Quick answer: Hire a Denver criminal appeals attorney immediately after sentencing or entry of judgment so you don’t miss Colorado’s appeal deadlines. In many Colorado criminal cases, the notice of appeal is typically due within about 49 days after the judgment or order being appealed, with limited exceptions that can change the clock. Confirm the exact deadline in your case, then choose the right path: direct appeal, postconviction relief, or sentence modification.
The Right Time to Call
The best time to contact an appeals lawyer is right after sentencing or as soon as the written judgment is entered. In many Colorado criminal cases, the notice of appeal is typically due within about 49 days after the judgment or order being appealed under the Colorado Appellate Rules, and missing that deadline can end the appeal before it starts. Some situations can alter timing (for example, certain post-trial motions or specific types of orders), so confirm the exact deadline in your case with counsel or the clerk’s office.
A Denver criminal appeals attorney can also help you pick the correct procedure early, because “appeal” is not one-size-fits-all. Appellate courts usually review legal errors based on the existing record, while other remedies may be needed for issues that depend on evidence outside the record.
Colorado’s rules are deadline-driven. If you’re even considering challenging the conviction or sentence, getting advice quickly protects your options while transcripts and the record are being lined up.
A Simple Decision Tree: Appeal vs 35(c) vs Sentence Modification
Use this quick “if X, then Y” guide to sort the right path. A lawyer can confirm which route fits your case and whether you can pursue more than one remedy.
If the problem is a legal error shown in the trial record, then a direct appeal is usually the starting point. Examples include an incorrect jury instruction, a ruling that admitted or excluded key evidence over objection, or an illegal sentence that can be identified from the sentencing record. Direct appeals are governed by the Colorado Appellate Rules and focus on what the judge did (or didn’t do) based on the record.
If the problem depends on facts outside the record, then a Crim. P. 35(c) postconviction motion is often the better fit. Examples include ineffective assistance of counsel that requires explaining off-the-record advice, failure to investigate an alibi witness, or newly discovered evidence that wasn’t presented at trial. Rule 35(c) is part of the Colorado Rules of Criminal Procedure and is designed for claims that can’t be fully evaluated from transcripts alone.
If you’re mainly asking the court to reduce or reconsider a lawful sentence, then sentence reconsideration/modification may apply. In Colorado, this is commonly pursued under Crim. P. 35(b) (often called sentence reconsideration). A typical fit is “the sentence was legal, but too harsh given updated circumstances,” such as documented rehabilitation steps or new information relevant to sentencing. This is different from arguing the conviction was legally wrong.
What To Do in the Next 48 Hours
Fast action helps because deadlines run even while you’re gathering paperwork. Here’s a practical 48-hour checklist:
Gather documents: the judgment of conviction (or minute order), mittimus, sentencing order, plea paperwork (if any), bond orders, and any written motions/objections filed near trial or sentencing. If you have them, collect police reports, discovery, and trial exhibits lists.
Contact the right people: call your trial attorney to request your file and ask what objections were made (objections often matter on appeal). Call the district court clerk to confirm what orders have entered and ask how to request copies of minute orders and the register of actions.
Start the record/transcript process: ask the clerk what the local process is for ordering transcripts and designating the record for appeal. Your attorney can handle the formal steps, but you can still get the ball rolling by identifying the hearing dates that need transcripts (motions hearing, trial days, sentencing).
Don’t do these things: don’t miss the notice-of-appeal deadline while “waiting to see” how you feel; don’t post details about the case on social media; don’t contact jurors; and don’t file DIY motions that could unintentionally waive arguments or create harmful admissions. Confirm the exact deadline in your case before taking any step that assumes you have more time.
What an Appeals Consult Should Cover
A solid consult should leave you with a clear, deadline-based plan. Ask for these specifics:
- Deadline confirmation: the exact notice-of-appeal due date under the Colorado Appellate Rules, and whether any motions or orders change it.
- Best procedural path: direct appeal vs Crim. P. 35(c) vs Crim. P. 35(b), including whether strategies can run in sequence.
- Issue spotting from the record: the top 2–5 appealable issues and what transcript pages/rulings they depend on.
- Standard of review and preservation: whether objections were made and how that affects the strength of each issue.
- Record/transcript plan: what needs to be ordered, who orders it, and a realistic timeline for assembling the record.
- Relief goals: what outcomes are realistically on the table (new trial, new sentencing, reversal, or sentence reduction) for each path.
If you’re facing these decisions and want help mapping deadlines and the right procedural route, DeChant Law is a place to get help.