Denver Ineffective Assistance of Counsel Lawyer (Rule 35(c) Motions)

In Denver, Colorado, defendants who believe their criminal conviction resulted from ineffective assistance of counsel have a critical opportunity to challenge the outcome through a Rule 35(c) motion. Under Colorado Rules of Criminal Procedure Rule 35(c), individuals convicted of crimes can seek post-conviction relief by alleging constitutional violations, particularly ineffective representation. Claims of ineffective assistance of counsel frequently form the core of Rule 35(c) motions, offering a second chance at justice for those wrongfully convicted or unfairly sentenced due to poor legal representation.

This comprehensive guide explains Rule 35(c) motions, outlines Colorado’s standards for ineffective assistance claims, provides essential details about the filing process, answers common FAQs, and explains how Denver criminal appeal lawyers at DeChant Law can help you secure post-conviction relief.

What Is a Rule 35(c) Motion in Colorado?

Colorado Rule 35(c) provides defendants convicted in Denver the ability to challenge their conviction or sentence after the direct appeal process has concluded. Unlike direct appeals, a Rule 35(c) motion allows defendants to present new information or claims not initially available during the original trial or appeal. Most commonly, these motions focus on constitutional violations, including ineffective assistance of counsel.

A successful Rule 35(c) motion can result in a new trial, vacated conviction, reduced sentence, or even dismissal of charges altogether.

Understanding Ineffective Assistance of Counsel Claims

One of the most common and effective uses of Rule 35(c) motions involves claims of ineffective assistance of counsel. The Sixth Amendment to the U.S. Constitution guarantees every defendant the right to effective legal representation. Ineffective assistance occurs when a defense attorney’s performance falls significantly below a reasonable standard, directly impacting the outcome of the trial or sentencing.

Examples of ineffective assistance include:

Failure to adequately investigate the case or interview critical witnesses
Not presenting crucial evidence favorable to the defendant
Missing key legal deadlines, motions, or filings
Misadvising the defendant regarding plea deals
Failing to object to improper evidence or procedural errors
Not adequately explaining legal options, defenses, or consequences

If these failures can be shown to have materially affected the outcome of your case, you may have a strong basis for a successful Rule 35(c) motion.

The Legal Standard for Proving Ineffective Assistance of Counsel in Denver

Colorado courts utilize the standard established by the U.S. Supreme Court in Strickland v. Washington to determine whether ineffective assistance occurred. Under the Strickland test, two elements must be satisfied:

Deficient Performance:
Your attorney’s actions or omissions fell below an objective standard of reasonableness, given the circumstances of your case.
Prejudice:
This deficient performance directly affected the outcome of your trial or sentencing. In other words, you must demonstrate a reasonable probability that without your attorney’s mistakes, the result would have been different.

Meeting these standards requires experienced, skilled legal representation familiar with Colorado courts, appellate processes, and post-conviction litigation.

Filing a Rule 35(c) Motion for Ineffective Assistance of Counsel in Denver

When filing a Rule 35(c) motion in Denver, procedural accuracy and timeliness are critical:

Steps in Filing:

Retain Experienced Post-Conviction Counsel:
Engage an attorney experienced in Rule 35(c) motions to thoroughly evaluate your case.
Case Review & Investigation:
Your attorney reviews the trial record, identifies ineffective counsel issues, gathers affidavits, investigates new evidence, and determines the viability of your claim.
Prepare the Motion:
The motion explicitly details claims of ineffective assistance, supported by evidence, legal arguments, and specific instances demonstrating deficient performance and resulting prejudice.
File Motion in Original Trial Court:
The motion must be filed in the same court where your original conviction occurred.
Court Review and Hearing:
The court evaluates the claims, possibly conducting an evidentiary hearing, during which witnesses, including your former attorney, may testify.
Court Decision:
After evaluating evidence and arguments, the court determines if relief is appropriate. Outcomes may include a new trial, vacating the conviction, or sentence modification.

Time Limits for Filing Rule 35(c) Motions

Colorado imposes strict time limitations for Rule 35(c) filings. Generally, defendants must file the motion within three years after exhausting all direct appeals. However, Colorado law permits exceptions if you can show justifiable reasons for delay or discovery of new evidence. Prompt consultation with experienced counsel is essential to ensure compliance and maintain your right to post-conviction relief.

Possible Outcomes of a Successful Rule 35(c) Motion

If your Rule 35(c) motion alleging ineffective assistance of counsel succeeds, potential outcomes include:

New trial: The court may order a new trial where the original conviction is set aside, allowing for fresh legal proceedings.
Sentence Reduction: Courts can order a new sentencing hearing or directly reduce your sentence.
Vacated Conviction: Complete dismissal of charges if ineffective assistance significantly impacted the outcome.
Negotiation of Better Plea Deals: A successful motion may enable you to negotiate a new plea arrangement.

FAQs About Rule 35(c) Motions & Ineffective Assistance Claims

What is the primary purpose of a Rule 35(c) motion?
To challenge convictions or sentences due to constitutional violations, such as ineffective legal representation.

Can I file a Rule 35(c) motion after losing a direct appeal?
Yes, Rule 35(c) specifically provides a path for relief after appeals have been exhausted.

Do I need an attorney for a Rule 35(c) motion?
Although not legally required, an experienced attorney is essential to effectively present claims and evidence.

What constitutes ineffective assistance?
Inadequate legal representation negatively affecting the trial outcome or sentence, such as failing to present evidence or witnesses, or giving poor legal advice.

How long do I have to file a Rule 35(c) motion?
Typically, within three years of exhausting direct appeals, although exceptions exist.

Is an evidentiary hearing always granted?
No, but courts often schedule hearings when claims of ineffective assistance require further evidence or testimony.

What happens during a Rule 35(c) evidentiary hearing?
Attorneys present evidence, witness testimony, and legal arguments to demonstrate ineffective counsel and prejudice.

Can my original attorney testify at the hearing?
Yes, original defense counsel often provides testimony regarding their actions or decisions.

Will filing a Rule 35(c) motion always overturn my conviction?
Not always, but a strong, well-supported motion significantly increases the possibility.

Can I appeal if my Rule 35(c) motion is denied?
Yes, you have the right to appeal the denial to higher courts.

Serving Throughout Denver, CO

Cherry Creek
Capitol Hill
Highlands
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Five Points
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Washington Park
Baker
Sloan’s Lake
Uptown

How DeChant Law Can Help with Your Denver Rule 35(c) Motion

Successfully challenging a conviction through Rule 35(c) motions demands experienced legal representation skilled in identifying ineffective counsel and constitutional violations. DeChant Law’s attorneys specialize in post-conviction relief, thoroughly analyzing your case, preparing compelling motions, and presenting strong evidence supporting your claims of ineffective assistance.

From initial review to evidentiary hearings and potential appeals, we aggressively advocate for your constitutional rights and strive to secure the best possible outcomes. When your freedom and future are at stake, you need committed, knowledgeable advocates on your side.

If you believe ineffective assistance of counsel affected your case outcome in Denver, contact DeChant Law immediately for a confidential consultation and dedicated representation in your Rule 35(c) motion.