Grand Junction Criminal Appeals Lawyer
A criminal conviction in Grand Junction, Colorado, is not necessarily the end of the legal process. Defendants have the right to appeal if they believe legal errors affected the fairness of their trial or sentencing. The criminal appeals process is complex and requires a thorough understanding of legal procedures, statutes, and court rulings. Understanding how appeals work, the relevant laws, and contacting an experienced Grand Junction criminal appeals lawyer can help individuals navigate this challenging process.
How the Criminal Appeals Process Works
Criminal appeals follow a structured process that requires legal precision and strong advocacy. Here are the main steps involved:
Filing a Notice of Appeal
The first step in appealing a conviction is filing a notice of appeal with the appropriate appellate court. In Colorado, this must be done within 49 days of sentencing. Missing this deadline can result in the loss of appeal rights.
Reviewing the Trial Record
Once an appeal is initiated, the appellate court examines the trial record, including transcripts, evidence, and court rulings. The appellant’s attorney reviews these materials to identify legal errors that may have affected the trial’s outcome.
Submitting Legal Briefs
Both parties submit legal briefs outlining their arguments. The appellant’s brief presents errors made during the trial, such as judicial mistakes, prosecutorial misconduct, or ineffective assistance of counsel. The appellee’s brief defends the conviction and argues that the trial was fair.
Oral Arguments
In some cases, the appellate court schedules oral arguments where both sides present their positions. Judges may ask questions to clarify specific legal points before reaching a decision.
Court Decision
The appellate court reviews the case and issues a ruling. It may affirm the conviction, reverse it, order a new trial, or modify the sentence. If an appeal is denied, the defendant may seek further review from the Colorado Supreme Court.
Relevant Laws Governing Criminal Appeals in Colorado
Several laws and legal principles guide criminal appeals in Grand Junction and throughout Colorado. These include:
- Colorado Appellate Rules (C.A.R.) – Governs the procedures for filing appeals, including deadlines and document requirements.
- Colorado Revised Statutes (C.R.S.) 18-1-410 – Details post-conviction relief options, including appeals based on constitutional violations or newly discovered evidence.
- Rule 35(c) Motion – Allows defendants to seek post-conviction relief based on ineffective counsel, prosecutorial misconduct, or other fundamental errors.
- Double Jeopardy Protections (Fifth Amendment & Colorado Constitution) – Prevents a defendant from being tried twice for the same offense.
- Habeas Corpus Petitions – A final legal remedy in federal court if all other appeals fail, challenging unlawful imprisonment.
10 Common Criminal Defense FAQs
1. Can I appeal any criminal conviction?
Not all convictions can be appealed. Appeals are usually granted if there were legal or procedural errors that affected the trial’s fairness.
2. How long does an appeal take?
Criminal appeals in Colorado can take several months to over a year, depending on the complexity of the case and court schedule.
3. Can new evidence be introduced in an appeal?
Appeals generally focus on reviewing legal errors in the original trial, not presenting new evidence. However, newly discovered evidence may be considered under a Rule 35(c) motion.
4. What happens if my appeal is denied?
If an appeal is denied, you may file a petition for rehearing, appeal to the Colorado Supreme Court, or seek post-conviction relief.
5. Will I stay in jail during the appeal process?
It depends on the case. Some defendants may be released on bail while their appeal is pending, but those with serious felony convictions usually remain incarcerated until a decision is reached.
6. How is an appeal different from a retrial?
An appeal reviews legal errors made during the trial, while a retrial involves presenting evidence and testimony again before a new jury.
7. Can I hire a new lawyer for my appeal?
Yes, many defendants choose an appellate attorney who specializes in handling appeals and post-conviction relief cases.
8. Do I need to appear in court for my appeal?
Most appeals are based on written legal briefs, so the defendant does not usually need to appear in court. In some cases, oral arguments may be required.
9. What are my chances of winning an appeal?
The likelihood of success depends on the strength of the legal arguments, the nature of the trial errors, and how the appellate court interprets the case.
10. Can I appeal a plea agreement?
Plea agreements often include waivers of appeal rights, but if a plea was entered involuntarily or due to ineffective counsel, an appeal may still be possible.
Information About the Grand Junction Courthouse
Criminal appeals in Grand Junction typically go through the Mesa County court system before moving to the Colorado Court of Appeals.
Mesa County Justice Center
- Address: 125 N Spruce St, Grand Junction, CO 81501
- Hours: Monday – Friday, 7:30 AM – 4:30 PM
- Phone: (970) 257-3640
The Mesa County Justice Center handles a variety of criminal cases, including post-conviction motions and appeals before they move to higher courts.
Serving Grand Junction, CO
- Redlands
- Downtown Grand Junction
- Appleton
- North Grand Junction
- Orchard Mesa
- Patterson
- Spanish Trail
- Fruitvale
- Southeast Grand Junction
- Spring Valley
How DeChant Law Can Help with Criminal Appeals
Navigating the criminal appeals process requires a skilled attorney who understands appellate law and legal strategy. DeChant Law provides experienced representation for clients seeking to challenge their convictions.
Comprehensive Case Evaluation
DeChant Law reviews trial records, court transcripts, and legal motions to identify errors that may serve as grounds for appeal.
Strong Legal Briefs and Advocacy
The firm prepares persuasive written arguments, highlighting legal mistakes, ineffective counsel claims, and constitutional violations that may have impacted the case.
Representation in Appellate Courts
DeChant Law represents clients in the Colorado Court of Appeals, the Colorado Supreme Court, and, if necessary, federal courts to seek further relief.
Post-Conviction Relief and Rule 35(c) Motions
In addition to direct appeals, DeChant Law assists with post-conviction motions, seeking reduced sentences, new trials, or other legal remedies.
Dedicated Client Support
DeChant Law understands the stress of the appeals process and provides clear communication, updates, and strategic guidance throughout the case.
If you or a loved one is considering a criminal appeal in Grand Junction, CO, contact DeChant Law today to discuss your legal options.
