How to Appeal Your Colorado Criminal Conviction

Were you recently convicted of a criminal offense in Colorado? If so, you may want to appeal immediately — especially if you are facing a sentence that includes a period of incarceration. An appeal, as you may already know, is a request that a higher court review the decision of the lower court in which you were convicted of a criminal offense. However, appeals are not available for every single criminal case in Colorado. Rather, an issue must exist that gives rise to an appeal for a misdemeanor or felony conviction in the state. In addition, the material that a higher court can review will depend on the nature of the appeal.

Accordingly, the steps for appealing your conviction will depend on factors that are specific to your case. Our Denver appeals lawyers can provide you with more general information below, and then we can speak with you directly about the details of your conviction and options for moving forward with an appeal.

When Can I Appeal a Criminal Conviction? 

Generally speaking, there are only a few reasons that a person who has been convicted of a criminal offense in Colorado can appeal the conviction. Those reasons include the following:

• Legal error was made (in other words, the court made a legal error during the case, such as improper jury instructions, or the judge made an error in a particular motion or entry of specific evidence);
• Misconduct occurred (such as juror misconduct, or misconduct in another aspect of the case); or
• Ineffective assistance of counsel (also known as a Rule 35(c) motion).

Any appeal is considered a form of post-conviction relief. By filing a motion for post-conviction relief based on the nature of your appeal, you may be able to have your conviction reversed entirely, you may be eligible to be re-sentenced (resulting in a new and different sentence), or the higher court may in some cases order a new trial. When a reviewing court orders the lower court to reconsider your case entirely or an aspect of it — that is, when the appeals court sends your case back to the lower court — this is known as “remanding” the case. The higher court reviewing the lower court’s decision can also decide to uphold the lower court’s ruling, resulting in no change to the outcome of your original case.

Which Court Will Hear My Appeal?

The court where you will seek post-conviction relief will depend on the court where you were convicted. If you were convicted in a county court, then the Colorado District Court will be the appeals court. The Colorado Court of Appeals reviews cases that come from Colorado District Court, which are typically felony convictions.

Timing for Your Appeal

You will likely have only 35 days following the final decision in your case to file a Notice of Appeal & Designation of Record. You will need to file other forms, too, which your appeals lawyer can assist you with. As such, you need to move quickly if you do have grounds for an appeal.

Contact a Denver Criminal Defense and Appeals Lawyer Today to Find Out About Your Eligibility for an Appeal

If you were convicted of a criminal offense in Colorado and believe that you have grounds for appeal, it is critical to seek legal help as soon as possible. Appeals must be initiated quickly, and you will want to have an attorney on your side for this complex process. One of the experienced Denver criminal defense and appeals lawyers at DeChant Law can discuss the details of your case with you today, including your eligibility to move forward with an appeal. Whether you may be eligible for an appeal based on an error or misconduct, we can begin working with you on your appeal. Contact our firm to learn more about how we can assist you.

Source:

coloradojudicial.gov/court-appeals