Denver Criminal Appeal Lawyer

There are a lot of things right with our criminal justice system, namely that every person is innocent until proven guilty. However, there are a lot of wrong things with our criminal justice system as well, namely that countless innocent people get sent to prison or convicted of crimes that they did not commit. If you were wrongly convicted or the court made serious errors handling your case, you have a right to appeal the court’s or the jury’s decision. Here at DeChant Law, we represent victims caught up in the failings of the criminal justice system in their attempts to clear their name. We never stop fighting for the rights of our clients, and Denver criminal appeal lawyer Reid DeChant has a sterling reputation when it comes to preparing briefs and creating victorious legal arguments in appellate court.

• DMV Appeals
• Ineffective Assistance of Counsel (Rule 35(c) Motions)

Challenging Your Conviction or Sentence

In Denver, Colorado, a criminal conviction can dramatically impact your life, affecting your freedom, reputation, career prospects, and personal relationships. However, a guilty verdict or sentence isn’t always the final word. If your trial involved legal errors, constitutional violations, improper procedures, or ineffective assistance of counsel, you have the right to challenge the conviction through a criminal appeal. Denver criminal appeals provide a critical opportunity to overturn wrongful convictions, correct unfair sentences, and safeguard your rights and freedom.

A criminal appeal is a legal process allowing a higher court to review the decisions made during your trial or sentencing. Appeals are not new trials. Instead, they focus exclusively on whether legal errors or constitutional violations occurred during your original proceedings.

Successful criminal appeals in Denver may result in your conviction being overturned, your sentence being reduced or vacated, or a new trial ordered.

When Should I Appeal?

There are generally two scenarios in which you should appeal the court’s decision. The first is if you were wrongly convicted of a crime that you did not commit or if you believe the prosecution did not present sufficient evidence to sustain a conviction. The second is if the judge misinterpreted the law and improperly denied or granted a motion that affected the outcome of your case. It is important to appeal your criminal case as soon as possible, because in Colorado you only have 49 days after judgment to file a Notice of Appeal and Designation of Record with the court. C.A.R.(b)(1) Appeals in Criminal Cases.

How Long is The Criminal Appeals Process?

Once you have filed the initial Notice of Appeal, your attorney has 21 days to submit an opening brief to the district court. The district court lawyer then has 21 days to respond with an answer brief. You and your attorney then have 14 days to submit your response to the answer brief. However, the Government often asks the court for more time to respond, as there is just one appellate court in the state of Colorado, and there are hundreds of appeals that judges have to consider. As such, the criminal appeals process takes months, if not years.

What Are My Chances of Success?

There are certainly no guarantees when it comes to appealing a court’s ruling. However, the more glaring the mistakes in the initial trial, the better your chances are of having the ruling overturned. If you do not succeed in appellate court, you may be able to appeal to a higher court, such as the Colorado Supreme Court. If you have a case worthy of pushing to that level, we are more than willing to continue fighting for justice and your freedom all the way to the Supreme Court. However, at DeChant Law we offer transparent advice, and you should know that winning an appeal is an uphill battle.

Common Grounds for Criminal Appeals in Colorado

Denver criminal appeals often arise from errors or issues, such as:

• Legal Errors by the Trial Court:
  • Incorrect jury instructions
  • Improper admission or exclusion of evidence
  • Misinterpretation or misapplication of the law
• Prosecutorial Misconduct:
  • Withholding critical evidence favorable to the defendant (Brady violations)
  • Misconduct during trial or jury selection
• Judicial Errors:
  • Improper sentencing, incorrect jury instructions, or bias
• Ineffective Assistance of Counsel:
  • Poor representation significantly affecting the outcome
• Insufficient Evidence:
  • Conviction based on inadequate or faulty evidence presented at trial

Identifying these grounds requires thorough legal review from experienced criminal appeals attorneys familiar with Denver courts and appellate procedures.

The Criminal Appeals Process in Denver

Filing a criminal appeal in Denver involves specific legal steps and strict adherence to court timelines:

Step 1: Filing the Notice of Appeal

Following a conviction, you must file a Notice of Appeal within 49 days of sentencing. This formal notice is filed with the trial court and initiates the appellate process.

Step 2: Record Preparation

The appellate court receives trial records, including transcripts, exhibits, pleadings, and motions. Your appellate attorney carefully reviews these records to identify errors, constitutional violations, and appealable issues.

Step 3: Briefing the Appeal

Your appellate attorney prepares and files a detailed opening brief outlining legal arguments and specifying errors committed during trial. The prosecution then submits a response brief, and your attorney can file a reply brief.

Step 3: Oral Argument

Oral argument is sometimes scheduled, allowing your attorney to present arguments directly to appellate judges. Not all cases require oral arguments; judges may decide based solely on written briefs.

Step 4: Appellate Court Decision

The Colorado Court of Appeals or Colorado Supreme Court issues a decision. Possible outcomes include affirming the conviction, reversing the conviction, reducing the sentence, or ordering a new trial.

Step 5: Further Appeals

If the initial appeal fails, you may request further review by the Colorado Supreme Court or file a Rule 35(c) motion for post-conviction relief in district court.

