Ulises Ferragut Speaks on Rule 32 Post Conviction Relief in Arizona
Well in Arizona post-conviction relief, we call it rule 32 under the rules of criminal procedure, and basically what it is – after a person has been sentenced, they have a right to file for post-conviction relief – it is a form of an appeal although it is not officially an appeal. An appeal is a different process. In post-conviction relief, you have 90 days from the date of your sentence to file, and basically there are several things that you can allege in post-conviction relief.
The one that is most widely used is ineffective assistance of counsel. In other words your attorney who represented you during your case up to and through sentencing may have committed some sort of an error; may have done something to prejudice you and now you have an opportunity to file for relief. That relief can come in several ways; either a new sentence hearing where you are obviously trying to get a lesser sentence or to take the case back to pre-trial and start all over again.
So everyone that’s been sentenced, whether it was through a plea agreement or through a trial will be given a right to post-conviction relief and the court will inform them of their rights. Now if you took a plea agreement you don’t have a right to an appeal, but you do have a right to post-conviction relief, and the court will inform you at the time of sentencing that you have 90 days to file your notice of post-conviction relief.
You will also be handed paperwork and what I tell clients is – if you want to file, your attorney should file the notice for you. If you can’t afford an attorney to represent you on post-conviction relief, one can be appointed to you by the court, or you can hire your own attorney to do so.
If you are looking to file a post-conviction relief and especially if you are claiming that your lawyer was ineffective, you are going to want to hire a new attorney because you are not to want to use obviously the same attorney that you felt was ineffective to represent you on post-conviction relief. In fact the attorney may not be able to represent you because it would be a conflict for them to do so, so you are going to want to hire a new attorney. Here at the law firm we specialize in post-conviction relief. I’ve been doing them for approximately 20 years now and have had tremendous success.
I always want to be upfront and honest with potential clients and clients regarding post-conviction relief. It is a difficult process. Post-conviction relief is not liberally granted. They are difficult to be granted. Courts normally will not grant post-conviction relief simply because you file a request. You have to really show the court that you’ve been prejudiced or you have to show the court for example that there is new evidence, evidence that wasn’t available before, to grant you relief, or you have to show a due process violation or actual innocence.
Now, you may be a person that has one of these claims but I always tell people it is a difficult process. But we’ve had great success in doing so. We handle all kinds of cases – small cases, large cases. Yes I’ve been fortunate enough to handle many high-profile cases here in Arizona, but I treat all my clients the same. I show them all the same attention and dedication and work hard for all of them. It doesn’t matter if you have a small criminal case or a large criminal case. I will work hard for you.
If you have been convicted of a crime here in Arizona and you feel that you want to file for post-conviction relief, please contact us at the Ferragut Law Firm 602-324-5300. We were here to help you to make sure your rights are protected.
Here is more information and the forms regarding Rule 32 Post Conviction Relief in Arizona.
Rule 32 Post Conviction Relief in Arizona Conclusion:
It is extremely important to have a thorough analysis performed on your case for potential post conviction relief claims. Only a qualified attorney has the experience and resources to perform such work. Only one PCR is permitted (for those sentenced after September 29, 1992), and — for all persons filing PCR Petitions — once an issued is briefed in a Petition, it is precluded from being raised in any subsequent petition. Getting it right the first time is important!
Our firm has successfully represented many clients in Rule 32 Post Conviction Relief in Arizona matters. In one case, for example, the Court found that the Defendant’s trial attorney was ineffective, his 20 year prison conviction was overturned, and he was released from prison on his own recognizance after 5 years of incarceration. On May 12, 2006, the Arizona Court of Appeals/Division Two rejected the State’s appeal of the trial court’s grant of post-conviction relief. All of the appellate work was performed by this firm.
Call us today for any questions you might have regarding Rule 32 Post Conviction Relief in Arizona. We are here to help.
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