A Tempe Criminal Lawyer Explains Arizona Rule 32
If you or a loved one has been convicted of a crime in Phoenix and sentenced to prison time, you may be curious about Arizona Rule 32 for post-conviction relief (PCR). Rule 32 may allow for review of your Phoenix criminal conviction, including any mistakes that were made in the original court process and any new evidence. Arizona Rule 32 is not the same thing as an appeal; it is considered separate from the appeals process. In fact, you may be able to petition for Rule 32 proceedings even if you applied for an appeal that was denied.
What is Arizona Rule 32?
According to Arizona law, Rule 32 may be used to reduce a sentence or fix errors involved with the sentencing or trial. You may be able to petition under Rule 32 if:
- Your conviction or sentence is in violation of the Constitution of the United States or the State of Arizona.
- The court was without jurisdiction to render judgment or impose a sentence.
- The sentence imposed exceeds the maximum allowed by law.
- You are held in custody after the sentence has expired.
- Newly discovered material facts or evidence exists, and those facts probably would have changed the verdict or sentence in your case.
- You failed to appeal, and that failure was not your fault.
- There has been a significant change of law that would probably overturn your conviction or sentence if applied in your case.
How does Arizona Rule 32 work?
You only have a limited time period after your Phoenix criminal conviction to file a petition under Rule 32, so it is important to talk with an experienced Phoenix criminal defense lawyer as soon as possible after your conviction. If you miss any of the deadlines, you may completely lose your right to petition under Rule 32.
Rule 32 proceedings can be very complicated, and it would be to your advantage to contact a Tempe criminal lawyer today at 1-888-929-5292. We can help explain what you will need to do to start Rule 32 proceedings and if it is even appropriate to do so in your case. If you’d like to learn more, request a free copy of our book, Arizona Criminal Law – What You Must Know.