Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Originally a Phoenix Municipal Criminal misdemeanor, I was…

Originally a Phoenix Municipal Criminal...
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.
Show More
Show Less
Ask Your Own Criminal Law Question
Customer reply replied 1 year ago
This was for misdemeanor assault.
Answered in 11 minutes by:
4/11/2017
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,894
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

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.

Ask Your Own Criminal Law Question

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.

Ask Your Own Criminal Law Question
Customer reply 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.

I strive for 5 star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 3, 4, or (hopefully) 5 stars on the rating scale, as that is the only way that JustAnswer gives us Experts credit for our work. You would still be able to post further follow ups on this question thread about this for no additional cost, even after I've been rated.

Ask Your Own Criminal Law Question

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.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,894
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified
Zoey_ JD and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply 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.

Ask Your Own Criminal Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a criminal lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,894
31,894 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,248 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,181 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

2,016 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,750 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,640 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

Barrister

Barrister

Criminal Defense Law

1,266 satisfied customers

17 years practicing criminal defense.

< Previous | Next >

Related Criminal Law Questions
My son was just sentenced to DOC in Colorado. He was not
Hi Pearl! My son was just sentenced to DOC in Colorado. He was not represented by his lawyers and wants to file a appeal and a 35 c on both lawyers. He also is not trusting that his lawyer will file a… read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,458 satisfied customers
I filed a motion to withdraw my guilty plea in the Superior
I filed a motion to withdraw my guilty plea in the Superior Court of the District of Columbia. The motion contained a claim of ineffective assistance of counsel. The motion was denied by the trial cou… read more
Marc
Marc
Attorney at Law
JD
319 satisfied customers
If a court appointed lawyer filed an appeal on a guilty verdict
If a court appointed lawyer filed an appeal on a guilty verdict on a federal case without talking with the person whom he was filing it for and there was information left out that could have changed t… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
Doctoral Degree
31,894 satisfied customers
In an appeal one of the issues raised was ineffective
In an appeal one of the issues raised was ineffective assistance of counsel. The court of appeals preserved the defendants right to raise this issue in post conviction relief proceedings. The defendan… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,520 satisfied customers
For Myra B: What do you think of the following response to
For Myra B: What do you think of the following response to State's response to APCR? Comes Now the Petitioner, name, and respectfully XXXXX XXXXX court overrule the State's response to Petitioner's ap… read more
MyraB
MyraB
Attorney at Law
JD
367 satisfied customers
An application for post conviction relief has been filed by
An application for post conviction relief has been filed by defendant. He is waiting now for an objection by from prosecution. When the 30 days are up after filling that application and there is no re… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
A person is in county jail for one year and is planning to
A person is in county jail for one year and is planning to seek habeus corpus relief. I saw a statement on an information website that said "The remedy can be sought by the prisoner or by another pers… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If a defendants misdemeanor conviction is affirmed bythe Oklahoma
If a defendant's misdemeanor conviction is affirmed bythe Oklahoma Court of Criminal Appeals will he be allowed to get an appeal bond while he appeals to the US Supreme Court? (He is out on appeal bon… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
In a misdemeanor case which is now on appeal, on two occasions
In a misdemeanor case which is now on appeal, on two occasions the arresting officer did not read the defendant his miranda rights. Once when the defendant gave a written statement after the vehicle a… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
Doctoral Degree
31,894 satisfied customers
In a now ancient felony case (1/2/88 in Colorado), my pre-sentence
In a now ancient felony case (1/2/88 in Colorado), my pre-sentence investigative report was sealed. I want to unseal that record and gain access to a copy. How might I proceed?… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
Name the basic trial court(s) that exist in each county (or
Name the basic trial court(s) that exist in each county (or city) in your state. (Different states have different names for the main trial court of each county, such as Superior Court, Municipal Court… read more
Legal-Guru
Legal-Guru
Attorney at Law
Juris Doctorate
1,354 satisfied customers
a relative got convicted for a allegedly killing two people.
a relative got convicted for a allegedly killing two people. He did not do it and has no criminal record. He was convicted for life in prison. How can we appeal and what is the percentage of success o… read more
AttorneyTom
AttorneyTom
Attorney at Law
Juris Doctor, BSBA
1 satisfied customers
am trying to appeal a florida criminal case after accepting
am trying to appeal a florida criminal case after accepting a plea bargain. Six months after, my attorney was brought before the courts and was recommended he be disbarred for not properly defending h… read more
Joseph
Joseph
Attorney
Doctoral Degree
7,245 satisfied customers
I was recently sentenced to time served for a federal crime.
I was recently sentenced to time served for a federal crime. Prior to pleading guilty I filed a motion to dismiss for speedy trial violation. I pled guilty because my lawyer said that the government w… read more
xavierjd
xavierjd
Juris Doctor
3,361 satisfied customers
My DUI in Phoenix municipal court was dismissed without prejudice
My DUI in Phoenix municipal court was dismissed without prejudice after my lawyer successfully argued a motion to suppress my BAC results. The city prosecutor filed an appeal of the judgment on the mo… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
My husband(AA) had murder case 1979-1980 they can t find his
My husband(AA) had murder case 1979-1980 they can"t find his court transcript or indictment in Lanier Co. told me the wife its not there , said case is to old . Now in 1993 he got another case charged… read more
Deirdre
Deirdre
JD
39 satisfied customers
On February 28, 2008 I was arrested at a public meeting held
On February 28, 2008 I was arrested at a public meeting held at the school where I work and charged with trespassing. I believe that my principal concocted an excuse for an administrative leave order … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
What is the standard of review used in a 6.500 breif for ...
What is the standard of review used in a 6.500 breif for: Constitutonal rights violations; ineffective assistance of counsel; prosecutorial misconduct; court err; appellate counsel ineffective; cumula… read more
jamest
jamest
High School or GED
194 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x