If you’ve been convicted of a crime in Colorado, the journey doesn’t necessarily end with a conviction. The criminal appeal process allows defendants to challenge legal errors that may have affected the result of their case. You need to understand what happens during an appeal to help you make informed decisions and preserve your rights. In Denver, having a criminal defense attorney experienced with Colorado’s appellate procedures can make a difference in pursuing a successful outcome.

Key Steps in the Colorado Criminal Appeals Process

The Colorado criminal appeals process allows a defendant to challenge a trial court’s legal decisions after a conviction. Appeals focus on legal errors, procedural mistakes, or constitutional violations rather than re-evaluating evidence or witness credibility. Success depends on demonstrating that errors significantly affected the trial’s outcome. Here are the key steps involved in the criminal appeals process in Denver, Colorado:

• Filing the Notice of Appeal: In most criminal cases, an appeal must be filed within 49 days of the final judgment or sentence, according to Colorado Appellate Rule 4. The appeal should be submitted in the trial court and must clearly specify the order or judgment being challenged. It’s important to adhere to this timeline, as missing the deadline usually results in loss of the right to appeal.
• Designation of Record and Transcript: In the appeal process, the appellant (defendant) chooses the specific parts of the trial record and transcripts that are necessary for their case. The prosecution may then designate additional materials to include. Usually, transcripts are prepared at your expense, unless they are deemed indigent.
• Transmission of the Record to the Appellate Court: In Colorado, the majority of felony and misdemeanor appeals are directed to the Colorado Court of Appeals. However, certain cases, including those involving the death penalty and specific matters related to water rights, are escalated directly to the Colorado Supreme Court.
• Briefing Stage: The Appellant’s Opening Brief outlines alleged errors and cites relevant record and legal authority, due 40 to 60 days after record transmission. The Prosecution responds with an Answer Brief to defend the conviction. The Appellant may also file an optional Reply Brief to rebut the Prosecution’s arguments, following strict formatting rules.
• Oral Argument (Optional): While many appeals are decided based only on the written briefs, the court may allow oral arguments where lawyers present their cases and answer judges’ questions. Each side usually gets about 15 minutes.
• Decision: The Court of Appeals releases a written opinion: uphold, overturn, send back, or adjust the trial court’s ruling. If the appellant is dissatisfied with the Court of Appeals decision, a petition for certiorari can be filed with the Colorado Supreme Court within 42 days. The Supreme Court can accept or deny the petition.

While managing the appeals process, it’s essential to understand several key factors. The standard of review limits the court to addressing errors that were prejudicial, meaning harmless mistakes are usually overlooked. Appeals do not usually consider new evidence, which makes early identification of legal errors crucial. Post-conviction relief under Rule 35 is a separate process that may be used for claims like newly discovered evidence.

Additionally, filing an appeal does not automatically stay a sentence, and obtaining release pending appeal requires court approval. As such, appeals tend to be lengthy and resource-intensive. Having a criminal defense attorney is key to effectively protecting your rights and pursuing the best possible outcome.

How Can a Colorado Criminal Appeal Lawyer Help?

An appellate attorney plays a key role in ensuring that your appeal is presented effectively. They review the trial record in detail to identify legal or procedural errors that may have affected the outcome of your case. They will carefully analyze transcripts, motions, and rulings to pinpoint issues that may form the basis of a successful appeal.

Your attorney will also prepare the written briefs, which are the primary documents the appellate court uses to evaluate your arguments. They present clear legal reasoning supported by case law and the trial record, ensuring that the court fully understands the errors being challenged. Additionally, if oral arguments are allowed, a defense attorney can present your case persuasively, respond to judges’ questions, and emphasize key points that support your appeal.

Finally, appellate attorneys can advise on further review options, such as filing a petition for certiorari with the Colorado Supreme Court, and help coordinate post-conviction relief efforts when appropriate. With an attorney’s guidance, you can be sure to meet all procedural requirements.

Seek Legal Assistance for Your Criminal Appeal in Denver, CO

The criminal appeals process in Colorado involves strict deadlines, procedural rules, and detailed legal arguments that must be followed carefully. A criminal defense lawyer can review your trial record, identify potential errors, and prepare persuasive briefs to increase your likelihood of a favorable outcome. The Law Office of Kimberly Diego will guide you through every stage of the appeals process and protect your rights. Call us at 720-257-5346 to schedule a consultation.