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Arizona

State Resource Guide

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The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Prosecutorial Review

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions for an acquittal, to vacate the conviction, to withdraw the plea, to be resentenced, or for a new trial based on new evidence or legal errors or misconduct during the proceedings.
  • Victims can receive information about post-trial motions from the district attorney’s office in the county where the crime was prosecuted. A list of prosecuting agencies can be found here.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-trial motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • The Arizona Attorney General usually represents the State in all felony direct appeals. Victims must complete a post-conviction notification request and send it to the Attorney General to receive notification of direct appeal activity. The advocates of the Attorney General’s Office of Victim Services (866-742-4911) will notify registered victims when an appeal is filed, if oral arguments or evidentiary hearings are scheduled, and when decisions are issued. Victims can register to receive decisions in direct appeal proceedings by filling out this form.

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, shortening the amount of time the convicted person must spend in prison, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • In state post-conviction proceedings, the prosecutor who prosecuted the case will represent the State of Arizona. Victims must complete a post-conviction notification request and send it to the original prosecuting attorney to receive notification of state post-conviction activity. A list of county prosecutor offices can be found here. Victims can also register to receive state post-conviction decisions directly from the court by filling out this form.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Arizona law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The Arizona Attorney General usually represents the State in all habeas corpus proceedings. Victims must complete a post-conviction notification request and send it to the Attorney General to receive notification of habeas corpus activity.

Early Release Programs

These programs can include parole, temporary release, or earning “credits.”
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in Arizona, including parole, temporary release to participate in a job or participate in rehabilitative programs, or earning days off their sentences (called “good-time credits”) for good behavior in prison.
  • Victims must complete a post-conviction notification request and send it to the Arizona Department of Corrections, the county sheriff’s office, and the county probation office to receive notification of an incarcerated or supervised individual’s release. Victims can call the DOC Office of Victim Services at 1-866-787-7233 or 602-542-1853 for assistance. Victims can also register through the Victim Information and Notification Everyday (VINE) system for the custody status of an incarcerated person and case information.

Prosecutorial Review

Prosecutors can reconsider the conviction or sentence to be sure it is just.
  • Prosecutors’ offices in Maricopa and Pima counties have established conviction-review units to review past convictions where there are plausible allegations of actual innocence. The Pima office also reviews claims of erroneous sentences. Review is discretionary, and there is no remedy if the unit declines to review a past case.

Clemency

In rare cases, the governor may grant the convicted person relief from their sentence or conviction.
  • The governor can grant clemency to people convicted of felonies under Arizona law. The Board of Executive Clemency helps the governor in this process. Clemency typically takes one of three forms: a pardon (which forgives a conviction), a commutation (which shortens a person’s sentence), or a reprieve (which provides temporary relief from a sentence).
  • Victims must complete a post-conviction notification request and send it to the Arizona Board of Executive Clemency to receive notification about clemency proceedings. The Board of Executive Clemency Victims Unit may be reached at 602-542-5656.

Victims Rights
Post-Conviction

In Arizona, victims have the right to:
  • Be treated with fairness, respect, and dignity, and be free from intimidation, harassment, or abuse throughout the criminal justice process
  • Notification of the timing and outcome of post-conviction and appeal proceedings*
  • Be present and be heard at any proceeding when any post-conviction release is being considered
  • Notification of any proceedings where the convicted individual’s probation is terminated, revoked, or modified*
  • Notification of any conduct by the convicted person that raises substantial concern for the victim’s safety*
  • Notification when a person convicted of a crime is released, discharged, escaped, or has died*
  • Be present at and be informed of all criminal proceedings where the defendant has the right to be present*
  • Have the prosecutor’s office manage any and all communication with the convicted person or their legal representatives
  • Refuse an interview, deposition, or other discovery request by the defendant or their representatives
  • Request redaction of their name from case-related public records
  • Prompt and final conclusion of the case after the conviction and sentence
  • Request and receive prompt restitution and apply for crime victims’ compensation
  • Request a reexamination proceeding to have a court determine if the victim’s rights were violated
  • File a complaint with the Arizona Attorney General’s Office of Victim Services if the victim believes their rights have been violated

 

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the Arizona Victim Compensation Program reimburses eligible victims for expenses related to the crime, such as healthcare, lost wages, and funeral expenses.
  • Victims may contact the Clerk of Court’s Office in the county where the case was prosecuted to ensure that court-ordered restitution is paid. A list of phone numbers for the Clerk of Court’s Office can be found here. The Office of Victims Services for the Arizona Department of Corrections, Rehabilitation & Reentry (ADCRR) also provides victims with assistance in collecting restitution. Victims can access an application and more information about the Arizona Victim Compensation Program online. Victims may apply within two years of the crime.
Click here to learn more about the post-conviction process and victims’ rights in Arizona

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