There is something known as a post-conviction relief proceeding that could help you or a family member if convicted of a crime. Basically, a person has the right to have his or her criminal conviction or sentence reviewed by a court to determine if any mistakes were made along the way. This is often referred to as a post-conviction proceeding or Rule 32 proceeding.
Become Familiar with Rule 32Post-conviction relief proceedings fall under Rule 32 of the Arizona Rules of Criminal Procedures. Even if you appealed a conviction after a trial and it was denied, you may still be able to pursue a Rule 32 proceeding. Keep in mind that direct appeals and Rule 32 proceedings are not the same thing.
There are some important issues that you need to be aware of regarding Rule 32:
- There are time limits. If you miss a deadline, you may forfeit your right to have the court review the conviction. It is therefore imperative that you talk with a Phoenix criminal lawyer right away.
- A post-conviction relief proceeding may reduce a sentence or correct errors. Many people make the mistake of believing that the proceeding is used to reduce a sentence only. The reality is that it is sometimes used to fix errors made by the trial court or at the time of sentencing.
- Hiring an attorney is highly advisable. Since there are many time limits regarding post-conviction proceedings and complex factors involved, it is in your best interest to work with an experienced Arizona criminal lawyer.
Make Sure You're InformedTo learn more about criminal law in our state, order our FREE book, Arizona Criminal Law: What You Must Know. It will guide you through the complex legal system, including what to expect before, during and after trial.
For advice about your specific case, contact one of our Phoenix criminal lawyers by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292).