Domestic Violence

questions & answers

Question: My husband recently took a plea agreement and though he was signing for disorderly conduct. Once we got the paperwork home it indicates that it is domestic violence. There is also several other items on the form that were not told by us by the prosecutor. Can we appeal? Both "victims" in this case were trying to call an ambulance, not the police. They have both written letters stating that they were never in any danger and told the police that evening when they came. Also, the defendant signed the plea just hours after leaving the hospital.We feel duped into taking this plea.

Answer: There is a 90 day appeal deadline from the date of the sentencing to file what is called a Rule 32 appeal. It refers to Rule 32 of the Arizona Rules of Criminal Procedure, and there are certain bases that allow for an appeal. I would recommend reviewing this rule and determining if there is a basis to appeal.

Comments:

QUESTIONS

  • My husband recently took a plea agreement and though he was signing for disorderly conduct. Once we got the paperwork home it indicates that it is domestic violence. There is also several other items on the form that were not told by us by the prosecutor. Can we appeal? Both "victims" in this case were trying to call an ambulance, not the police. They have both written letters stating that they were never in any danger and told the police that evening when they came. Also, the defendant signed the plea just hours after leaving the hospital.We feel duped into taking this plea.

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
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    866-553-0893
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