An issue that comes up fairly often in probation revocation cases in Alabama is the use of hearsay evidence. Criminal defense lawyers often get confused about the role of hearsay in a probation revocation hearing because hearsay evidence is admissible. While hearsay is inadmissible in most settings, a judge has the discretion to listen to […]
When a cop lies in court, do trial judges and appellate courts let them get away with it? It appears that in many cases, the answer is yes. Unless it is absolutely proven that the cop was lying, trial judges usually put their rubber stamp on what the cop says. When the case goes up […]
The United States Supreme Court recently held that an attorney’s duty to provide effective assistance of counsel includes the responsibility of providing accurate advice about the immigration consequences of a guilty plea. Providing incorrect legal advice to an immigrant about the deportation consequences of a guilty plea to drug trafficking charges constitutes ineffective assistance of counsel, and can serve as grounds for setting aside a guilty plea. In Alabama, such a petition would be raised under Rule 32 of the Alabama Rules of Criminal Procedure, which provides Alabama’s method for asserting that a defendant received ineffective assistance of counsel.
In recent weeks, our office has been contacted more and more by people looking for information about filing a claim against their attorney under Rule 32 of the Alabama Rules of Criminal Procedure. Not to be confused with Rule 32 of the Alabama Rules of Judicial Administration which deals with child support, Rule 32 of the Alabama Rules of Criminal Procedure provides a method for defendants to challenge their conviction in a trial court. It is normally filed after a defendant has already lost his or her direct appeal of a conviction, though appealing a conviction is not mandatory before filing a Rule 32 petition in most cases.
We have posted several articles about Rule 32 petitions on this blog, but we have not previously posted a copy of Rule 32 itself. Since so many people seem to be looking for information about Rule 32 petitions, we thought it would be useful to place a copy of the rule itself on our website.
The following is a copy of Rule 32 in it’s entirety, including all of the subsections of the Rule and the committee comments issued concerning the Rule. The general form which the rules say a petition should follow is also included in an appendix to the rule. For more information about filing a Rule 32 petition in your own case, please call me at (800) 737-3702 Extension 1 or fill out the Contact form on our site to send me an email message online.
Image via Wikipedia Nancy Willard, director of the Center for Safe and Responsible Internet Use, has published an article on the Center’s website addressing the subject of Sexting and Youth: Achieving a Rational Approach. Among the issues addressed in the article is how children are now being prosecuted for distributing child pornography when they take […]
This is the second in a series of articles on using Rule 32 of the Alabama Rules of Criminal Procedure to set aside a guilty plea. To read Part 1, click here. A defendant who enters an involuntary or coerced guilty plea has the right to petition the court to set aside his plea and […]
One of the most amazing aspects of the practice of criminal defense law is the number of people who would never be arrested if they simply exercised their right to remain silent. Even after being advised of their Miranda warnings and knowing they don’t have to say anything, many people still cannot resist running their […]
Many people are familiar with using Rule 32 of the Alabama Rules of Criminal Procedure to attempt to obtain a new jury trial in Alabama after being convicted in a criminal trial. Not as many people are aware that, in some limited circumstances, Rule 32 may also be used to set aside a conviction after […]