Longmont Criminal Appeals Lawyer
A criminal conviction in Longmont, Colorado, does not always mean the case is closed. If errors occurred during the trial or if constitutional rights were violated, defendants have the right to appeal. The appeals process is a complex legal procedure designed to review the fairness of a conviction or sentence. Understanding how criminal appeals work, the relevant laws, and what steps to take can make a significant difference in the outcome. Contact a skilled Longmont criminal appeals lawyer at DeChant Law for further information or immediate help.
How the Criminal Appeals Process Works
Criminal appeals in Longmont, CO, follow a structured process that requires attention to detail, thorough legal knowledge, and strong advocacy. Here are the general steps involved:
Filing the Notice of Appeal
The first step in appealing a criminal conviction is filing a notice of appeal with the appropriate appellate court. In Colorado, this must generally be done within 49 days of the conviction or sentencing. Missing this deadline can result in the loss of appeal rights.
Reviewing Trial Records
Once the appeal is initiated, the appellate court reviews the trial record, which includes transcripts, evidence, motions, and rulings. The appellant’s attorney will analyze these records to identify legal errors that could have impacted the trial’s outcome.
Submitting Written Briefs
The appellant (defendant) and appellee (prosecution) submit legal briefs outlining their arguments. The appellant’s brief highlights legal mistakes, such as improper jury instructions, prosecutorial misconduct, or ineffective assistance of counsel. The appellee responds by defending the original conviction.
Oral Arguments
In some cases, the appellate court may schedule oral arguments, where both sides present their positions before a panel of judges. The judges may ask questions to clarify legal points before making 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 the appeal is denied, the defendant may seek a higher court’s review, such as the Colorado Supreme Court.
Relevant Laws Governing Criminal Appeals in Colorado
Several Colorado laws and legal principles guide criminal appeals. Some key statutes and rules include:
- Colorado Appellate Rules (C.A.R.) – These rules outline the procedures for filing appeals, including deadlines and formatting requirements.
- Colorado Revised Statutes (C.R.S.) 18-1-410 – This law governs post-conviction relief, including grounds for appeal based on constitutional violations or newly discovered evidence.
- Rule 35(c) Motion – Defendants can file a post-conviction motion under this rule, arguing ineffective assistance of counsel, prosecutorial misconduct, or other fundamental errors.
- Double Jeopardy Protections (Fifth Amendment & Colorado Constitution) – Ensures that a defendant cannot be tried twice for the same offense.
- Habeas Corpus Petitions – If all appeals fail, defendants may file for federal relief under habeas corpus laws, arguing unlawful imprisonment.
Common Criminal Defense FAQs
Can any conviction be appealed?
Not all convictions qualify for an appeal. Appeals are typically granted if there were procedural errors, constitutional violations, or new evidence that could change the outcome.
How long does the appeals process take?
Criminal appeals in Colorado can take several months to over a year, depending on the complexity of the case and court backlog.
Can new evidence be introduced in an appeal?
Generally, appeals focus on errors made during the original trial. However, newly discovered evidence may be considered under a Rule 35(c) motion.
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.
Will I remain in jail during the appeal?
It depends on the case. Some defendants may be granted bail while their appeal is pending, but serious felony convictions typically require serving the sentence until a decision is made.
How is an appeal different from a retrial?
An appeal does not involve presenting new evidence or testimony. Instead, appellate judges review legal errors made during the initial trial.
Can I change my lawyer for the appeal?
Yes, many defendants choose to hire an appellate attorney who specializes in handling appeals and post-conviction relief cases.
Do I need to attend court for an appeal?
In most cases, the appeal is based on written briefs, and the defendant does not need to appear in court. Oral arguments may require attorney representation.
What are the chances of winning an appeal?
Each case is different, but successful appeals typically involve clear legal mistakes, ineffective counsel, or new evidence that impacts the original verdict.
Can a plea deal be appealed?
Plea agreements generally 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 Longmont Courthouse
The Longmont courthouse is part of Boulder County’s judicial system. Criminal appeals are typically handled at the district level before moving to the Colorado Court of Appeals if necessary.
Boulder County Justice Center
- Address: 1777 6th St, Boulder, CO 80302
- Hours: Monday – Friday, 7:30 AM – 4:30 PM
- Phone: (303) 441-3750
The Boulder County Justice Center handles a variety of criminal cases, including appeals. Defendants seeking to appeal a Longmont conviction will likely have their case reviewed at this facility before moving to higher courts if necessary.
Serving All Of Longmont, CO
- Prospect New Town
- Old Town Longmont
- McIntosh Lake
- Southmoor Park
- Clover Basin
- Rainbow Ridge
- Fox Hill
- Harvest Junction
- Creekside
- The Shores
How DeChant Law Can Help with Criminal Appeals
Criminal appeals require extensive legal experience and strategic advocacy. DeChant Law understands the intricacies of the appellate system and is committed to fighting for justice.
Case Evaluation
Every appeal starts with a thorough case review. DeChant Law will analyze trial records, court transcripts, and legal motions to identify potential errors that can serve as grounds for appeal.
Strong Legal Briefs and Arguments
The firm crafts compelling written arguments that highlight procedural mistakes, constitutional violations, and ineffective counsel claims. Precise legal writing is essential in persuading appellate judges to overturn a conviction.
Representation in Higher Courts
DeChant Law represents clients at all appellate levels, including the Colorado Court of Appeals and, if necessary, the Colorado Supreme Court. Their experience in appellate litigation ensures that clients have a strong advocate on their side.
Post-Conviction Relief and Habeas Corpus Petitions
If an appeal is unsuccessful, the firm also assists with post-conviction motions, Rule 35(c) filings, and habeas corpus petitions to seek further legal remedies.
Client-Centered Approach
DeChant Law understands that facing an appeal can be stressful. The firm provides clear communication, updates on case progress, and dedicated legal guidance throughout the process.
If you or a loved one is considering a criminal appeal in Longmont, CO, contact DeChant Law today for a consultation and to discuss your legal options.
