POST-CONVICTION COLORADO ATTORNEYS
Colorado Post-Conviction Lawyers
The petition for writ of habeas corpus has an extensive and opulent history in the United States. Post Conviction in Colorado is led by attorney George Thomas of Brownstone Law. Mr. Robert Sirianni handles only federal appeals in Colorado. Habeas corpus was inherited from English Common Law and is still widely used today. It is used to restore the freedoms of those incarcerated in institutions. It is the job of our Colorado post-conviction lawyers to help you through the post-conviction process for Colorado district courts that hear petitions and writs under post conviction act in Colorado.
Our Colorado post-conviction attorneys proudly carry on the tradition of habeas corpus for incarcerated clients all over Colorado district courts. One of the greatest hallmarks of a free society is the right to petition for writ of habeas corpus. To not have this right would be to be subject to imprisonment for any reason at any time. Fortunately, we have this great right and a conviction and incarceration may be able to be overturned.
Habeas Motions in Colorado
A modern day version of habeas corpus, the 2255 Motion, is available for those clients convicted and incarcerated in Colorado courts. One important distinction is that in custody does not necessarily mean behind bars. We also handle appeals before the 10th Circuit Court of Appeals for the United States.
A 2255 Motion may be rewarded with a retrial, a lesser sentence or with all charges dismissed completely. This motion is typically a last resort and filed after all other forms of appeal in Colorado have been exhausted. Our Colorado post-conviction criminal lawyers are well versed in this motion.
Petition for Habeas Corpus in Colorado
The Post Conviction Motion is used in cases where the client is in custody. Just as with the 2255 Motion, being in custody does not always mean being incarcerated. We handle rule 35 petitions. There are situations where a client can be in custody but not be imprisoned. Those clients in custody have the right to file a writ of habeas corpus with the United States Supreme Court. Their incarceration must be a violation of constitutional rights, law, or treaties of the United States.
Colorado Post-Conviction
At Brownstone Law firm, our criminal defense attorneys handle post-judgment appeals and habeas corpus petitions. We have argued numerous cases on appeal including arguments and understand the concerns of our clients who face a criminal conviction. We also file post-conviction motions and writs of habeas corpus in Colorado, including the cities of Denver, Aurora, Colorado Springs and Boulder.
Appeals proceedings are complex, and the majority of lawyers may not have the expertise to handle appeal laws skillfully. It is imperative that you seek a federal appeals lawyer if you are looking to appeal a conviction or sentencing in federal court. Cases from Boca Raton originate in the 15th Judicial Circuit of Florida, and experienced Florida appeal lawyers can provide the necessary legal guidance for a successful appeal.
The 2255 and 2254 petitions for writ of habeas corpus are two options for those in custody in this country. Saved as a last resort, these two options can easily be a client’s ticket to freedom. Deep experience, coupled with a broad spectrum of legal knowledge makes us unmatched at the appellate court level. Connect with our Denver Colorado Crime Lawyers at 303-630-9863.
Contact our Colorado post-conviction attorneys today for help. Our attorneys also specialize in criminal appeals, civil appeals and appeals throughout the state.
FAQs about Colorado Rule 35, the different post conviction acts, and appealing a post conviction In Colorado, individuals seeking to challenge their convictions or sentences after a trial or guilty plea have specific post-conviction relief procedures available under Colorado Rule of Criminal Procedure 35. Below are some frequently asked questions regarding Rule 35, the different post-conviction acts, and the process for appealing a post-conviction decision:
1. What is Colorado Rule 35?
Colorado Rule 35 outlines the procedures for post-conviction relief, allowing individuals to challenge their convictions or sentences on various grounds. The rule encompasses several subsections, each addressing different aspects of post-conviction relief:
- Rule 35(a): Addresses the correction of an illegal sentence. A motion under this subsection can be filed at any time if the sentence imposed violates Colorado statutes.
- Rule 35(b): Pertains to the reduction of a sentence. A motion for sentence reduction must be filed within 126 days (18 weeks) after the sentence is imposed or after the appellate court's mandate is received.
- Rule 35(c): Focuses on post-conviction relief, allowing individuals to challenge their conviction or sentence based on constitutional violations, ineffective assistance of counsel, or newly discovered evidence. This is the most widely used form of post-conviction relief in Colorado.
2. What is a Rule 35(c) motion?
A Rule 35(c) motion is a legal filing that allows a convicted individual to challenge their conviction or sentence on specific grounds, including:
- Constitutional Violations: Asserting that the conviction or sentence violates constitutional rights.
- Ineffective Assistance of Counsel: Claiming that the defense attorney's performance was deficient and adversely affected the outcome of the case.
- Newly Discovered Evidence: Presenting evidence not available at the time of trial that could have led to a different verdict.
To initiate a Rule 35(c) motion, individuals must complete Form 4: Petition for Postconviction Relief Pursuant to Crim. P. 35(c) and file it with the court that issued the original sentence. There is no filing fee for this motion.
3. What is the process for appealing a denied post-conviction motion?
If a post-conviction motion is denied, the individual has the right to appeal the decision. The appeal process involves:
- Filing a Notice of Appeal: This must be done within the timeframe specified by the court rules, typically within 35 days after the denial of the post-conviction motion.
- Appellate Review: The appellate court will review the lower court's decision for legal errors. It's important to note that appeals focus on errors of law rather than re-evaluating factual evidence.
4. How can I seek assistance with post-conviction relief?
Given the complexity and strict timelines associated with post-conviction proceedings, it's crucial to consult with an attorney specializing in criminal appeals and post-conviction relief. Legal professionals can provide guidance tailored to your case and help navigate the legal process effectively.
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