(602) 307-0808
Call Now, Open 24/7
Call Now, Open 24/7
(602) 307-0808
Call Now, Open 24/7
(602) 307-0808
Call Now, Open 24/7
By DM Cantor, a Top-Ranking Criminal Defense firm in Arizona for the last 6 years in a row by Ranking Arizona Magazine! (2020, 2021, 2022, 2023, 2024, 2025)
DM Cantor’s Board Certified Criminal Law Specialists (Left to Right) Managing Partner, Christine Whalin; Founding Partner, David Michael Cantor
Beware of Post Conviction / Appeals Defense “Pretenders”: Any law firm or Attorney can have DM Cantor’s Phoenix Post Conviction / Appeals Attorney and Post Conviction / Appeals Lawyer website information re-written by artificial intelligence (AI), and then they can post it online as their own “knowledge base.” But they cannot falsely list our Jury Trial Complete Acquittals, or Board Certifications as their own. Also, many Attorneys claim that they “Specialize” in defending Post Conviction / Appeals charges or Criminal Defense, but only a “Board-Certified Criminal Law Specialist” is allowed by the State Bar of Arizona to use this title as their own, per the Arizona Board of Legal Specialization.
As of the start of 2025, the State Bar of Arizona Board of Legal Specialization listed only 62 Criminal Law Specialists in the entire State. Of these 62, only 41 are located in Maricopa County and are allowed to handle private cases. DM Cantor has 2 Board-Certified Criminal Law Specialists, no other law firm in Arizona has more. When defending CriminalAllegations, it is critical to have as many Board-Certified Criminal Law Specialists on your Legal Team as is possible.
The Specialization process is so rigorous that only 34 current Criminal Law Specialists were Certified since the turn of the Century! In addition, all Specialists must be approved for Re-Certification every 5 years. At DM Cantor, our 2 Board Certified Criminal Law Specialists have conducted Jury Trials on countless Criminal cases.
Every Major Felony Criminal case defended by DM Cantor includes at least 1 Board Certified Criminal Law Specialist on the legal team who is directly handling or supervising the Defense.
We wouldn’t have it any other way.
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 rights can sometimes be restored. An experienced criminal defense attorney can appeal your case in order to seek a more favorable outcome.
Want to file a Post Conviction Relief Petition in Arizona? We’re here to help you through the PCR process. Watch the short video below as David explains Post Conviction Relief in Arizona and please contact us if we can provide you with further assistance in dealing with Post Conviction Relief Petitions (PCR) in Arizona.
If a Defendant feels that he had ineffective assistance of counsel (this usually occurs with public defender cases); newly discovered evidence has been found that supports his innocence; or there has been a substantive change in the law, then he can file a “Post Conviction Relief Petition” (PCR). The rules state that a Defendant has ninety (90) days from the date of “Sentencing” or thirty (30) days from the date of the last (final) appeal, to file a Post Conviction Relief Petition. If newly discovered evidence has been found, then a PCR can be filed any time. These are normally conducted on felony cases where people are serving long prison sentences. However, some people file a PCR even when they serve no prison time, to simply have this black mark removed from their record.
The most common PCRs which are filed are for “Ineffective Assistance of Counsel”. The standard of the law is set forth in the Strickland / Nash cases. Basically, if there was “no meaningful adversarial testing” undertaken by the original attorney, then the conviction should be reversed. In addition, if the attorney did not interview any witnesses, or failed to interview key witnesses and failed to present necessary expert witnesses, this can also result in a reversal of the conviction. Once the conviction is reversed, then all of the original charges will be reinstated and either the case can be resolved by a new, lower, plea agreement, a complete dismissal, or proceed to Trial again on the original charges.
BEWARE: It is possible to reverse a conviction, proceed to Trial and be reconvicted, and then receive a Sentence which is much greater than the original Sentence. This is rare, but it does happen.
Although the Rules state that a Defendant only has ninety (90) days from the date of Sentencing, most Courts will allow a Petition to be filed at a much later date due to the fact that many Defendants did not know they truly had a right to file a Post Conviction Relief Petition. In fact, our Firm undertook a case in which the Defendant was seventeen (17) years into a thirty-five (35) year sentence, and we filed the PCR and had the conviction reversed. The State never refiled charges and he was set free.
A 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. The State can file a “Respondent Brief,” and the Defendant gets the last word with a “Reply Brief”. The judge can either rule on the pleadings or he can set the Appeal to “Oral Argument”, where the defense attorney and prosecutor show up to argue the case.
