Colorado Post-Conviction Lawyers
Expert legal defense for Rule 35(c) motions, habeas corpus, and appellate relief.
Understanding Post-Conviction Relief in Colorado
Post-conviction relief allows individuals to challenge a conviction or sentence after the direct appeal process has concluded.
Unlike a direct appeal, which looks only at the trial record, post-conviction proceedings can introduce new evidence or challenge issues outside the record, such as ineffective legal representation.
Why Post-Conviction Relief Matters
One of the greatest hallmarks of a free society is the right to petition for a writ of habeas corpus. Without this right, individuals could be subject to imprisonment for any reason.
Fortunately, Colorado law and the U.S. Constitution provide pathways to overturn a wrongful conviction or illegal sentence. Thus, our Colorado post-conviction attorneys proudly carry on this tradition, helping incarcerated clients across all Colorado district courts fight for their freedom.
Our Colorado Post-Conviction Legal Services
We provide comprehensive appellate and post-conviction representation at both the state and federal levels.
Federal Habeas Corpus Petitions
For clients in federal custody, we handle 2255 Motion—a modern-day version of habeas corpus. This motion is typically a last resort, filed after all other forms of appeal in Colorado have been exhausted. A successful Section 2255 motion may result in a retrial, a lesser sentence, or a complete dismissal of charges. Our firm also handles Section 2254 petitions for state prisoners seeking relief in federal court.
State Post-Conviction Petitions & Motions
We represent clients in filing Rule 35(c) motions under the Colorado Rules of Criminal Procedure. This is the primary vehicle for challenging felony convictions in state courts. Whether you need to correct an illegal sentence or withdraw a plea, our team is equipped to handle complex Rule 35 petitions in district courts statewide.
Appeals in the Tenth Circuit Court of Appeals
Our firm is experienced in handling federal appeals before the 10th Circuit Court of Appeals. Led by Mr. Robert Sirianni, our federal appellate team understands the intricate procedural rules required to navigate the federal circuit successfully.
Petitions for Writ of Habeas Corpus
We handle writs of habeas corpus for clients who are in custody in violation of their constitutional rights. Importantly, “in custody” does not always mean behind bars; it can also apply to individuals on parole or probation. We file these writs to challenge unlawful detention and restore our clients’ freedoms.
Grounds for Post-Conviction Relief in Colorado
To succeed in a post-conviction claim, you must demonstrate a specific legal error. Common grounds we raise include:
- Ineffective Assistance of Counsel: Failing to investigate evidence, failing to call key witnesses, or providing incorrect legal advice.
- Newly Discovered Evidence: Evidence that was not available at trial that could have changed the verdict.
- Constitutional Violations: Breaches of due process, prosecutorial misconduct, or illegal search and seizure.
- Illegal Sentence: A sentence that exceeds the statutory maximum or violates the plea agreement.
- Unlawful Plea: A guilty plea that was coerced or not made knowingly and voluntarily.
When to File a Post-Conviction Petition?
Time is critical in post-conviction cases. In Colorado, the statute of limitations for filing a Rule 35(c) motion depends on the severity of the offense:
- Class 1 Felonies: No time limit.
- All Other Felonies: 3 years from the date of conviction.
- Misdemeanors: 18 months.
- Petty Offenses: 6 months.
Exceptions may apply for a justifiable excuse or excusable neglect, but it is vital to act immediately.
Where do We Handle Cases in Colorado?
Brownstone Law represents clients throughout the state. Our criminal defense attorneys file motions and writs in all major cities and counties, including:
- Denver
- Colorado Springs (El Paso County)
- Aurora
- Boulder
- Arapahoe County
Why Choose Brownstone Law for Your Post-Conviction Case?
Post-conviction law is a highly specialized field that requires a different skillset than trial law.
- Deep Experience: Led by attorney George Thomas, our team has an extensive history of arguing complex petitions and writs.
- Federal & State Expertise: We seamlessly handle cases in both Colorado state courts and the federal 10th Circuit.
- Dedicated Appellate Focus: Unlike general practitioners, our practice is heavily focused on appeals and post-conviction relief.
- Statewide Service: We are ready to assist clients in any jurisdiction within Colorado.
Our Process: How We Handle Your Case
Case Review
We meticulously review trial transcripts and case files to identify reversible errors.
Investigation
We investigate new evidence or claims of ineffective counsel that do not appear in the record.Filing the Petition
We draft and file a comprehensive Rule 35(c) or Habeas petition detailing every legal ground for relief.
Hearing & Argument
If an evidentiary hearing is granted, we aggressively argue your case before the judge to secure your release or a new trial.
Other Areas We Serve
Our Florida appellate lawyers proudly serve clients in cities across the state, including:
Get Appeal Evaluation
Our experienced attorneys will review your case and provide feedback on your appeal options at no cost.
Speak With a Colorado Post-Conviction Lawyer Today
If you or a loved one has been wrongfully convicted, do not wait until the deadline passes. Our team is ready to review your case and determine the best path toward freedom.
FAQs About Colorado Post-Conviction Relief
1. What is Colorado Rule 35?
Colorado Rule 35 outlines the procedures for post-conviction relief. It allows individuals to challenge their convictions or sentences. Rule 35(a) addresses illegal sentences, Rule 35(b) allows for sentence reduction (must be filed within 126 days), and Rule 35(c) focuses on constitutional violations and ineffective assistance of counsel.
2. What is a Rule 35(c) motion?
A Rule 35(c) motion is a legal filing used to challenge a conviction based on fundamental errors, such as constitutional violations, ineffective assistance of counsel, or newly discovered evidence. It is filed with the court that issued the original sentence.
3. What is the process for appealing a denied post-conviction motion?
If your post-conviction motion is denied, you have the right to appeal. You must file a Notice of Appeal, typically within 49 days (check local rules as timelines vary) of the denial. The appellate court will then review the lower court's decision for legal errors.
4. How can I seek assistance with post-conviction relief?
Due to strict timelines and complex procedural rules, it is crucial to consult with a specialist. Contact our Colorado post-conviction attorneys at 303-630-9863 to discuss your specific situation.
Read What Our Clients Says
Jerome Brown
I recently engaged Brownstone PA for legal assistance, and I couldn't be happier with the service I received. The lawyers were thorough, attentive, and always had my best interests in mind. They guided me through the legal process, explaining everything in a clear and concise manner. I felt confident in their abilities and trusted their expertise. I highly recommend Brownstone PA for their exceptional legal services.
Alyssa Lin
Brownstone PA is a highly professional and reliable law firm. The lawyers I worked with were knowledgeable, approachable, and provided me with excellent legal representation. They were responsive to my concerns and kept me informed throughout the entire process. The attention to detail and dedication to achieving the best possible outcome were evident in their work. I highly recommend Brownstone PA for anyone in need of legal assistance.
Amily Moalin
I had a positive experience with Brownstone PA and their team of lawyers. They handled my case with utmost professionalism and achieved a favorable outcome. The lawyers at Brownstone PA were thorough in their approach, conducting in-depth research and providing well-crafted legal arguments. They were also compassionate and supportive throughout the process. I am grateful for their expertise and highly recommend their services.
