If you’ve been convicted of a felony in Arizona, you have the right to a direct appeal to the Arizona Court of Appeals. It’s important to know that appeals do not address factual issues in your case. An appeal is not an opportunity to re-hash the facts of your case. You cannot introduce new evidence on a direct appeal. Instead, an appeal looks at the legal decisions made by the trial court to see if any errors were made. If the Arizona Court of Appeals agrees that the trial court made a legal error, your case may be overturned or sent back to the trial court.
If you’ve been convicted of a misdemeanor in a lower Arizona court, you may appeal to the Arizona Superior Court.
If you do not qualify for a court-appointed attorney, the SWLC’s Arizona Appeals Attorney can help you. As a nonprofit, we charge rates far below market.
If you are appealing a felony conviction, you must file a Notice of Appeal within 20 days of being sentenced. If you are appealing a misdemeanor conviciton, you must file the Notice with 10 days.
The Notice simply lets the court know that you plan to appeal. It is not the appeal itself. If you hire the SWLC to represent you in your appeal, we will review your case for legal error and file an Opening Brief arguing that your case shoud be remanded or reversed. In a felony appeal, the Arizona Attorney General may then file an Answering Brief. The SWLC would then file a Reply Brief that addresses the Attorney General’s arguments. In some cases, there may be Oral Arguments in front of the Arizona Court of Appeals. You will not have to be present for those arguments. After all of the briefs are filed and arguments heard, three judges from the Arizona Court of Appeals will review the arguments and issue a decision. In a misdemeanor appeal, a similar process applies, but the case is heard by an Arizona Superior Court judge. The whole process can take several months to a year or more, depending on the case.
When you hire the SWLC’a Arizona Appeals Attorney, you can rest assured that you will receive the highest-quality legal representation in your appeal. If you have been convicted of a crime in Arizona and want to appeal your case, contact the SWLC to discuss your case today.