Fort Collins Appeals Attorney

Over the years, I have written and argued appeals in both the criminal and civil arena. I always discuss with potential appeals clients the question of the practicality of pursuing appeals, in terms of cost, whether the benefits even if successful justify an appeal, and the time lapse to be expected before an appeal is resolved.

In Colorado state courts, appeals from the District Court generally involve two steps: first an appeal of right to the Colorado Court of Appeals, and then a petition to the Colorado Supreme Court requesting that they consider the case, if the Court of Appeals decision is not favorable. The whole process can take as much as three years or more. Appeals from agency administrative decisions, and from municipal, magistrate, federal, and county-level courts follow a different initial step and time frames. Because of the complex rules governing the various types of appeals, you should seek legal advice immediately after an unfavorable initial decision if you are considering an appeal.

In post-conviction criminal matters, an “appeal” is often first a motion for post-conviction review (“Rule 35(c)” motion) in the trial court. This is similar to what people sometimes think of as a habeas corpus action. I perform an extensive file and transcript review, do initial legal research that may be called for, and then meet with the client at the prison facility if they are still in custody, to decide whether grounds for such a review exist. There are statutes of limitations for post-conviction review, so act quickly if planning such a review.

While not technically an "appeal", Colorado criminal rules also allow for a request for sentence reconsideration. That request generally has to be filed within 120 days from the date of the court hearing where the sentence was imposed. SO DO NOT DELAY in talking with an attorney about that option. There are some possibilities for sentence modification after 120 days, if your sentence includes probation or a deferred sentence, or if you filed an appeal of your conviction.

Kirk Brush
Attorney and Counselor at Law
First National Tower Bldg.
215 West Oak Street, Suite 500
Fort Collins, Colorado 80521
Telephone: (970) 224-9281
Fax: (970) 224-5700