ARIZONA APPEALS ATTORNEY
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Arizona Appeals Attorney – If you are thinking about an appeal, things unfortunately didn’t go as you had hoped. However, rest assured there may be relief on appeal. A qualified and experienced appellate lawyer may be able to either get a conviction set aside resulting in a new trial or to secure a new sentencing hearing. In some cases, an appeal could result in a dismissal of all charges.
Generally speaking, there are two main avenues of approach to challenge what happened at the trial level. The first is exercising the constitutional right of appellate review. Unless this constitutional right to appeal is knowingly, voluntarily and intelligently waived, all criminal defendants have the right to ask a higher “appellate” court to review what occurred at the trial level.
After a trial, common errors raised at the appellate court could include jury selection issues, jury instruction issues, juror misconduct, evidentiary issues involving the admission or exclusion of relevant evidence, prosecutorial misconduct, erroneous judicial decisions, failure to suppress unconstitutionally obtained evidence, or erroneous sentencing decisions. The law firm of Marc J. Victor, P.C. has extensive experience with all these issues.
Before appellate issues can be raised, a notice of appeal must be timely filed. After the notice of appeal is filed, a properly written and persuasive appellate brief must be filed. Often such issues will need to be effectively argued at the appellate court. The attorneys at the law firm of Marc J. Victor, P.C. have extensive experience in all aspects of appellate litigation and have repeatedly achieved successful results for our clients.
In cases where a defendant entered a plea to a judge rather than proceeding with a trial, the right to appeal is usually waived as a term of the plea agreement. However, post-conviction relief, also known as Rule 32 in the state court, may still be possible. The waiver of appeal, if valid, does not generally waive all appellate rights. As such, there may still exist several possible grounds to attack either the judgment or the sentence in a Rule 32 post-conviction relief proceeding. Common issues raised in a post-conviction relief proceeding include ineffective assistance of counsel, newly discovered evidence, modification of then existing law or even actual innocence.
Rule 32 post-conviction relief proceedings or federal 2255 post-conviction relief proceedings are initially brought before the sentencing judge. These types of post-conviction actions can be advantageous because the sentencing judge can hold an evidentiary hearing to develop the record. Even if the sentencing judge denies the Rule 32 post-conviction relief proceeding or the federal 2255 post-conviction relief proceeding, that denial can be appealed to the appellate court for review.
The law firm of Marc J. Victor, P.C. has represented hundreds of clients in state and federal appellate matters as well as state and federal post-conviction proceeding matters. We have experience successfully arguing federal appeals at the 9th Circuit Court of Appeals in San Francisco. We bring the same zealous advocacy and commitment to excellence to our appellate practice that we have always offered at the trial level. We would be happy to consult with you regarding a possible appeal or post-conviction matter.