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Arizona Parole, Probation, Work Release & Community Service All information relating to parole, probation, work release and community service in the State of Arizona.

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Old 11-21-2006, 09:22 PM
Cry.case Cry.case is offline
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Question Rule 32 - What is it and how does it work?

My DH has been given the max 6 month sentence for a (misdemeanor domestic violence) probation violation and has tried damn near everything to get his time reduced, to no avail. Another cellie told him to try a "rule 32". What is this, how does this work, and how can we BEAT this thing?? (He was not entitled to defense and we can't afford 1500 for a REAL lawyer!) Thanx.
Lisa
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Old 11-21-2006, 09:54 PM
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Rule 32 is for post conviction relief. I understand that it is only available if you can provide new evidence, or something that has been changed in the case that wasnt presented at the trial. Its also only available for a short time, like 30 or 90 days after sentencing or something like that. You might contact a lawyer and just ask for advice on it, because thats all I really know about it. Good luck!

Aimee
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Old 11-22-2006, 12:19 PM
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He can request the paper work for a rule 32, but by the time it goes through he will be home. Me personally I would leave it be. My Hubbie got sentenced 2.5 years for a Technical Violation and we were going to go this route, but after talking with Lawyers we decided not to.
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Old 01-29-2007, 02:05 PM
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Rule 32 is for ineffective counsel. It is used to go after your attorney if they did not represent you sufficiantly during your trial. My boyfriend is in the middle of filing to try and get his case thrown out.
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Old 02-01-2007, 07:55 PM
bluesapphires4 bluesapphires4 is offline
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Rule 32 has nothing to do with ineffective counsel.

It is like Aimee says his post conviction relief with the court he was sentenced at. And as you were told, by the time he wrote it, filed it and gets an answer his sentence will be about over with.
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Old 02-02-2007, 02:00 PM
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ok I feel dumb. You are right. I'm not sure where I got that from. Thanks for the correction.
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Old 02-02-2007, 09:37 PM
bluesapphires4 bluesapphires4 is offline
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Lovinmydrummer, don't feel dumb, believe me, all of us had to learn the process of the appeal process. And there are a lot of different Rules out there for the Criminal Law.
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