Appeals
Proven Appeals Lawyer in Phoenix, Scottsdale AZ
Getting an Arizona court to reverse a criminal conviction or to overrule a trial court judge is one of the most difficult tasks facing an attorney. Moreover, selecting when to challenge a ruling, what mechanism of Arizona appellate procedure to invoke or determining whether there is a realistic chance of success can be as much art as it is law.
What most people think of as an “appeal” is actually several different categories of processes in Arizona where a higher court reviews the decision of a lower court.
Criminal Appeals in Phoenix
In this guide you’ll find:
- Explanations of the Arizona rules governing how DUI and criminal cases can be appealed in Plain English
- Step-by-step direction on how to create persuasive appellate briefs
- Situations when “special actions” must be used instead of an appeal
After a Conviction
APPELLATE BRIEFS - MISDEMEANORS
Filing Deadlines
Opening Brief
The appellant’s memorandum (i.e. the brief) shall be filed with the trial court within 60 calendar days from the deadline to file the notice of appeal.
Response Brief
The appellee’s memorandum shall be filed within 30 calendar days of the filing date of the appellant’s memorandum.
Reply
No reply memorandum shall be filed unless authorized by the Superior Court.
Important Note:
If no Response memorandum is filed, the matter shall be deemed submitted on the record and the appellant’s memorandum. However, the non-filing of an appellee’s memorandum shall not constitute a confession of error.
Format Requirements
- Memoranda shall be typed or printed, single-sided.
- Memoranda shall be on 8.5 by 11-inch white paper.
- Memoranda shall be exclusive of any appendices, memoranda shall not exceed 15 pages.
- The text shall be doubled-spaced except for quotations.
Easy to Miss:
In computing time limits, the “last day” means that when the last day of any period of time prescribed herein falls on a Saturday, Sunday, or day when the court is closed, the “last day” shall be the next day court is open.
The day of the act or event from which the designated time period begins is not to be included. Except as stated by these rules or by order of a court in a particular case, the filing deadlines for motions, responses, and memoranda, are not enlarged when sent by mail.
Except as stated by these rules or by order of a court in a particular case, the filing deadlines for motions, responses, and memoranda, are not enlarged when sent by mail.
See Rule 1. Scope; Definitions, Superior Court Rules of Appellate Procedure – Criminal.
Before a Conviction
SPECIAL ACTIONS
From Superior Court - To Court of Appeals
Where the action is brought in a Court of Appeals, it shall be brought before whichever Court of Appeals has territorial jurisdiction over the county in which the action might have been brought had it been presented to a Superior Court. AZ ST SPEC ACT Rule 4
Pleadings
There shall be a complaint, which may be verified or accompanied by affidavits or other written proof, and an answer by the defendant or the real party in interest, or such other responsive pleadings as may be appropriate. The court may order any party or persons to file with the court all or any part of any records in his or its possession.
AZ ST SPEC ACT Rule 4
Caption
In any special action filed against a Superior Court Judge, Court of Appeals Judge or other officer in a Court of Appeals or in the Supreme Court and in any petition for review filed pursuant to Rule 8(b) of these rules, the caption shall state the name of the judge or officer followed by the person’s official title, e.g., “[Name of Petitioner], Petitioner v. Hon. [Name of Judge], Judge of the Superior Court of the State of Arizona, in and for the County of [Name of County], Respondent and [Name of Real Party in Interest], Real Party in Interest.”
Questions Raised
The only questions that may be raised in a special action are:
(a) Whether the defendant has failed to exercise discretion which he has a duty to exercise; or to perform a duty required by law as to which he has no discretion; or
(b) Whether the defendant has proceeded or is threatening to proceed without or in excess of jurisdiction or legal authority; or
(c) Whether a determination was arbitrary and capricious or an abuse of discretion.
Editors’ Notes; AZ ST SPEC ACT Rule 3
Criminal Appeals FAQS
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 602-560-7837 today!
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What does Arizona law allow a person convicted a crime to appeal?This gets a little tricky but Arizona law only allows a person convicted of a crime to appeal a final judgment. For example, a final judgment of conviction after sentencing or the denial of a motion for a new trial. If a final judgment has not occurred then the appropriate mechanism is likely something called a special action.
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What is an appellate court mandate?
“The mandate is the final order of the appellate court, which may command another appellate court, superior court, or agency to take further proceedings or to enter a certain disposition of a case. An appellate court retains jurisdiction of an appeal until it issues the mandate.” Rule 31.22, Arizona Rules of Criminal Procedure.
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How long do you file to a notice of appeal from an Arizona misdemeanor DUI conviction?
