A motion to vacate is a request asking a court to throw out a judgment and/or conviction of guilt, or sentence. In an Arizona criminal case, this type of motion may be used after judgment when a defendant believes there is a serious legal problem with the conviction or sentence.

A motion to vacate is not the same as an appeal, a motion for a new trial, or post-conviction relief. Each procedure has different deadlines, grounds, and legal requirements.

AZ Defenders helps Arizona defendants review criminal judgments, post-trial motions, appeals, and post-conviction options. 

Call AZ Defenders at (480) 456-6400…
Continue Reading What Is a Motion to Vacate?

If a criminal case is dismissed, it may be reopened or refiled in some situations. The answer depends on whether the dismissal was “with prejudice” or “without prejudice,” whether the statute of limitations has expired, and whether the prosecutor has a legal basis to bring the charges again.

A dismissal can feel like the end of the case, but that is not always true. In Arizona criminal court, some dismissals leave the prosecutor with room to refile charges, while others are meant to end the prosecution permanently.

AZ Defenders helps Arizona defendants understand dismissed criminal cases, the risks of refiling,…
Continue Reading If a Case Is Dismissed, Can It Be Reopened?

Sometimes, a criminal conviction results from a mistake at the trial court level. If this happens, a criminal appeal is a process you can use to seek to correct that error. Examples of the remedies you can seek through a criminal appeal include an acquittal of the charge against you, a new trial, or a new sentencing hearing.

In this article, we cover the basics of how to appeal a criminal conviction for a felony offense in an Arizona Superior Court. Specifically, we will address:

• The difference between a criminal appeal and post-conviction relief
• The time frame in which you

…
Continue Reading How to Appeal a Criminal Conviction in Arizona

Under Arizona’s Rules of Criminal Procedure, you generally have a limited timeframe to file an appeal after being convicted after trial of a criminal offense. For a direct appeal, this is usually only 20 days (for felony cases, 14 for misdemeanor cases) after the trial court enters the judgment and sentence.

But what happens if you miss this deadline? What happens if you discover, years later after your conviction, that evidence exists that could lead to the conviction being vacated, being able to have a new trial, or having your sentence reduced? How long do you have to appeal a…
Continue Reading Can You Appeal a Conviction Years Later in Arizona?

Habeas corpus is a judicial remedy through which, in some cases, you can challenge your confinement by the government. 

To file a writ of habeas corpus, you submit a written petition to the appropriate court — usually a state court first, and then a federal district court once your state remedies are exhausted — that lays out the legal grounds your confinement is unlawful and asks the judge for relief. 

You may already be familiar with the term. Still, many people are unclear about exactly what it means to seek habeas corpus relief, when it may apply, how to petition…
Continue Reading How to File a Writ of Habeas Corpus

Arizona has enacted House Bill 2749, a new law that gives some people with first-time felony convictions a path to have their convictions treated as class 1 misdemeanors. The bill was signed by Governor Katie Hobbs on June 4, 2026, after passing through the Arizona Legislature.  

HB 2749 does not apply to every felony conviction. It creates a narrow second-chance option for certain people convicted of lower-level, non-dangerous felonies who complete their sentence, meet court requirements, and avoid later disqualifying convictions.

What Does HB 2749 Do?

HB 2749 adds a new section to Arizona law, A.R.S. § 13-604.01. Under the…
Continue Reading HB 2749 Becomes Law, Gives a Second Chance to First-Time Felons

In Arizona, using or possessing a fake ID is most often charged as a Class 1 misdemeanor under A.R.S. § 4-241, carrying a maximum penalty of 6 months in jail, a $2,500 fine plus surcharges, and a possible driver’s license suspension. 

When a fraudulent driver’s license is involved, prosecutors can add a Class 2 misdemeanor under A.R.S. § 28-3478. Conduct that goes beyond underage drinking, like manufacturing, altering, or using a fake ID to defraud, can be prosecuted as a felony under A.R.S. § 13-2002 (forgery) or § 13-2006 (criminal impersonation).

