Appeals Process In Colorado
Appealing a criminal conviction is a long and detailed process. I will attempt to give a brief outline of an appeal and the rules and time requirements you are under.
1. Appeals must generally be filed within 49 days of your sentencing hearing.
2. When you file a notice of appeal you must also designate the reason for appeal and the hearings and transcripts the courts must review.
3. Once the records are provided to the courts you or your attorney will file a opening brief to argue why you were wrongly convicted.
4. The opposing side may then respond with an answer brief to argue against your position.
5. You or your attorney may then file a reply brief in response to the answer brief.
6. Oral arguments can be requested following the reply so that you or your lawyer can argue directly to the court.
7. The court then issues an opinion ruling on the issues and deciding if you win or lose.
This is a very simplified list of the basic procedure of appeals. Most appeals last at least 2 years with each step listed above being months apart.
The most important step for you is to remember that you must file that original notice of appeal within 49 days or all is lost. If you have been convicted and are looking to appeal contact us and we can discuss the process and possibilities of overturning a wrongful conviction.