Post Verdict Representation
POST VERDICT REPRESENTATION
Appeals and Post-Conviction Relief
Once the Arizona Superior Court has criminally sentenced you, you may seek relief either through filing an appeal or filing for post-conviction relief.
In general, if you were sentenced through a trial, you have a right to an appeal but must file within 20 days of sentencing. If you were sentenced through a plea agreement, you have a right to post-conviction relief within 90 days of sentencing.
Contact an experienced attorney right away to assist you through the appeals process to ensure that your rights to relief are preserved before the statutory period expires.
Unfortunately, mental illness and its role in the charged crime are not adequately addressed and may be grounds for relief. Bernardo Garcia has the experience and knowledge of advocating for those with mental illness and explaining the mental illness’s role in the offense to advocate for a just punishment. Mr. Garcia believes that all circumstances surrounding a defendant’s behavior, including the inability to have full control over their mental facilities, should be considered in resolving a case.
Bernardo Garcia is a seasoned attorney with the experience and understanding necessary to discover and present all possible arguments for post-conviction relief and provide you with the best chance of obtaining the just outcome.
If you or a loved one wants to seek an appeal or post-conviction relief, contact Bernardo Garcia to determine if you are eligible for relief and how he can assist you in proceeding quickly to reserve the right to review.
Which Post-Conviction Right to Relief am I Eligible for?
You have the right to an appeal from:
- A final judgment of conviction (found guilty in a trial and subsequently sentenced)
- An order denying a motion for a new trial
- A sentence that is illegal or excessive
You have the right to post-conviction relief if:
- You entered a plea of guilty or no contest
- Admitted a violation of conditions of probation or had an automatic probation violation based on a plea of guilty or no contest
- You failed to appear at sentencing, resulting in sentencing occurring over 90 days after the verdict of guilt.
Right to Appeal
An appeal from the Arizona Superior Court is asking a higher court – the Arizona Court of Appeals – to review the decision of the Superior Court and reverse the conviction or modify the judgment. The right to an appeal is not absolute upon a finding of guilt, an error that violated your right to a fair trial, or unfairly prejudiced the case against you.
You must file a Notice of Appeal within 20 days after your Arizona Superior Court sentence or lose your right to appeal.
Bernardo Garcia will dedicate the time and attention to reviewing the record of your trial to determine if one or more legal errors occurred. If a legal error has occurred, Bernardo Garcia will attack your conviction through an appeal. Bernardo Garcia will identify and highlight critical issues that prejudiced the convicted individual. A successful appeal can result in the reversal of conviction, suppression of evidence, a reduction in punishment, or the granting of a new trial.
Right to Post-Conviction Relief
If you did not file, or if you did not have the right to file, a Notice of Appeal, you must file a Notice of Post-Conviction Relief within 90 days of sentencing, or you may lose your right to post-conviction relief.
Post-conviction relief is a complex process and not liberally granted. Certain claims to relief are barred from being brought once you have filed your first petition for post-conviction relief or appeal. It is pertinent to hire an experienced attorney to assist you in the process and evaluate your claim. Contact Bernardo Garcia for a free 30-minute consultation.
In Arizona, post-conviction relief is divided into two categories: (1) post-conviction relief for defendants sentenced following a trial or a contested probation violation hearing; and (2) post-conviction relief for defendants who pled guilty or no contest, who admitted a probation violation, or who had an automatic probation violation. Each category has its own set of procedures and rules. A Petition for Post-Conviction may result in overturning a conviction resulting in early release or dismissal of the case.
An experienced attorney can help guide you through this process to ensure your claims are preserved, and your rights are protected. Bernardo Garcia understands the grounds for relief and has the seasoned skill set to identify the grounds and effectively present them in an effective argument to the Court.