Depending on the circumstances, using, manufacturing, selling, distributing, or…
Continue Reading Arizona Fake ID Lawyer

Arizona law makes it illegal for any person under the legal drinking age of 21 to consume alcohol in any quantity. The relevant statute is Arizona Revised Statutes (ARS) Section 4-244(41). A criminal conviction under this minor in consumption (MIC) law is a Class 2 misdemeanor under ARS 4-246(A), which can lead to up to 4 months in jail, up to 2 years of probation, and a fine and surcharges.

AZ Defenders represents Arizona residents charged with alcohol-related offenses, including underage drinking charges. In this blog post, we discuss Arizona’s minor-in-consumption law. 

If you or your child…
Continue Reading Minor in Consumption in Arizona

Money laundering is the process by which illegally obtained funds are converted into “legitimate” funds. The term describes how “dirty” money is moved and disguised to appear “clean,” hence its origin. Both Arizona and federal laws make money laundering illegal.

In this blog post, we focus on Arizona’s money laundering laws. Specifically, we cover:

• How Arizona defines money laundering
• A comparison between Arizona and federal money laundering laws
• Penalties for money laundering in Arizona
• Possible defenses to a money laundering charge under Arizona law

AZ Defenders criminal defense attorneys represent persons charged in Arizona in state and federal court cases,…
Continue Reading Arizona Money Laundering Attorney

In Arizona, fraud can be a civil cause of action, a crime, or both. The Arizona law that makes it illegal to use a fraudulent scheme is Arizona Revised Statutes (ARS) Section 13-2310.

A conviction for criminal fraud in Arizona is a Class 2 felony.

If you have been charged with engaging in a criminal fraudulent scheme in Arizona, the criminal defense lawyers at AZ Defenders can represent you. Call us at (480) 456-6400 at any time, or reach us online to speak with an experienced defense attorney and schedule a free initial case evaluation.

How Does ARS…
Continue Reading Fraudulent Schemes in Arizona: ARS 13-2310

Identity theft is a criminal offense under Arizona Revised Statute 13-2008. It occurs when one person knowingly takes or uses the identity of another person or business for any unauthorized use, or to cause loss to another person, or to obtain or continue employment.

A conviction for identity theft in Arizona is a Class 4 felony that can carry a prison sentence, a six-figure fine, and the loss of certain civil rights. If you have been charged with this serious offense, call AZ Defenders at (480) 456-6400 to speak with an experienced identity theft lawyer. You can also reach us …
Continue Reading Identity Theft in Arizona: ARS 13-2008

Under Arizona law, a person commits kidnapping by knowingly restraining another person with the intent to engage in one of the specific acts listed in A.R.S. § 13-1304. Depending on the circumstances, it can be a Class 4, Class 3, or Class 2 felony.

In some circumstances, kidnapping in Arizona can also be a federal crime.

At AZ Defenders, we defend Arizona residents accused of criminal law violations, including kidnapping charges. 

This blog post covers Arizona’s kidnapping law, Arizona Revised Statutes (ARS) Section 13-1304. In it, we discuss:

• How Arizona law defines kidnapping
• How kidnapping can be a

…
Continue Reading Kidnapping in Arizona: ARS 13-1304

Under Arizona law, knowingly restraining another person can subject you to a charge of unlawful imprisonment. Unlawful imprisonment is sometimes informally referred to as “false imprisonment,” although false imprisonment more commonly refers to a related civil claim. 

Depending on the circumstances, a conviction of unlawful imprisonment can be a Class 6 felony or a Class 1 misdemeanor.

At AZ Defenders, we represent Arizona residents charged with criminal offenses, including unlawful imprisonment. In this blog post, we cover:

• How Arizona law defines unlawful imprisonment, including examples of what unlawful imprisonment is and exceptions to the law
• Legal penalties for

…
Continue Reading Unlawful Imprisonment in Arizona: ARS 13-1303