Understanding Colorado’s Appellate Courts

Denver criminal appeals are typically heard by the Colorado Court of Appeals, located in Denver. The Colorado Supreme Court reviews select appeals, particularly serious felony cases, constitutional issues, or cases presenting significant legal questions.

Understanding appellate procedures, judges’ preferences, and the specific legal standards applied by each court requires experienced appellate counsel familiar with Colorado appellate practice.

Grounds for Ineffective Assistance of Counsel Claims in Criminal Appeals

A frequently used and successful ground for appeals in Denver involves ineffective assistance of counsel. Under Strickland v. Washington, you must demonstrate:

• Deficient Performance: Your attorney’s representation fell significantly below reasonable standards.
• Prejudice: There is a reasonable probability that the trial outcome would have been different if counsel’s errors had not occurred.

Common examples of ineffective assistance include:

• Failure to investigate crucial evidence or witnesses
• Misadvising about plea bargains or trial decisions
• Missing critical objections or failing to preserve issues for appeal
• Errors during jury selection or trial proceedings

If ineffective assistance occurred, a successful appeal may lead to a new trial or sentencing relief.

Penalties That Can Be Challenged in Criminal Appeals

Colorado courts can impose severe penalties upon conviction, including lengthy prison sentences, significant fines, mandatory parole, probation, and lifetime consequences such as registration requirements or loss of certain rights. A successful criminal appeal can challenge these penalties and potentially result in:

• Overturned conviction
• Reduced sentence
• Modified probation or parole terms
• New trial with opportunities for acquittal or reduced charges

Key Laws Relevant to Criminal Appeals in Colorado

Appeals rely heavily on interpreting applicable statutes and case law, including:

• Colorado Rules of Criminal Procedure (Rule 32 and Rule 35): Governs sentencing, post-conviction motions, and time frames for appeals.
• Colorado Appellate Rules (C.A.R.): Define procedures for filing, briefing, and oral arguments in appeals.
• Colorado Revised Statutes (Title 16): Covers procedural guidelines for criminal trials, sentencing, and appeals.

Criminal Appeals Timelines and Deadlines in Colorado

Adhering to strict timelines and deadlines is essential:

• Notice of Appeal: Must be filed within 49 days of sentencing.
• Briefing Schedule: After filing, opening briefs are due typically within 42 days; reply briefs follow specific deadlines.
• Further Appeals: Petitions to the Colorado Supreme Court must be filed promptly after appellate decisions (usually within 42 days).

Missing deadlines can result in losing the right to appeal entirely, making prompt legal representation critical.

Denver Criminal Appeals FAQs

What is a criminal appeal in Colorado?
A legal process challenging convictions or sentences based on errors occurring during the trial or sentencing.

Can new evidence be introduced on appeal?
Generally, no. Appeals rely solely on evidence and records from the original trial.

How long do I have to appeal my conviction?
You must file a Notice of Appeal within 49 days of sentencing.

Can I remain out of custody while appealing?
It’s possible, but typically depends on the seriousness of the crime and judge’s discretion.

What happens if my appeal is successful?
Your conviction could be overturned, a new trial ordered, or your sentence modified or reduced.

Do I need a lawyer for a criminal appeal?
Although not legally required, effective appellate representation is crucial for success.

Can I appeal my sentence separately from my conviction?
Yes, sentences can be appealed independently if deemed unjust or improperly calculated.

How long does the appellate process take in Colorado?
Appeals typically take several months to a year or longer, depending on complexity.

Do I get a new trial during an appeal?
No, appeals review trial errors, but a successful appeal can result in a new trial.

What if my direct appeal fails?
You may pursue post-conviction relief (Rule 35(c)) or petition the Colorado Supreme Court.

Can I file an appeal without a lawyer?
Yes, but effective appeals require experienced appellate counsel due to complexity.

Can I appeal a plea bargain conviction?
Usually only under limited circumstances, such as involuntary pleas or ineffective counsel.

Serving Throughout Denver, CO

• Cherry Creek
• Capitol Hill
• Highlands
• LoDo (Lower Downtown)
• Five Points
• Stapleton
• Washington Park
• Baker
• Sloan’s Lake
• Uptown

How DeChant Law Can Help with Your Denver Criminal Appeal

A criminal conviction is not necessarily final. DeChant Law specializes in representing clients in criminal appeals throughout Denver and Colorado, providing detailed analysis of your trial record, identifying strong appellate issues, and crafting compelling arguments. Our experienced appellate attorneys are deeply familiar with Colorado courts, appellate procedures, and successful defense strategies, positioning us to effectively advocate for overturning wrongful convictions, reducing unjust sentences, or securing new trials.

Sadly, juries and courts get things wrong more often than we would like to admit. Both are made of humans, after all. Fortunately, the appellate courts serve as a safety net for wrongly convicted individuals. We carefully handle every stage, from initial appeal filings through oral arguments and potential higher-level appeals. When your freedom and future hang in the balance, you need attorneys dedicated to aggressive representation and unwavering advocacy.

If you’re considering appealing your criminal conviction or sentence in Denver, contact DeChant Law immediately for a confidential consultation. Let us fight to restore your rights and deliver the justice you deserve. Call the lawyers at DeChant Law today at 303-409-7500 for a free case evaluation.