The Criminal Appeals Process
In a criminal appeal, if you are unsatisfied with the result of your case, you can request a higher court to review the outcome and the procedures used in making the determination. Skilled Tucson appellate lawyers understand the procedures that must be followed to properly file your appeal. The rules must adhered to or your request can be denied.
Who can appeal?
If you are convicted of a felony, you have the right to appeal. Cases that result in a sentence of death have an automatic appeal filed on behalf of the defendant. Appeals are generally made on the papers.
Avenues of appeal
In Arizona, convicted criminals have three types of appeal available.
Direct appeal – A direct appeal must be filed within 20 days of sentencing. A panel of judges considers the briefs and may ask for an Oral Argument. The court may affirm, modify or reverse the decision of the original court.
Post-Conviction Relief Petition (PCR) – An aggrieved defendant can file a PCR with the court of original jurisdiction and seek to overturn a conviction. Arguments by both sides are presented in writing and there may be an Oral Argument. It can take more than a year to have a PCR decision.
Petition for Writ of Habeas Corpus – This type of petition is only filed after all attempts to appeal at the state level have been made.
An experienced attorney at Heurlin Sherlock is available to discuss the options that may be available to you to appeal your conviction.