Frequently Asked Appeals Questions

  • In Colorado, you must file your Notice of Appeal within 49 days after your sentence is imposed or within 35 days after denial of a timely post-trial motion. Missing this deadline could forfeit your right to appeal. If you're considering an appeal, contact us immediately, as this is easily one of the most important aspects of an appeal. Every day counts.

  • First, we file your Notice of Appeal and build the record: Usually consisting of the court file and transcripts. Then we carefully review every detail of your record to identify errors or present other arguments not in the record (commonly known as structural or plain errors). We then file an Opening Brief explaining why your conviction should be reversed or other relief should be granted. The prosecution responds, and we can file a Reply Brief. The Court of Appeals then reviews the arguments, and either party, or the court, may request oral argument before the Court makes its decision. The process typically takes 12-18 months. If the Court rejects your appeal, you have the right to petition the case to the Colorado Supreme Court.

  • You can challenge various errors, and it is impossible to list them all here. However, a non-exclusive list includes:

    • Improper admission or exclusion of evidence

    • Prosecutor misconduct

    • Incorrect jury instructions

    • Insufficient evidence to support conviction

    • Sentencing errors

    • Constitutional violations

    While normally one can only raise issues that were properly preserved by objection at trial, there are some exceptions. This is why it's crucial to have experienced appellate counsel review your case — we know what to look for and how to present it effectively to the court.

  • In Colorado, you can request an appeal bond, but it's not guaranteed. For appeals from District Court, the court considers several factors, including:

    • The likelihood your appeal will succeed

    • Whether you're a flight risk

    • Public safety concerns

    • The length of your sentence

    • Your ties to the community

    • Your criminal history

    For felony cases, the judge has complete discretion to grant or deny appeal bond.

    For County Court Appeals (including traffic cases): The court MUST grant you an appeal bond if you file a timely notice of appeal. This is your right, and it automatically stays your sentence while your appeal is pending. However, you still need to post the bond amount set by the court.

    Ensuring you put forward the right bond argument is thus absolutely essential.

 Frequently Asked Postconviction Questions

  • While appeals are usually limited to errors in the record (a “record” includes such things as motions filed by you or your attorney, testimony taken from witnesses, or statements made at the podium while court was in session) postconviction proceedings can address issues outside that record — including but not limited to newly discovered evidence, ineffective assistance of counsel, or prosecutor misconduct that wasn't apparent during trial.

  • Yes. Under Colorado Rule 35(c) and CRS § 16-5-402, you generally have 3 years from the date of conviction to file if your case was a felony, and 18 months for misdemeanors and petty offenses. However, the clock for these deadlines can start at different times depending on your case and situation — such as the date of sentencing, the final decision on appeal, or when new evidence was discovered. Some claims, like actual innocence based on newly discovered evidence or excusable neglect, may be filed at any time.

    Don't wait to contact us, as determining your exact deadline requires careful analysis of your case history and timing.

  • Yes. Postconviction relief is often pursued after an unsuccessful appeal. In fact, some claims — like ineffective assistance of counsel — are typically better suited for postconviction proceedings than direct appeals. But it is important to remember that an appeal is not always necessary in order to pursue postconviction relief.

  • In Colorado postconviction proceedings, you can present evidence that wasn't available during your trial or evidence of constitutional violations that affected your case. This includes:

    • Proof that your trial attorney was ineffective (like failing to investigate key witnesses, missing important defenses, or not telling you about plea offers)

    • Newly discovered evidence that could prove your innocence

    • Evidence that prosecutors hid favorable evidence from your defense team

    • Proof that witnesses lied at trial

    • Evidence that scientific testimony at your trial was flawed

    • Proof that your guilty plea wasn't voluntary or properly advised

    • Evidence of juror misconduct during your trial

    • Proof that your constitutional rights were violated (like the right to remain silent or the right to an attorney)

    Unlike a direct appeal, which is limited to what's already in your trial record, postconviction proceedings let you bring in new evidence through witness testimony, expert opinions, and documents that weren't part of your original case. The key is that this evidence must show that your conviction or sentence violated the constitution or that you're actually innocent.