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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 33109
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Originally a Phoenix Municipal Criminal misdemeanor, I was

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Originally a Phoenix Municipal Criminal misdemeanor, I was convicted at trial. Sent case to Superior Court of Arizona. Appeal was affirmed. Now I would like to raise an Ineffective Assistance of Counsel to get post-conviction relief. Is this motion for post-conviction relief still done in Phoenix Municipal ? It just seems very unlikely I would be granted relief on this basis and the same court which convicted me.
Customer: replied 1 year ago.
This was for misdemeanor assault.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Yes, this petition would go back before the judge who presided over the conviction. You would be granted a hearing as to whether the lawyer was ineffective.

A judge should give your petition a fair and impartial hearing. Your new lawyer will have to cross-examine your old one as to his failings. Your old lawyer will typically be required to waive your attorney/client privilege in order to address them. And the judge would evaluate the evidence and rule. Unfortunately, the standard for ineffective assistance is so low that, unfortunately, if the lawyer stays awake during the trial, he's likely to be found effective.

Customer: replied 1 year ago.
Hi Zoey. Yes, Ive been reading up on this ineffective assistance and the standard is very low. I have already tried a scope of remedy and new adjudactive facts and the judge denied. The Prosecutor's Office is wanting to set-aside the conviction once i have completed all requirements but a " Set-Aside Conviction " is not the same as Vacate/Dismiss.I also have opened a Federal Civil rights 1983 case in District Court of Arizona for police/prosecutor misconduct regarding my case. Since my appeal failed, I am feeling the best route is just pursue the lawsuit.

Yes. Prosecutors only rarely give outright dismissals, which is what you'd rather have. But lawyers are only very rarely found to be ineffective.

The lawsuit might be your best route, indeed.

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Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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Customer: replied 1 year ago.
Hi Zoey. No I think you have given me some insight on what I should do next. I am pursing the lawsuit for the misconduct.

Good luck with it. Happy to have helped.