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What are my Options After a Conviction?

Just because you have been convicted of a crime does not mean that you have lost your case entirely. There is a Post Conviction Issues/Appeals process that seeks to overturn your conviction or modify the terms of a sentence. If you have lost civil rights due to a conviction, such as the right to vote, these right can sometimes be restored. An experienced criminal defense attorney can appeal your case in order to seek a more favorable outcome.

Post Conviction Relief Arizona: Filing PCR Petitions:
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).

Read more on Post Conviction Relief in Arizona.

Appeals:
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Appeals David Michael Cantor Free Consultation 602-307-0808 Phoenix Arizona LawyerA Defendant has 14 days from the date of their sentencing to file a “Notice of Appeal”. Also filed along with that is a “Designation of Record”. This will designate all of the documents and court reporter transcripts which will be necessary for the appeal. The higher court then issues a “Briefing Schedule” which gives time limits on when the “Appellant’s Brief” is to be filed.

Read more on Appeals.

Habeas Corpus:

“Habeas Corpus” is a Latin term for “that you have the body”. A Writ of Habeas Corpus is a motion which is filed most frequently to ensure that a Defendant’s imprisonment or detention is not illegal. It is sometimes used to test the legalities of an arrest or a commitment.

Read more on Habeas Corpus.

Sentence Modifications:

A “Motion to Modify Sentence” or “Motion to Modify Probation” can be filed at any time after the original Sentencing has occurred. Sometimes this can be as simple as asking for monthly probation fee or restitution fee to be reduced due to the financial hardship on a Defendant. Other times, it can include the deferral or deletion of jail time which was scheduled to begin at a future date.

Read more on Sentence Modifications.

Petition for Early Termination of Probation:

It is possible to terminate the probation in many cases when the Defendant has served approximately 50% of his probation term. In some cases, this can be done at a much earlier date. In fact, we have had numerous cases where a person has been placed on “lifetime probation” and we have had them terminated at a much earlier date (in one case, after a mere year and a half (1.5 years) from the date of sentencing).

Read more on Petition for Early Termination of Probation.

Expungement / Restoration of Civil Rights:

In Arizona, there is no such thing as a “Expungement”. However, Arizona does provide for what is known as a “Judgment of Guilt Set Aside” and a “Restoration of Civil Rights”. In essence, if the Judge grants the Motion to Set Aside Judgment of Guilt, then a Defendant can tell people that he has not previously been convicted of a crime.

Read more on Expungement / Restoration of Civil Rights.

Arizona Rule 32:

Under rule 32 of the Arizona Rules of Criminal Procedure, an individual may appeal a conviction for one of three reasons: ineffective assistance of counsel, newly discovered evidence, or substantive change of law. Ineffective assistance of counsel refers to situations in which a defendant’s lawyer provided unprofessional or substandard representation that materially affected the outcome of the court proceedings. It is not enough to prove that a defendant received poor representation; you must also prove that the outcome of the case would have been better had you received more effective counsel.

Read more on Arizona Rule 32.

If there is an avenue for an Appeal of your case or a way to modify the terms of a conviction, the Cantor Criminal Defense Attorneys will find it and utilize it to your benefit.

The Cantor Arizona Defense Lawyers Team – BEYOND AGGRESSIVE!!!

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is an Arizona Defense Lawyer and a Certified Criminal Law Specialist, 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 Arizona Defense Lawyers know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.

The Criminal Defense Attorneys on the Cantor Team offer BEYOND AGGRESSIVE legal defense for Appeals and Post Conviction Relief issues in all courts in the Phoenix metro area, including Scottsdale, Mesa, Tempe, Glendale, Goodyear, Chandler, Gilbert, Fountain Hills, Buckeye, Avondale, Paradise Valley, Peoria, Surprise, Sun City, El Mirage and in all city, state and federal court jurisdictions throughout the State of Arizona.

Contact The Law Offices of David Michael Cantor and speak to an Arizona Defense Lawyer about your case. We will assist you with your Post Conviction Issues.

Man arrested second time for stabbing stranger in Phoenix

PHOENIX – 27-year-old Christopher Gale was arrested on Sunday for a second time on suspicion of aggravated assault and attempted first-degree murder. The incident took place at a Phoenix Walgreens store.

