Am I Eligible for a Direct Appeal?
If you were recently convicted of a criminal offense in Colorado, you may be eligible to file an appeal. An appeal is, in effect, where you ask a higher court to review the decision of the court in which you were convicted. After a misdemeanor or a criminal conviction, a defendant may be eligible to file an appeal, but it is important to note that misdemeanor and felony appeals processes work a bit differently from one another. Appeals are a form of post-conviction relief, and there are different types of appeals according to Colorado law. One type of appeal that can occur under Colorado law is known as a “direct appeal.” What is a direct appeal, and how can you know if you are eligible for this type of appeal? Our Colorado appeals lawyers can explain in more detail.
Appeal Versus 35(c) Motion Ineffective Assistance of Counsel Motion
First, in order to understand what is involved in a direct appeal and how you can seek one, it is important to understand the differences between an appeal and a 35(c) motion in Colorado. Both are forms of post-conviction relief, but they involve review in different courts. A 35(c) post-conviction motion will typically be reviewed by the same court in which your case was initially heard and in which you were convicted. Differently, an appeal will ask a higher court to review something that occurred during your case in the lower court.
Defining a Direct Appeal
Under CRS 16-12-203(1), a direct appeal is defined as “the appeal to the Colorado supreme court of any issues raised at the entry of a guilty plea, before trial, at trial, at the penalty phase hearing, or in a motion for a new trial.”
This definition is important because it makes clear that an appeal can be based on information that arose at nearly any point of the criminal proceeding. In addition, it clarifies that you can be eligible for a direct appeal regardless of whether you were convicted by a judge or jury, or accepted a guilty plea.
Reasons for a Direct Appeal
Anyone who is convicted of a criminal offense is typically permitted one appeal, but there are a wide range of legitimate reasons for direct appeals that can be based on errors of fact or errors of law made by the lower court. The nature of the appeal will determine how the higher court reviews the case, and whether any additional information can be provided at the time of the appeal.
Contact a Denver Appeals Lawyer for Assistance Today
Do you have questions about appealing a criminal conviction? If so, it is important to seek advice from an experienced Denver appeals lawyer at DeChant Law as soon as possible. Most appeals need to be filed very quickly after a conviction — typically within just 49 days of sentencing. As such, you will need to file your notice of appeal as quickly as you can with assistance from an attorney. Contact DeChant Law today to find out more about how we can assist you with your appeal.
Source:
codes.findlaw.com/co/title-16-criminal-proceedings/co-rev-st-sect-16-12-203/