Watch this short video where David explains Appeals in Arizona:
The judge will then issue his ruling. If that ruling is not satisfactory, the Defendant can then appeal to the next higher court. This can go all the way up to the United States Supreme Court before a final indisputable ruling is handed down (i.e., Gore v. Bush in the 2000 presidential election).
The reason for Appeals are long and diverse. Normally, Appellate reasoning has to do with evidence which was admitted improperly, or admission of improper statements made by the police officers or Prosecutors which impinged on a Defendant’s right to a fair trial. For example, if the Officer mentioned that a Defendant requested an Attorney, then this is an improper comment on his Fifth (5th ) Amendment Right. In addition, if the Judge allowed the admission of evidence of an improperly obtained confession, or improperly obtained items from a Search Warrant, then this will also serve as grounds for the Appeal. At DM Cantor, we have been very successful in our Appellate practice. We have reversed convictions regarding all types of cases. Each case is different and will need a thorough review by one of our attorneys during your free initial office conference to determine whether your case is worthy of filing an Appeal. Be sure you review our Appeals victories.
“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. It may also be used to obtain review of the regularity of an extradition process, the right to or amount of bail, and the jurisdiction of a court which has imposed a criminal sentence. Most often this is used in Federal Court. The State Court system has other devices which can accomplish the same purpose.
Watch this short video where David explains Habeas Corpus in Arizona:
Habeas Corpus can be filed at any time. It is most often seen after Appellate rights have been exhausted, and after all Post Conviction Relief Petitions have been denied (although, in the Federal system a PCR is referred to as a USCA §2254 or USCA §2255). Sometimes Habeas Corpus will be filed very early into a case to try and secure the release of a Defendant who is either being held without bond, or who has an unconstitutionally high bond set. Habeas Corpus cases can be very complex, and it will be necessary to schedule an in-office appointment with our law firm in order to determine whether this is the proper method to be utilized in your case.
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. Immediately upon being retained, our law firm will contact the Probation Officer in order to open up a dialog and develop a rapport.
Watch this short video where David explains Sentence Modifications in Arizona:
If a Defendant has been cooperative while on probation, this will help facilitate an agreement by the Probation Officer for a “no objection” to our Motion to Modify the Sentence. We can next contact the Prosecutor in order to seek a “no opposition” or a “Stipulation to the Motion to Modify”. If the Prosecutor and / or Probation Officer are non-cooperative, we will simply indicate in the Motion that they have not responded to our requests.
Included in our Motion for Sentence Modification will be details regarding all of the positive changes that a person has made while on probation. In addition, we will explain how certain terms would only be detrimental to rehabilitation and, therefore, why they should be removed. We will also include various character letters from family and friends, and (most importantly) a letter from the Defendant’s current employer. Sometimes we even include color copies of photographs of the Defendant in order to “humanize” him for the Judge. It is very important to let the Judge know that the Defendant is a real human being, and not just a case number. Many times we are able to take a jail term and reduce the number of days to be served in custody. Other times we are able to “defer” the jail for later review, which gives the Defendant a chance to “prove himself” to the Judge at a later hearing. And sometimes we are able to “delete” a jail sentence altogether.
Many times a Restitution Order was initially put in place that was not justified. Through our investigation, we are often able to show the Court that an insurance company paid the alleged victim, and therefore, any payment by the Defendant for Restitution would be “double dipping” on the victim’s behalf. This can save a Defendant potentially thousands of dollars, thereby allowing their probation to terminate earlier than scheduled.
Whether in the Phoenix area, or anywhere in Arizona, 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). Normally, we recommend that a person be on “lifetime probation” for approximately seven (7) years before attempting to file a Petition for Early Termination of Probation. However, we can undertake this type of Motion at a much earlier time period if requested.
Watch this short video where David explains Petition for Early Termination of Probation in Arizona in Arizona:
For “Standard Probation” or “Intensive Probation”, it is usually wise to have all restitution paid in full prior to filing the Petition for Early Termination. In addition, all fines and fees should be paid in full. If there have been no Probation Violations (or only small technical violations), then we usually have success in terminating probation early.
