Your case is not necessarily over just because you lost at trial. Our state and federal appellate systems allow anyone who has been convicted of a crime to appeal a decision to the next highest Court. This applies to Arizona misdemeanors, felonies, and federal crimes. Once a trial is over then there is only a small time period in which an appeal can be filed. Bretton Barber is a Phoenix appellate attorney who works to protect the accused through the appellate process. Contact our office today to speak with a lawyer.
Arizona attorney representing those wishing to appeal their criminal conviction
Those who are convicted at trial may appeal to the next highest Court. Also, one who has exhausted the appeal process may still pursue state and federal post conviction relief (otherwise known as “habeas corpus”). An appeal is not a new trial and, generally, one will not be allowed to introduce new facts on appeal. Instead, it is the process of asking a higher Court to rule that the lower Court made a mistake in interpreting the law. Examples of this can include Trial Court Judges misinterpreting statutes, incorrectly overruling objections, or wrongly allowing evidence to be admitted. A request to appeal one’s case must be filed within a specific amount of time and, if this deadline is not met, one will have lost the right to appeal without exception. Appeals are not a “do it yourself” project and they require an in-depth knowledge of both the law and the appellate rules of procedure. If you wish to appeal your conviction then you should contact an attorney immediately.
Bretton Barber handles a number of appellate cases on behalf of those convicted. Types of appeals handled by our office include:
- Arizona State Court appeals
- Federal Appeals to the Ninth Circuit
- Requests for post-conviction relief/a writ of habeas corpus
Once retained we will immediately acquire all records from the lower court proceedings, all trial transcripts, and the files of your prior attorney in order to analyze the situation and determine possible issues on appeal. Quite often a client wishes to appeal for a particular reason and, after reviewing the record, we are able to find additional grounds for appeal. We will keep you informed throughout the process and work to ensure that you know what to expect as the case moves forward. Contact us today to speak with our lawyer. In addition to Phoenix our attorney represents defendants in other Maricopa County cities such as Mesa, Glendale, Scottsdale, Chandler, and Gilbert. We also assist Pima County residents in Tucson.
Arizona appellate attorney providing detail oriented memorandum arguments
Not all attorneys handle appeals. The appeals process is far different than a jury trial and requires that the attorney be able to read the Court’s transcript of the original trial and recognize any legal mistakes that were made. The attorney must then write an articulate and well presented argument for the appellate Judge panel explaining why a mistake was made and directly led to a wrongful conviction. This requires a high level of detail and excellent writing skills. Bretton prides himself on paying high attention to detail and this translates well into his appellate practice. If you have been convicted of a crime you have nothing left to lose, but time is running out. Call today for a consultation.
