If a Defendant feels that he had ineffective assistance of counsel (this usually occurs with public defender cases); newly discovered evidence has been found which supports his innocence; or there has been a substantive change in the law, then he can file a "Post Conviction Relief Petition" (PCR). The rules state that a Defendant has ninety (90) days from the date of "Sentencing" or the date of the last (final) appeal, to file a Post Conviction Relief Petition. If newly discovered evidence has been found, then a PCR can be filed any time. These are normally conducted on felony cases where people are serving long prison sentences. However, some people file a PCR even when they serve no prison time, to simply have this black mark removed from their record.
The most common PCRs which are filed are for "Ineffective Assistance of Counsel". The standard of the law is set forth in the Strictland / Nash cases. Basically, if there was "no meaningful adversarial testing" undertaken by the original attorney, then the conviction should be reversed. In addition, if the attorney did not interview any witnesses, or failed to interview key witnesses and failed to present necessary expert witnesses, this can also result in a reversal of the conviction. Once the conviction is reversed, then all of the original charges will be reinstated and either the case can be resolved by a new, lower, plea agreement, a complete dismissal, or proceed to Trial again on the original charges.
BEWARE: It is possible to reverse a conviction, proceed to Trial and be reconvicted, and then receive a Sentence which is much greater than the original Sentence. This is rare, but it does happen.
Although the Rules state that a Defendant only has ninety (90) days from the date of Sentencing, most Courts will allow a Petition to be filed at a much later date due to the fact that many Defendants did not know they truly had a right to file a Post Conviction Relief Petition. In fact, our Firm undertook a case in which the Defendant was seventeen (17) years into a thirty-five (35) year sentence, and we had filed the PCR and had the conviction reversed. The State never refiled charges and he was set free.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
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Dismissed |
04/24/08 |
Aggravated DUI, Aggravated DWI |
Dismissed |
04/14/08 |
Aggravated Assault w/Gun |
Not Guilty |
04/04/08 |
DWI Only(.092 Breath) |
Not Guilty |
03/25/08 |
DWI (.099 Breath) |
Not Guilty |
03/24/08 |
Aggravated DUI, Aggravated DWI |
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April 15, 2008
John Chester Stuart had one of the best defense…
