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How to Appeal a Criminal Case in Arizona

December 30, 2022

If you have been convicted of a crime, you may feel that you are out of options. However, that doesn’t mean the fight is over. In Arizona, you have the right to appeal your case. Janet Altschuler, attorney at law, can walk you through your appeal. Here’s what you need to know before getting started.

Filing an Appeal Notice

If you wish to appeal your criminal case, your attorney must file a Notice of Appeal within 20 days of the judgment being entered. The Notice of Appeal is a formal document that tells the court that you intend to appeal your case. It will need to be followed by an Opening Brief.

Appellate Court

Once the Notice of Appeal and Opening Brief have been filed, your case will be assigned to appellate court. The appellate court could make one of four decisions:

  • They could affirm the original conviction.
  • They could affirm the original conviction but change the sentence.
  • They could overturn the conviction and require a new trial.
  • They could overturn the conviction and completely acquit the defendant.

Making an Appeal Case

When making an appeal, your attorney will need to show that there was some error made during the trial that impacted the outcome of the case. This could be anything from improper jury instructions to errors in evidence. In some cases, it may be possible to appeal the sentence that was imposed rather than the conviction itself. This is most often done when the sentence exceeds the maximum allowed by law. If you believe that your sentence is unfair, you should speak to your attorney about whether an appeal is possible.

Appeal Your Case with Janet Altschuler Today

If you feel that you have been wrongfully convicted of a crime, you have the right to appeal your case. The appeals process can be complicated, and it is important to have an experienced attorney on your side. Janet Altschuler has helped countless clients navigate the appeals process and she can do the same for you. Contact her today to schedule a consultation.

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