Appeals and Appellate Work Lawyer in Colorado
A judgment of conviction and most other orders of the Court may be appealed for a variety of reasons. For example, an appeal may be filed if the trial court applied a sentence beyond the limits of the law, if the judge made a serious error in the law, such as improperly admitting unreliable or tainted evidence, or if there is reason to believe that the prosecutor or opposing party committed serious misconduct. A well-reasoned and researched appeal gives you the best chance to receive your right to due process.
What is an Appeal?
In Colorado, you have the right to appeal most orders and decisions of the Court, as well as the DMV. However, you must file your appeal within a limited time period, which ranges from 14 to 49 days, depending on the type of case. If you miss the deadline, you may lose your right to appeal altogether. It is important to note that simply not liking the outcome of your trial is not a good reason to appeal. In order to succeed on appeal, you must show that the trial court made a significant legal error that affected the outcome of your case.
Rule 35 Motions
A Rule 35 motion is a request to a trial court to reconsider a judgment or sentence. Unlike an appeal, a Rule 35 motion can be filed even if you have missed the deadline to appeal. However, you must file your motion within a limited time period, which is typically 126 days. There are a few different reasons why you might file a Rule 35 motion. For example, you might file a motion if the law has changed since your conviction, and the new law would benefit you. Your sentence was imposed in violation of the law or there are new facts that were not available at the time of your trial. If you are considering filing a Rule 35 motion, it is important to speak with an experienced attorney as soon as possible. Attorney Daniel Kyser has extensive experience handling Rule 35 motions in criminal cases. He can help you determine if you have a valid basis for filing a motion and can represent you in Court.
Unmatched Experience of The Law Office of Daniel H. Kyser
The Law Office of Daniel H. Kyser has extensive experience handling appeals in criminal cases. Attorney Kyser understands the complex legal issues involved in appeals and knows how to present your case in the most effective way possible. He has even participated in oral argument before the Colorado Supreme Court. If you are considering appealing a criminal conviction, it is important to speak with an experienced attorney as soon as possible.