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    Speak Up! - View Question #16003

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    Question: How do I file a rule 32 petition?

    Answer: Rule 32 is an Arizona Rule of Criminal Procedure – part of the rules followed by Arizona Courts to make sure a person’s rights are followed. This rule allows a person to seek post-conviction relief (another Court’s ruling), where it’s not a direct appeal issue or where a person changed their plea from guilty to not-guilty and is not eligible to appeal.

    If it is an appeal in a criminal case, then they have until 30 days after the mandate affirming the judgment and sentence in the appellate court to raise a Rule 32 issue. If the case isn't appealed or if the defendant can't file a direct appeal because they changed their plea, they have 90 days after sentencing to file the Notice of Post-Conviction Relief in the Superior Court that sentenced them. The Notice of Post-Conviction Relief form is found in the form section of the Rules of Criminal Procedure. Most jails and public defender offices have them also.

    Caution: If you file a Rule 32 petition and fail to list every reason why you are seeking relief, you give up the right to raise that reason later.

    Definition of Plea:  A defendant's statement of guilty or not guilty about the charges against them.

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