Post-Conviction relief is one of two avenues for appellate relief that a person facing criminal charges has from the decisions of a court. Post-Conviction Relief, often referred to as Rule 32 of the Arizona Rules of Criminal Procedure, is the only avenue of review for those that have been convicted by way of a plea agreement. Post-Conviction Relief is also the only way to claim ineffective assistance of counsel against an attorney who represented you, whether it be in a plea, a trial, or an appeal.
Post-Conviction Relief is limited to very specific grounds that can be raised, pursuant to Arizona Rule of Criminal Procedure 32.1. Those grounds are:
If you are applying for post-conviction relief the Court can preclude you from relief on any ground:
Post-Conviction Relief requires stringent adherence to a strict timeline. In all non-capital cases, a notice of post-conviction relief must be filed no later than 90 days after the entry of judgment and sentence or no later than 30 days after the issuance of an order and mandate in a direct appeal, whichever is later.
Failing to follow the timeline, absent good grounds for late post-conviction relief, can lead to the preclusion of otherwise valid claims that would have potentially led to a conviction or sentence being overturned.
In order to have your case reviewed in a federal court, you must exhaust all avenues for review in the State courts. This means that you must complete a petition for post-conviction review in your case.
If you or a family member have been convicted of an offense it is always worth having another set of eyes review the proceedings. An experienced Phoenix criminal defense attorney that is knowledgeable in post-conviction relief proceedings can help you determine if post-conviction relief is appropriate for you or your loved one. The attorneys at AZ Defenders have decades of criminal defense experience and offer free consultations to help you make the right choice for your case. Call today 480-456-6400 or contact us online to schedule your free consultation.