Here is what to do after conviction That is a good question if you are Discovering that you have been convicted of a crime in Arizona can be both overwhelming and frustrating. In many cases, individuals have chosen to focus on working towards a positive outcome and may not have even visualized what life would look like in the aftermath of a conviction. If this applies to you, you may still have reason to consult with a criminal defense attorney about the next steps.
Understanding a Conviction
Even if you have been convicted of a crime, this does not mean that you have completely lost your case. There is a process of appeals that you can initiate after a conviction. If you choose to pursue this route, it is always a good thing if you have established a solid relationship with your Mesa criminal defense attorney. Also, the time to file an appeal or other post-conviction relief begins to run when the judgment is entered. For example, a notice of appeal must be filed within 14 days of the conviction. As a result, it is imperative to speak with and hire and attorney prior to the expiration of the time limitations.
If you choose to pursue the appeals process, you may be able to have the terms of your sentence modified or you might be looking for the conviction to be overturned entirely. If you lost your civil rights as a result of your conviction, such as the right to vote, you may be able to get these rights restored. A knowledgeable criminal defense lawyer can help you understand your next steps if you want to attempt overturning the conviction.
PCR Petitions: What You Need to Know
If you feel that your initial counsel was not effective, such as situations where a public defender was appointed, you may wish to file a post-conviction relief petition. This might also apply to your case if newly discovered evidence has emerged that supports your claim of innocence or if there has been a major change in the law since your conviction.
You do have the right to file for an appeal on your case if you have been convicted, but you should know that you need to act swiftly in order for your appeal to be valid. Your attorney can help you with this process and it is strongly recommended that you discuss your request for an appeal with your legal counsel immediately. You will need to file a Notice of Appeal and a Designation of Record (which officially signals the need for all documents and transcripts necessary for the appeal).
Modifying a Sentence
After your initial sentencing has occurred, your attorney could also elect to file a Motion to Modify Sentence or a Motion to Modify Probation. What this looks like can vary based on the circumstances of your case.
Petition for Early Probation Termination
If you have served a substantial portion of your probation term, you may be eligible for termination of this requirement. Sometimes, this can even be done earlier. If you would like to pursue this route you do not need to discuss it with your attorney immediately, but it can be still be beneficial to consult with him or her shortly after your conviction so that you are clear on all your options. This way you can make an informed decision about your next steps.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.