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Criminal Appeals & Felony Attorney Serving Colorado

Do you feel you were wrongly convicted of a crime? Do you think that either the judge, jury, or your lawyer made mistakes in your trial? If so, then you should consider filing an appeal. However, it’s important to understand that appeals are very different from trials, and you should choose a lawyer with appellate experience as well as trial experience. 

At the Law Office of M. Colin Bresee, we have handled numerous successful criminal appeals. Denver felony lawyer M. Colin Bresee draws from his experience on both sides of a criminal case to help you build a successful criminal appeal. A criminal appeal is a highly technical process, and Mr. Bresee has learned the ins and outs of the process by working with district attorneys’ offices across the state of Colorado as well as helping criminal defendants. Please contact the Law Offices of M. Colin Bresee for a free initial consultation and see how his 30 years of experience in diverse legal situations can help you. 

How Appeals Work

In Colorado, everyone convicted of a crime has one opportunity to appeal a trial court decision—such as by a county court or district court—to a Colorado court of appeals. If a person does not like the appeals court decision, they can file an appeal with the Colorado Supreme Court. Failing to get relief from the Colorado courts, defendants can then file appeals to the Federal Court system. Additional appeals at any level come at the discretion of the court. 

First, a person convicted must file a notice of appeal within the specified time frame (in Colorado, typically 49 days after the entry of judgment or denial of post-trial motions). The person then becomes an appellant or petitioner (as opposed to a defendant). The appellant or their appellate lawyer then files a brief with the appeals court. The brief is a statement of legal arguments for why the court’s decision should be considered an error. 

The appeals court will review the brief and decide whether to grant the appeal. The appeals court might grant that the trial court made errors, but the errors are harmless, and therefore let the verdict stand. Otherwise, the appeals court might order:

  • A new trial
  • A modified or corrected judgment
  • A reconsideration of the case by the trial court. This might include looking at new evidence, looking at old evidence differently, or making a decision with regard to new precedents. 

Most of the time, the court denies appeals, letting the trial court verdict stand. 

Types of Appeals

Appeals of conviction: When a person convicted of a crime appeals their criminal conviction. 

Appeals of sentence: When a person convicted of a crime appeals the sentence imposed by the court. 

Appeals as of right: The one appeal that criminal defendants are granted by Colorado law. 

Discretionary appeals: Additional appeals that courts may consider if they think it appropriate.

Joint or consolidated appeal: Two or more parties may file a joint appeal if they have a right to appeal from a judgment and they have aligned interests in the appeal. 

Automatic appeals: In some cases, Colorado law allows that appeals happen automatically. For example, the appeals court rules state that the Colorado State Supreme Court will review the propriety of a death sentence. 

Interlocutory appeals: Appeals of decisions made by a trial court while the trial is still taking place. For example, if a judge decides not to allow certain evidence, lawyers can appeal the decision before the trial ends rather than waiting for a verdict on the basis of faulty or incomplete evidence. 

Postconviction remedy: Apart from the appeals process, anyone convicted of

Appellate Court Common Misconceptions

People often have misconceptions about the appeals process. Here are some of the common misconceptions people have about the appeals process. 

An Appeal Is a New Trial

Many people think that an appeal is a new trial where judges look at new evidence and reconsider a verdict. An appeal is not a new trial. It is more likely a request for a new trial. At an appeal, judges consider whether a trial court made legal errors. If they find the trial court did make legal errors, they might request the trial court reconsider the case either with or without a new trial. 

Appeals Are Often Successful

Appeals make for high drama on TV and in movies, so they show up often–and they’re often successful. While Colorado law grants all defendants the right to an appeal, few appeals lead to a reversal of the verdict. Only 63% of appeals are actually reviewed by courts, and most of these (81%) resulted in an affirmation of the lower court’s decision. Adding in the appeals that failed to get reviewed on the merits, nearly 90% of appeals were unsuccessful. 

A Successful Appeal Leads to Exoneration

Even when an appeal is successful, it doesn’t necessarily lead to you being exonerated of your crimes. Usually, appeals courts direct that you receive a new trial, but you still have to win your new trial. Sometimes, the appeals court may decide that the trial court’s errors are such that it alters the verdict. 

What Makes a Successful Criminal Appeal?

As we noted above, most appeals are unsuccessful. How can an appeal buck the trend and be successful? Typically, a successful appeal depends on:

  • A solid trial performance
  • Understanding of the law
  • Identification of the key legal issue(s)
  • Strong analysis

In many cases, the appeal is won or lost during the trial. To lay the groundwork for a successful appeal, a criminal defense attorney must present all the critical evidence, raise important objections, and call attention to key aspects of the law. Doing this during the trial makes it clear to the appeals court where the trial court might have erred. 

During an appeal, you are not allowed to present new evidence. Your entire argument depends on knowing criminal law and showing that the trial court either made a plain error, made a verdict not supported by the evidence, or abused its discretion in making its ruling. Successfully making these arguments depends on understanding the law. 

Next, a successful appeal must identify the key issue or issues at stake in the case. It’s important to demonstrate how the errors made by the trial court could have led to a wrong verdict. It’s possible for an appeals court to say that errors are “harmless” and didn’t affect the outcome. Showing which errors led to a mistaken verdict is crucial. 

Finally, a successful appeal provides a convincing analysis, which persuades the appeals court that a substantial error was made and that the appellant deserves another trial. 

About Our Law Firm

If you or a loved one is facing the appeals process, there’s no one better to be by your side than an experienced appellate attorney. What sets our practice apart? Mr. Bresee will be the one handling your case from your free consultation all the way through the appeals process and all associated court dates. There are no junior staffers or less experienced lawyers on our staff who will show up on your court day. Mr. Bresee is an experienced felony appeals lawyer – Denver and surrounding area residents finally have an ally in the legal system fighting for their rights.

Our legal services extend to the following areas:

  • Arapahoe County (including Aurora, Centennial, Englewood, Greenwood Village, and Littleton)
  • Adams County (including Thornton and Westminster)
  • Denver County
  • Douglas County (including Castle Rock, Highlands Ranch, and Parker)
  • El Paso County (including Colorado Springs and Security-Widefield)
  • Gilpin County (including Central City and Black Hawk)
  • Jefferson County (including Arvada and Lakewood)
  • Weld County (including Greeley and Longmont)

Schedule a Free Consultation

We answer our phone 24 hours a day and encourage you to call us at 303-377-0100. From your free consultation to your court date, Mr. Bresee will help you and your criminal case achieve the best possible outcome. Contact us today!

Appeals Case FAQs

Below are frequently asked questions (FAQs) regarding appealing a criminal case in Colorado.

What if my appeal fails?

If your initial appeal fails, you may not get a second try at that court. You have limited ability to move up to higher courts for appeals.

By when do I need to file a motion?

You must file a motion within a certain time frame (generally 49 days from the date a sentence is imposed – may vary per crime/jurisdiction) to preserve your appeal rights.

Can I still file a motion if I’m incarcerated?

If incarcerated, it may be possible to file a motion to release pending appeal. You may have to post an appeal bond.

It’s harder to fix something than to do it right the first time. It’s like putting an egg back in its shell. While only 22% of trials end with a conviction on all charges, nearly 90% of appeals end with the trial court’s verdict still in place. 

More than a third (37%) of all appeals don’t even earn a review on their merits. Ask an appeals attorney how often their appeals make it to review before hiring.