Prosecutorial Misconduct And Appeals

Summary

In Arizona, a prosecuting attorney cannot present false evidence, as it constitutes prosecutorial misconduct. If convicted based on false evidence, you can appeal or file for post-conviction relief under Arizona Rule 32, citing newly discovered evidence or constitutional violations. If your appeal is denied, consider a federal habeas corpus petition for constitutional rights violations. When suing for constitutional rights violations by an officer, serve both the officer and the police department. An intent to sue letter should be sent before filing a lawsuit, notifying parties of your claims.

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My sons mother pressed charges for violating a court order stating she tried contacting me. When she never tried to contact me. Her husband did and there isnt a court order stating i have to respond to him. The prosecuting attorney presented the husband's text messages and claims they are authentic text messages from the victim

It sounds like a serious situation. If the prosecuting attorney presented false evidence, you may have grounds to challenge it. Have you considered hiring a lawyer to address this issue? They can better assist you with gathering evidence and potentially getting the charges dismissed. Would you like help finding a local attorney?

I was already found guilty of domestic violence

I'm sorry to hear about your situation. Even if you've already been found guilty, you may still have options. You can appeal the decision or file a motion for a new trial based on the presentation of false evidence. Would you like more information on how to proceed with an appeal or new trial?

I had filed an appeal but i dont think its going to go my way since the prosecuting attorney is corrupt. If my appeal is denied. Would i be able to challenge the decision further

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In Arizona, after an appeal is denied, you can potentially challenge the decision further by:
- Filing a petition for post-conviction relief.
- Filing a writ of habeas corpus in federal court if constitutional rights were violated.
Would you like more information on post-conviction relief or habeas corpus petitions?

Yes please

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Would you like to be connected to local lawyers who can better assist you with your case?

Could you tell me more information about post conviction relief and habeas corpus

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Sure, here is some information:

Post-Conviction Relief in Arizona:
- You can file under Arizona Rule * after your direct appeal is denied.
- Grounds include newly discovered evidence, constitutional violations, or ineffective assistance of counsel.
- Must be filed within 90 days of the final order in the appeal.

Habeas Corpus:
- A federal petition can be filed if you believe your constitutional rights were violated.
- Must exhaust all state remedies first.
- Typically involves issues like denial of fair trial or ineffective assistance of counsel.
Would you like to be connected to local lawyers who can better assist you with your case?

If my constitutional rights were violated during trial. If my appeal is denied would it be better to file habeas corpus

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If your constitutional rights were violated during your trial, filing a writ of habeas corpus in federal court might be a strong option after your appeal is denied. It allows you to challenge the legality of your detention on constitutional grounds.
Would you like to be connected to local lawyers who can better assist you with your case?

When serving an intent to sue for an officer violating my constitutional rights would i serve the station where the officer works or would i serve the officer too

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In Arizona, when suing for a violation of constitutional rights by an officer:
- Serve the officer directly.
- Also serve the police department or station where the officer works.
Would you like more detailed information or assistance with this process?

Would i do an intent to sue letter before actually suing the police department and the officer

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Yes, in Arizona, you should send an intent to sue letter before actually suing the police department and the officer. This letter notifies the parties involved of your intention to sue and gives them a chance to resolve the issue out of court.
Would you like more details on how to draft an intent to sue letter or any other help?

Would i make two separate intent to sue letters

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You would typically send one intent to sue letter to both the officer and the police department. This letter should clearly outline your claims and the basis for your lawsuit.
Would you like more details on how to draft the intent to sue letter?

So the same letter, one to the officer directly and one to the commander or who

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You would send the same letter to both the officer directly and the police department/commander. The letter should clearly outline your claims and the basis for your lawsuit.
Would you like more details on how to draft this letter?

Prosecutorial Misconduct And Appeals

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