Best Wrongful Conviction Lawyers in Arizona

How Arizona post-conviction cases can challenge a conviction

In Arizona, challenging a state conviction after trial or a guilty plea usually involves a direct appeal, a petition for post-conviction relief, or both. These proceedings may address issues such as ineffective assistance of counsel, constitutional violations, newly discovered evidence, or a claim of actual innocence.

Post-conviction proceedings generally begin in the Arizona Superior Court in the county where the conviction occurred. A case may later go to the Arizona Court of Appeals, and some matters may be presented to the Arizona Supreme Court. Arizona’s Rules of Criminal Procedure set strict filing deadlines, so getting legal advice promptly can protect available options.

For many first post-conviction proceedings, a notice is due within 90 days after judgment and sentence, or within 30 days after the appellate mandate when a direct appeal was taken. Different deadlines and exceptions may apply, including for certain claims based on newly discovered evidence. A lawyer can assess which deadline governs the case.

When a lawyer may be important

• New DNA or other forensic evidence: Evidence from the original investigation may still exist, or newer testing may be available. A lawyer can assess whether testing can be requested under Arizona law and whether the results could support relief.
• Evidence of ineffective assistance: Trial counsel may have failed to investigate a witness, challenge forensic evidence, or advise about a plea. These claims often require records, affidavits, or expert analysis.
• Evidence that was not disclosed: Police or prosecutors may have possessed information that could have helped the defense. A lawyer can seek disclosure records and assess whether the evidence supports a constitutional claim.
• A witness has recanted or new evidence has emerged: A changed account or newly located evidence may require careful investigation and corroboration. Arizona rules impose procedural requirements on these claims.
• A plea or sentence may have been legally defective: A person may have entered a plea without important information or received a sentence that raises a legal issue. The available route depends on the plea record, prior proceedings, and applicable deadlines.

Arizona laws and rules that may apply

• Arizona Rules of Criminal Procedure, Rules 32 and 33: These rules govern post-conviction relief for people convicted by plea and by trial, respectively. Their reorganized framework took effect January 1, 2020, and sets procedures, claim requirements, and deadlines.
• A.R.S. § 13-4240, Postconviction DNA testing: This statute allows certain convicted people to ask a court to order DNA testing, subject to statutory requirements. The court considers matters such as whether the evidence is available and whether testing could produce material results.
• Arizona Constitution, Article 2, Section 24, Right to appeal in criminal cases: This provision protects the right to appeal in criminal cases. A direct appeal and a post-conviction proceeding are different procedures, and one does not necessarily preserve every claim available in the other.

Frequently asked questions

What is post-conviction relief in Arizona?

It is a court process for raising certain challenges after a conviction, separate from a direct appeal. Arizona Rules of Criminal Procedure 32 and 33 govern the process for plea and trial convictions.

Do I need new evidence to challenge a conviction?

No. Some claims concern new evidence, while others may involve constitutional violations or ineffective assistance of counsel. The rules limit which claims can be raised and when, so the case history matters.

Can I seek relief after pleading guilty?

Yes. Arizona Rule 32 provides a post-conviction process for plea convictions. The plea agreement, the advice provided, and any earlier appeal or post-conviction filings may affect the available claims.

How soon should I contact a lawyer?

As soon as possible, especially if the conviction or appellate mandate is recent. Many filing deadlines are short, and evidence or records may become harder to obtain over time.

How long does a post-conviction case take?

There is no fixed timeline for every case. A matter may take months or longer if it requires investigation, expert review, an evidentiary hearing, or appellate proceedings.

Can an incarcerated person pursue a challenge?

Yes. Incarceration does not by itself prevent a person from seeking post-conviction relief. A lawyer can review the record, identify potential claims, and determine the applicable filing procedure.

Can the court appoint a lawyer?

Appointment may be available to some eligible defendants in certain post-conviction proceedings, but it is not automatic for every claim or later petition. Ask the court or a lawyer about eligibility and the rules that apply to the specific case.

What does a post-conviction lawyer cost?

Fees vary with the record’s size, investigation needed, expert costs, and whether the case includes hearings or appeals. Ask for a written fee agreement explaining what work is covered and which expenses are separate.

Does overturning a conviction automatically provide compensation?

No. Vacating a conviction does not necessarily establish eligibility for compensation. Arizona has a statutory compensation process for some people, but qualifying conditions and filing requirements must be reviewed separately.

Can a family member file a claim for someone convicted?

Generally, the person convicted pursues the challenge, often through counsel. Family members can help gather records and identify witnesses, but their relationship alone does not give them authority to litigate the person’s case.

Is a direct appeal the same as post-conviction relief?

No. A direct appeal reviews issues through the appellate process after judgment, while post-conviction relief follows separate rules and may address claims requiring evidence outside the trial record. A lawyer can determine which route remains available.

Do Arizona’s rules apply to a federal conviction in Arizona?

No. Arizona Rules of Criminal Procedure 32 and 33 govern Arizona state cases, not convictions in federal court. A federal conviction generally requires review under federal procedures and deadlines.

Official resources

• Arizona Judicial Branch: Provides information about Arizona courts, court rules, and appellate decisions. The county Superior Court handling the conviction can provide information about filing procedures.
• Arizona Justice Project: A nonprofit organization that reviews some cases involving claims of innocence or manifest injustice. Its case-review criteria and capacity may limit which matters it can accept.
• State Bar of Arizona: Offers public information and lawyer referral resources to help people locate attorneys. A referral is not an endorsement, so check each lawyer’s relevant experience and fee terms.

Next steps for finding and hiring a lawyer

1. Confirm the court and conviction details. Within a few days, identify the county, case number, conviction date, sentence date, and whether the case involved a plea or trial.
2. Check every deadline immediately. Gather notices of appeal and appellate mandates, then ask a lawyer to assess the applicable deadline. Do not wait for all records before seeking advice.
3. Collect key documents. Request available court records, transcripts, police reports, discovery, and prior lawyers’ files. Keep copies of any new evidence and note when and how it was found.
4. Contact suitable lawyers or organizations. Over the next several days, seek lawyers who handle Arizona appeals and post-conviction cases. Ask whether they review innocence, forensic-evidence, or ineffective-assistance claims.
5. Prepare for an initial consultation. Bring a short timeline, the judgment and sentence, appeal history, and a list of potential witnesses or evidence. Ask what claims appear viable and what further investigation may be needed.
6. Compare representation terms before signing. Confirm the lawyer’s role, fees, expense responsibility, communication plan, and whether hearings or appeals require a separate agreement. Obtain the terms in writing.