One of the first things we would do is contact the Probation Officer to open up a dialogue and develop a rapport and “get them on your side”. Many times they will not openly agree to the termination, but they will take a “no position” stance and let the Judge make up his own mind. In certain cases, we will contact the original Prosecutor to get their position as to a “no objection” or a “no position”. We will then include letters from family and friends detailing all of the positive efforts the Defendant has made since being on probation. We will also get a letter from the Defendant’s current employer, and we will include various color photographs of the Defendant with family and friends as a way to “humanize” the Defendant for the Judge. This is done in order to insure that the Defendant is perceived as a real person, and not just as a case number. We also include all certificates, awards and achievements the Defendant may have received while on probation (and even prior to being placed on probation). Lastly, we will include a written statement from the Defendant to the Judge, whereby the Defendant can express his innermost feelings regarding the subject.
In Arizona, there is no such thing as an “Expungement”. However, Arizona does provide for what is known as a “Judgment of Guilt Set Aside” and a “Restoration of Civil Rights”.
Watch this short video where David explains Expungement / “Set Aside” / Restoration of Civil Rights in Arizona:
One of the most important issues with having a crime show up on your record is when seeking new employment. On job applications, it is very common to have the application ask questions such as “have ever been convicted of a felony?” or “have you ever been arrested?” If this occurs, then a Defendant must answer “yes” on any job application. However, there is usually a space which allows an explanation of the situation. Many times people will state that they were charged with a crime, however, that the judge “set aside the judgment of guilt and dismissed the accusation or information”. This response normally serves to adequately answer any job application questions, and removes the conviction as a harmful consideration for a Defendant’s potential employer.
If the case is a felony matter, then we will also file what is known as a “Restoration of Civil Rights” in an attempt to allow a Defendant to vote in the future. On some of these motions, we can also ask for the restoration of the right to bear arms (i.e., own guns). However, if the conviction involves certain types of violent crimes (such as Aggravated Assault or Sexual Misconduct) then the law does not allow a person to file for a Judgment of Guilt to be set aside. For a more definitive finding of whether your case allows you to set aside the judgment of guilt, contact our office immediately.
In Arizona, guilty pleas and verdicts are often viewed as the end of the legal process for those charged with crimes. After a jury has made its decision, how can a defendant do anything to help himself? In some cases, however, Arizona law provides a process by which an individual can appeal his or her guilty verdict or plea.
Watch this short video where David explains Arizona Rule 32/33 in Arizona:
Under rule 32/33 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.
Substantive change of law allows for relief to defendants convicted under certain criminal statutes that have since been changed. Recent developments in Arizona statutory law have made this category of rule 32/33 all the more important. A substantial proportion of cases dealing with violent or deadly force fall under the umbrella of “justifiable use of force” cases. In these cases, the defendant does not deny that he committed a violent act but argues that he did so for a justifiable reason, such as the defense of property or of his own life. Until 1997, Arizona law required that prosecutors prove beyond a reasonable doubt that a defendant did not act in a justifiable manner. That is, the burden of proof was on the prosecution to disprove the defendant’s claim of justifiable use of force.
In 1997, the law was changed so that the defendant now had the responsibility to demonstrate that the preponderance of the evidence supported the view that he acted in a justifiable manner. Thus, the burden of proof shifted to the defendant.
Finally, in 2006 the law was changed again, back to the pre-1997 standard. There are a number of cases that arose between 1997 and 2006 in which a defendant who claimed justifiable use of force was judged to be guilty. Under rule 32/33, these guilty defendants may qualify for a post conviction relief petition, which allows a judge to review whether or not the defendant might have received a better outcome under the newer statutes.
A textbook case illustrating this situation is State of Arizona vs Rios, in which the defendant was judged guilty of second-degree murder for an act committed in 2005. The defendant claimed justifiable use of force. After his conviction, state law changed, and the defendant submitted an appeal and was granted a new trial, this time under the post-2006, more lenient self-defense laws.
The Cantor Criminal Arizona Defense Lawyers Team is highly versed in all areas of criminal law. Almost every member of the Cantor Defense Team is a former prosecutor who knows the law and the legal processes. We offer criminal defense services throughout the State of Arizona, including all State, Federal, County and City court jurisdictions.
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 – The Pinnacle of Representation!™
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 DM Cantor, 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 (602) 307-0808.
The Criminal Defense Attorneys on the Cantor Team offer The Pinnacle of Representation!™ 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.
For a free consultation and free case evaluation with one of our Phoenix Criminal Lawyers and Criminal Defense Lawyers, call our 24 hour Phoenix Criminal Defense Lawyers Hotline at 602-307-0808 , or click here for a free consultation on any criminal cases. Our aggressive Criminal Lawyers always offer free consultations for an initial visit with our Phoenix Criminal Defense Attorneys. We are often considered to be the “best Criminal Defense Lawyer”.
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