According to police reports, the crime actually occurred in September 2013 when Gale stabbed a stranger using an eight-inch knife he had bought from a Walmart store just a few hours before the stabbing. He went to a Walgreens store about four miles away from the Walmart store, approached a woman who was shopping and stabbed her in the neck from behind. The woman started screaming and an armed off-duty federal agent, who happened to be in the store, ran over from the checkout line where he was standing and pulled the weapon away from the woman and ordered Gale to get on the ground and put the knife down.

Gale was arrested for a previous crime but was found incompetent to stand trial for the charges he was facing. The charges against Gale were dismissed in May 2013 by a court commissioner and he was ordered to receive treatment at a psychiatric facility which he did. After his release from Desert Vista Behavior Health, a mental health facility in Mesa, Gale was subsequently arrested for the stabbing. According to the court documents, when Gale stabbed the woman at the Walmart store, she turned around to face her attacker who told her, “I’m killing you to save the world.”

The woman suffered a puncture wound which needed several staples. She was able to push away her attacker.

Gale later told the police that he bought the eight-inch knife to “stab and kill” someone.

According to Jerry Cobb, a spokesman for the Maricopa County Attorney’s Office, it is not yet decided if any charges will be filed again against Gale.

Gale had a run-in with the law in 2012 also when he was arrested on the suspicion of indecent exposure and drug-related offenses. He pled guilty to the reduced charges in that case.

Gale appeared in Maricopa County Superior Court on Friday for an initial appearance and is being held on $1 million bond on charges of attempted first-degree murder and aggravated assault. His lawyer , Roger Margolis, did not immediately return a call Friday for comment. The attorney was appointed on the orders of a commissioner to represent Gale in court.

Online court records did not describe the alleged crimes which Gale is facing. However, the commissioner who ordered Gale to undergo psychiatric treatment said in a May 29 order that Gale was a danger to others as well as to himself. He also said that he is unable to understand the nature of proceedings against him and needed assistance in his defense.

 

Author Bio:

Law Office Of Mark Rosenfeld provides strong and aggressive legal representation for DUI Cases in Beverly Hills, California.

58-year-old Phoenix man arrested for 1989 sexual assault, murder

PHOENIX – 58-year-old Cudellious Love, of Phoenix, was arrested on Friday by the Phoenix police officers after they found DNA evidence that linked him to an unsolved murder and sexual assault from 1989.

A report released by the Phoenix Police Department’s crime lab in January indicated a DNA match between a sample taken from the scene and a DNA profile in the state database. According to the court records released Monday, the DNA belonged to a 58-year-old man named Cudellious Love who was in prison for more than three years for a drug conviction. The DNA evidence linked Love to an unsolved murder and sexual assault from 1989.

The murder victim, Laura Hunding, of Phoenix, was stabbed to death in her apartment where her body was found in July 1989. According to the police, Love’s DNA was found on Hunding’s body.

Records show that there was no sign of forced entry into her apartment which was located near 48th Street and McDowell Road. Police investigated the murder, but they did not have any leads in the case.

Hunding’s body was found by her landlord at about 10:30 am on July 17, after witnesses reported last seeing her on July 16. According to the witnesses, Hunding had attended an Alcoholics Anonymous dance that night at Scottsdale Community College and she returned to her home alone.

Love was located and questioned by police on May 12 when he denied having any knowledge of Hunding or her murder which happened nearly 25 years ago.

According to court records, Love claimed he had never ‘messed with’ White women. He also claimed that he has never been to the victim’s apartment and was not familiar with the east side of Phoenix at all. The court records also stated that he was shown photographs of the victims and the victim’s apartment and he maintained he had never seen the victim or her apartment. He said there would be no reason his fingerprints or DNA would be found or identified as part of the crime scene.

Love was arrested on Friday 13 June after the agency’s crime lab determined that Love’s DNA matched the DNA at the scene. There was no mistaking that because “the approximate incidence of this profile is 1 in 110 quadrillion African Americans,” records show.

He was booked into jail on one count of first-degree murder in the death of 27-year-old Laura Hunding in July 1989.

 

Author Bio:

The attorneys at Bleile, Witte & Lape are committed to defend clients accused/ convicted of any kind of sexual crime throughout Cincinnati, Ohio.

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