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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.

Super Bowl 49 Arizona – DUI & Alcohol Patrols

Super Bowl 49

Super Bowl 49 is here and will be player February 1, 2015 in Glendale, AZ. If you do go to the game or are partying in downtown Phoenix this weekend at the Super Bowl Central please don’t drive if you have been drinking. The Phoenix, Scottsdale, Glendale, Tempe, and surrounding law enforcement groups will be out on DUI patrols looking for impaired drivers. The police will also be looking for Minors in Consumption or Possession of Alcohol, Disorderly Conduct, cases of Assault, among other crimes. If you are going to be partying, please be safe.

If you are out drinking and get pulled over, remember to invoke your right to remain silent. You have the right to speak with a DUI attorney before answering any questions or doing any tests that a police officer may ask you to do. If you are in this situation, politely tell the officer that you won’t be answering questions or performing any tests until after you speak with your lawyer.

David Michael Cantor tells you what to do if you encounter police at the Super Bowl:

Like David said, if you are arrested or suspected of DUI on Super Bowl 49 weekend or another crime like Disorderly Conduct, Public Intoxication, Illegally Scalping tickets, Soliciting a Prostitute, or some other crime, give us a call for a free case consultation. Our office number, (602) 307-0808 is a 24 hour hotline you will speak with an attorney who will advise you of your next steps. If you are seeing this post after you’ve been arrested, please give us a call because we can help you navigate the crowded Arizona legal system.

Again, if you are planning to have a good time in Arizona this weekend please be safe. Please don’t drive if you’ve been drinking. But please enjoy yourself during the Super Bowl 49 festivities.

If you would like to speak with an attorney, give us a call at (602) 307-0808 or send us a confidential email and we’ll be in touch as soon as we can.

Ticket Scalping Laws in Arizona – Super Bowl 49

Super Bowl 49 is scheduled to take place on February 1, 2015 in Glendale, AZ. Glendale is located on the west side of the Phoenix-metro area. The Super Bowl has long been one of the most popular sporting events in the world for many years. Buying a ticket to the Super Bowl is very difficult since a lot of the tickets are used by corporate sponsors of the National Football League (NFL). Because tickets can be scarce and add in the fact that there is only a 2 week head’s up for fans of the teams that make the big game, it can make finding a ticket that much more difficult.

Is Ticket Scalping Legal in Arizona?

In Arizona, per ARS 13-3718, the resale or scalping of tickets is illegal if you offer a ticket of admission for a price in excess of the printed price on the face of the ticket, while physically 200 feet or less from any entry to the stadium or the entry of a contiguous parking lot to the stadium. It is also illegal to change the face value of a ticket without the written permission of the original vendor.

David Michael Cantor explains the Ticket Scalping Laws in Arizona:

Are they Counterfeit Tickets? How Can I tell?

So how can you tell if you have counterfeit tickets? Well there should be security holograms and bar codes on the ticket. There are many security functions built into actual Super Bowl tickets, just as there are security measures built into United States currency. One big way to avoid buying counterfeit tickets is to know your source. Who are you buying these tickets from? If you are buying them from somebody in the parking lot of University of Phoenix on game day, for above face value, then chances are good that those tickets are fake since that scenario would be illegal. You should never buy tickets from random sellers on the Internet either. There is literally no way to verify the tickets before you get to the stadium so you simply won’t know if they are valid for the event or not. Our recommendation is to purchase the tickets from an authorized and licensed reseller or ticket broker (like eSeats.com). And always use a major credit card, they typically have protections in place for fraudulent transactions and can make it much easier if you have an issue.

In closing, Ticket Scalping in Arizona is illegal if you are within 200 feet of the venue entrance and are selling the tickets for over face value. If you have been suspected of illegally selling tickets, call us for a free consultation. Our offices can be reached 24 hours a day at (602) 307-0808.

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