firm that handles cases in Arizona and around the country. We have a proven track record of reversing convictions and obtaining relief for our clients. If you are filing an appeal or post-conviction relief, it’s important to have an experienced attorney on your side. We will fight tirelessly to get you the outcome you deserve.
Contact us today for a free consultation. The firm's attorneys will review your case and advise you of your best options moving forward. Contact Thrasher Law PLLC today for a free consultation.
In the United States, we are afforded certain rights and protections under the Constitution. One of these is the right to an appeal. This means that if you are convicted of a crime or face other legal proceedings, you have the right to challenge the decision in a higher court if you have been wrongfully convicted or if you believe you did not receive a fair trial.
If you've been convicted of a crime in Arizona, you have the right to appeal your conviction. However, it's important to understand that an appeal is not a new trial. That means you won't get the chance to submit new evidence or call new witnesses. An appeal is a legal process in which a case is brought before a higher court for review. The higher court may affirm the decision of the lower court, reverse it, or remand the case back to the lower court for further proceedings. There is no guarantee that your conviction will be overturned.
To begin the appeals process, the team at Thrasher Law PLLC carefully reviews the transcript from the original proceedings and looks for any errors that may have occurred, particularly errors that might constitute an infringement on your rights. If an error is found, the Thrasher team will work tirelessly to get the decision reversed on appeal.
The filing period for appeals in Arizona is very short and you only have ten (10) days to file an appeal after a conviction in a justice court or city court. In addition, if you have been convicted in an Arizona Superior Court, you have only twenty (20) days to file an appeal after the verdict is handed down. Appeals are complex legal proceedings, and it's best to have an experienced criminal defense attorney on your side. At Thrasher Law PLLC, we understand the ins and outs of the appeals process and we'll fight tirelessly to get you the best possible outcome.
We are a full-service law firm that can handle all aspects of an appeal, from initial filing to final argument. Our attorneys are well-versed in all aspects of the appeals process and are familiar with the rules and procedures governing appeals in Arizona. If you have been convicted of a crime or are facing other legal proceedings, Thrasher Law PLLC can help you navigate the appeals process and achieve the best possible outcome for your case.
In Arizona, you have the right to file a post-conviction relief (PCR) petition if you believe that your constitutional rights were violated during your criminal case. The PCR process can be used to overturn a conviction or sentence, or to obtain a new trial.
Thrasher Law PLLC, an Arizona-based criminal defense law firm, can help you file for post-conviction relief (PCR) if any errors that occurred in your original trial are not shown on the face of the court documents or if you didn't go to trial because you came to a plea offer agreement.
To succeed on a PCR claim, you must show that your constitutional rights were violated and that this violation resulted in prejudice. Prejudice means that you would not have been convicted or sentenced if your constitutional rights had not been violated.
The deadline to file a PCR can vary depending on the court in which the case was tried and the nature of the appellate decision. However, in general, a PCR must be filed within 90 days of sentencing or within 30 days of an appellate court order. In some instances, a PCR may be filed after the deadline if the defendant can show that they were unable to file in a timely manner due to extraordinary circumstances.
The team at Thrasher Law PLLC has successfully obtained relief for their clients through the PCR process. If you have been convicted of a crime, contact us today to see if we can help you.
When you are convicted of a crime, the court imposes a sentence that it believes is appropriate. If you believe that your sentence is too harsh or that you were wrongly convicted, you may be able to file an appeal or petition for post-conviction relief.
An appeal is when a person takes their case to a higher court to have their original conviction overturned. A petition for post-conviction relief is when a person asks the court to change or set aside their conviction after it has already been finalized.
Each state has its own procedures for how these appeals and petitions are filed and processed, so it is important to speak with an attorney who is familiar with your state's laws if you are considering filing one.
In Arizona, appeals and PCRs must be filed before the strict deadlines set by the state. Failing to do so means that you may lose your chance to have your conviction overturned.
When filing an appeal or a PCR, it’s important to include a detailed description of the claims you are making. This will help the appellate court understand the grounds for your appeal or petition and make a decision on whether or not to grant it. This should be accompanied by any evidence or documentation that supports your case.
Transcripts of a trial or any hearings in a criminal case are vital pieces of evidence that can help prove your innocence or guilt. They can be used to support your appeal or petition for post-conviction relief, or simply to understand what happened during the proceedings. Most states have specific procedures for obtaining transcripts. In Arizona, for example, you must file a motion with the court to obtain the transcripts. The motion must include the names of all parties involved in the case, as well as the name and address of each witness. You must also state why you need the transcripts and how they will be used in your case.
An appellate brief is a document filed with the appeals court by your attorney which outlines the arguments which you say provide support for a sentence reduction or conviction reversal. The brief must include citations to any case law or statutes that support your argument. It’s important to provide as much evidence as possible to back up your claims.
Your attorney will draft and file your appellate brief and will represent you at oral argument before the appeals court if necessary.
When a person files an appeal or petition for post-conviction relief, the prosecutor is allowed to respond. They will typically argue that the original conviction should stand, and may provide evidence or arguments to support their claim. If the person filing the appeal or petition feels that the response from the prosecutor is inadequate, they may be allowed to file a reply. This is a document that responds to the prosecutor’s arguments and provides further evidence or arguments in support of your case. It is important to remember that while you have the right to file a reply, the appellate court is not obligated to consider it.
In some instances, the appellate court may make a decision based solely on the evidentiary briefs that have been submitted by the parties. In other instances, the court may schedule an evidentiary hearing or oral argument. The appellate court may also request additional briefing from the parties.