Arizona Petition for Post-Conviction Relief

State:
Arizona
Control #:
AZ-MC-CR-17
Format:
PDF
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Description

Petition for Post-Conviction Relief An Arizona Petition for Post-Conviction Relief is a legal document that a person who has been convicted of a crime in Arizona can file to challenge the conviction. This petition is used to challenge the legality of the conviction, the sentencing, or a violation of the defendant’s constitutional rights. There are two types of Arizona Petition for Post-Conviction Relief: Rule 32 Petition and Notice of Post-Conviction Relief. A Rule 32 Petition is a formal request for post-conviction relief. It must be filed in the court in which the defendant was convicted and request a hearing to determine if there are any grounds for the petition to be granted. This petition must be filed within 90 days of the conviction or sentence, or within 90 days from the date of the denial of a previous post-conviction relief petition. A Notice of Post-Conviction Relief is a document that is filed to alert the court that a Rule 32 Petition has been filed and needs to be heard. This notice must be filed within 10 days of filing the Rule 32 Petition. In order to be successful, the Petitioner must prove that either the conviction, sentence, or the proceedings of the trial were not conducted in accordance with the law, or that the trial was unconstitutional, or that the sentence is illegal or unjust. If the court grants the post-conviction relief, the conviction can be overturned, the sentence can be reduced, or the defendant can be granted a new trial.

An Arizona Petition for Post-Conviction Relief is a legal document that a person who has been convicted of a crime in Arizona can file to challenge the conviction. This petition is used to challenge the legality of the conviction, the sentencing, or a violation of the defendant’s constitutional rights. There are two types of Arizona Petition for Post-Conviction Relief: Rule 32 Petition and Notice of Post-Conviction Relief. A Rule 32 Petition is a formal request for post-conviction relief. It must be filed in the court in which the defendant was convicted and request a hearing to determine if there are any grounds for the petition to be granted. This petition must be filed within 90 days of the conviction or sentence, or within 90 days from the date of the denial of a previous post-conviction relief petition. A Notice of Post-Conviction Relief is a document that is filed to alert the court that a Rule 32 Petition has been filed and needs to be heard. This notice must be filed within 10 days of filing the Rule 32 Petition. In order to be successful, the Petitioner must prove that either the conviction, sentence, or the proceedings of the trial were not conducted in accordance with the law, or that the trial was unconstitutional, or that the sentence is illegal or unjust. If the court grants the post-conviction relief, the conviction can be overturned, the sentence can be reduced, or the defendant can be granted a new trial.

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Rule 32 Post Conviction Relief