Post-conviction relief in Colorado gives people convicted of a crime a legal route to challenge a past criminal conviction or original sentence. This is made possible by filing a post-conviction relief motion under Rule 35(c). The purpose of this provision within the criminal justice system is to provide conviction relief to people who have newly discovered evidence, have been victims of constitutional violations, or have other serious issues with the trial court proceedings that resulted in their receiving a conviction and sentence.
Post-conviction relief is different from an appeal. A direct appeal would seek judicial review by a higher court, such as the appellate court or Colorado Supreme Court. However, a Rule 35(c) motion returns the case to the same district court or trial court that handled it originally. Convicted individuals in Colorado can explore both options at the same time, especially if they believe a trial judge or a lower court’s decision contained significant errors.
Let’s take an in-depth look at Colorado post-conviction relief, why it is essential if you believe your trial was unfair, and why you should discuss your legal options with a Wolf Law LLC criminal defense attorney. Keep reading, or get in touch to ask us your questions directly.
Filing a Post-Conviction Relief Motion
If you believe you have suffered a miscarriage of justice or you were denied due process, filing a post-conviction relief motion could allow you to vacate or correct a conviction or sentence. However, you must provide compelling evidence that you have grounds for filing the motion.
Permitted grounds for filing a motion
Form 4SC—Petition For Postconviction Relief Pursuant To Crim. P. 35(C) sets out the following permitted grounds (you may select more than one):
- Law change: There has been “a significant change in the law which, if applied to this conviction or sentence, the interests of justice allow the retroactive application of the changed legal standard.”
- Violated constitution: The conviction or sentence violated the constitution or law of the US or the State of Colorado.
- Statute in violation: The conviction was made under a statute that is in violation of the US or Colorado state constitution.
- Lack of jurisdiction: Conviction or sentence was passed by a court that did not have jurisdiction over the person convicted.
- New evidence: Evidence of material facts has come to light since the trial, which was not known to the person convicted or his or her attorney before the trial, which requires vacation of the conviction or sentence.
- Served sentence: You have already fully served your sentence, or your parole, probation, or conditional release was unlawfully revoked.
- Other valid reason: There exist other valid reasons for challenging the criminal conviction. Known legally as “collateral attacks,” this could include misconduct by the prosecutor, judge, or ineffective counsel by your attorney or public defender.
Ticking the box is just the start. You must then attach a separate sheet for each box ticked, providing details of all the facts you feel support your claim. This is critical to the success of your petition, so don’t attempt it without first consulting an experienced criminal defense attorney.
Grounds for ineffective assistance of counsel
After getting convicted of a crime, it’s natural to be less than happy about the performance of your legal counsel. However, this does not mean he or she was necessarily guilty of rendering ineffective assistance.
You must show that your lawyer was objectively substandard to launch a claim for relief on these grounds. Your claim is that his or her work was so poor that it effectively denied you your constitutional right to legal representation.
You could also reason that if a competent lawyer had represented you, there is a strong likelihood that you would not have either been convicted of the crime or received the sentence you did.
Navigating grounds for filing a post-conviction relief motion is complex, and the evidence provided to substantiate your claims must be compelling. So don’t go it alone. Reach out for the tailored legal advice you need to evaluate your options.
Time limits for claims
Under Colorado law, you only have a limited amount of time to “collaterally attack,” that is, challenge a conviction. The length of time depends on the offense:
- Petty offenses: 6 months
- Misdemeanors: 18 months
- All other felonies: 3 years
- Class 1 felonies: No time limit
However, if you miss these time limits, you may still have options. Colorado Revised Statutes §16-5-402(2) allows you to state facts to support the following exceptions:
- The court lacked the legal authority to hear your case
- The court lacked legal authority over the person who was charged
- The person missed the deadline because he or she was in the care of a mental health facility or was not found to be mentally competent
- There was another valid reason or an honest mistake that led to the missed deadline
If you’re confused about your right to file a motion for post-conviction relief, set up a free consultation with one of our experienced criminal defense attorneys. You may have more rights than you realized.
Completing the 35(c) petition form
You may choose to complete the Form 4 35(c) petition for post-conviction relief yourself. However, it’s a crucial document that requires you to provide clear evidence to substantiate your claims.
It’s also vital to include all applicable grounds for relief the first time. It’s very rare for Colorado courts to accept subsequent petitions unless you had very good reasons for not presenting them the first time.
It may be wise to hire an experienced Colorado criminal defense lawyer to complete it on your behalf, to give yourself the best chance of success.
Filing the motion
After all the necessary information has been included on the form, it must be filed with the relevant court. Remember that this is not an appeal, so it must be filed with the court that handed down the conviction, not the appellate court.
Obtaining a Favorable Ruling
There are no guarantees when filing a motion for post-conviction relief, and you should never believe a criminal defense attorney who promises a successful outcome. Ultimately, it is the judge’s responsibility to rule on a 35(c) motion in a way he or she feels is just.
The judge may consider the following questions:
- Was the motion filed on time?
- Did it include adequate grounds for relief?
- Do the grounds have merit?
- Are the facts stated sufficient for granting relief?
- Have you provided sufficient evidence to prove the alleged facts are true?
Petition process
If the judge believes your petition does not have merit, he or she will issue a written denial. You will receive this within 63 days.
If the judge decides to hold a hearing, the prosecution has 35 days to file a response in writing, after which you can file your response within 21 days. The hearing is an opportunity for both sides to present their arguments and evidence to the judge.
Finally, the ruling will be made within 63 days of the hearing, making this a much longer process.
Potential outcomes
After evaluating your motion, the judge can choose one of the following options:
- Vacate the judgment: This means the original conviction is set aside or annulled. This erases the judgment from a person’s criminal record. However, the case may still be retried if there are sufficient grounds.
- Impose a new sentence: Your original sentence may be modified after a review of the new evidence or other claims in your motion.
- Grant a new trial: The judge may believe a new trial will best serve the interests of justice.
Further legal options
If your motion is denied, it is not necessarily the end of the road. Your criminal defense attorney will explain your options, which may include appealing to a higher court to have your case reviewed in more detail.
While there are no guarantees when filing a petition for post-conviction relief, it may pay to work with an experienced attorney. He or she can guide you through how to file the post-conviction relief motion, appeal, and explore other options to redress your miscarriage of justice.
Explore Your Post-Conviction Relief Options Today
If you have been unfairly convicted or harshly sentenced, you do not have to suffer in silence. Whether you file a Rule 35(c) motion or a direct appeal, the skilled legal representation of Wolf Law LLC can help ensure that your legal rights are respected and that all possible forms of conviction relief are fully explored.
Remember, the clock is ticking. Call us at 720.479.8574 today for a free consultation, and we’ll explain the options open to you. Alternatively, contact us online and we promise to call you back within a day to connect you with the legal advice you urgently need.