Rule 31.2. Notice of Appeal or Notice of Cross-Appeal, Arizona Rules of Criminal Appeals
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How does an appeal of a DUI from City Courts to Superior Court work?
The is same as if you were appealing a decision from a city court. See the answer above.
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If I lose my appeal at the Superior Court, can I get a higher to review it?The is same as if you were appealing a decision from a city court. See the answer above.
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How can you contact the Court of Appeal?
Div. 1, Arizona Court of Appeals
Phone: 602-452-6700
Email: inform@appeals.az.gov
Location: 1501 W. Washington Street, Phoenix, 85007
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How do you file things with the court of Appeals?
Electronic filing is done though AZTurboCourt
https://turbocourt.com/go.jsp?act=actShowState&tmstp=1303166466042&id=11542622
Hiring an Experienced DUI/DWI Attorney
Arizona DUI law is extremely complicated and has severe consequences. DUI law is commonly referred to as a minefield. An attorney must be competent in the Arizona Rules of “Criminal” Procedure, the Arizona Rules of Evidence, the United States and Arizona Constitutions, and the Arizona Department of Motor Vehicles Rules and Regulations.
An attorney cannot do anything for you unless he or she has extensive experience in these areas. Police officers are only human and do commit legal errors. However, only an experienced DUI attorney will be able to find these errors and use them to help his or her client.
You should choose an experienced DUI attorney for the same reason you should choose a qualified doctor. If you break your wrist, you go to a doctor that specializes in wrist injuries. When you are charged with a DUI, you should hire a qualified DUI attorney.
An experienced Arizona DUI attorney can analyze your case for legal errors and defenses. He or she can have blood samples independently analyzed, look for suppression issues, review calibration / COBRA records of breath machines, find the right expert witnesses for your trial, and assist you with your driver’s license issues.
For more information, call our office at (602) 560-7837 or visit our contact page.
Hear From the People We’ve Helped
Testimonials and Reviews
At The Koplow Law Firm, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"Great trial attorney."
Lawrence is tenacious, relentless, and extremely passionate about his clients and their cases. He leaves no stone unturned in his investigations, and his cross examinations are grueling. His knowledge of the science of DUI's and the testing procedures is unsurpassed. Great trial attorney.
- Jesse S. -
"Unquestionably one of the top DUI/ criminal defense attorneys in Arizona."As a practicing attorney in DUI and criminal defense, and as a former prosecutor who went against Lawrence on several cases, I can attest that the State knows they will have their hands full when Lawrence is on the case.- Ryan M.
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"You cannot go wrong with Lawrence."
Great attorney! Lawrence thinks outside the box and goes above and beyond for his clients and the legal community at large. If you are looking for aggressive representation, you cannot go wrong with Lawrence.
- Charity C. -
"No other lawyer knows the science of DUI like Lawrence does."Lawrence is the best lawyer I have ever met. If your career is on the line then he is the guy. No other lawyer knows the science of DUI like Lawrence does. I will be forever grateful!- Greg S.
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"It was miracle!"
It was miracle!... A lot of people don't really understand the benefit of having an attorney who used to be a prosecutor. They know all the little tricks and scare tactics the state has as opposed to just hiring an attorney who is a little fish in a big pond.
- Joe C. -
"One of the best."Lawrence Koplow is one of the best DUI and vehicular defense attorneys in the state of Arizona. Anyone would be extremely fortunate to have him as their advocate.- Jack L.
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"You cannot go wrong with Lawrence."Lawrence thinks outside the box and goes above and beyond for his clients and the legal community at large. If you are looking for aggressive representation, you cannot go wrong with Lawrence.- Charity C.
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"Nobody knows the court and laws better than him."Lawrence represents very high-profile clients who greatly depend on a good outcome, and this guy will deliver. This is a prosecutors' worse nightmare, and it should be that way if you need an attorney.- David E.
DUI Library
The best DUI defense stuff that only a few know and none want to share. A one of a kind annotated resource for lawyers, people accused, or anyone who wants to see what’s going on in our justice system with DUI cases… and how to fix it.
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Scottsdale DUI Definitive GuideScottsdale DUI Definitive Guide
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The Definitive Guide to Defeating an Arizona DUIThe Definitive Guide to Defeating an Arizona DUI
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Field Sobriety Tests in Arizona DUI CasesField Sobriety Tests in Arizona DUI Cases
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Traffic Stops in Arizona DUI CasesTraffic Stops in Arizona DUI Cases
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Warrantless Blood Draws in Arizona DUI CasesWarrantless Blood Draws in Arizona DUI Cases
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Right to Counsel in Arizona DUI CasesRight to Counsel in Arizona DUI Cases
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Failure to Preserve EvidenceFailure to Preserve Evidence
