Antony Mark Noble’s Answers

Antony Mark Noble

Lakewood Appeals Lawyer.

Contributor Level 10
  1. Lawyer drops the ball on plea deal.

    Answered over 1 year ago.

    1. Antony Mark Noble
    2. Daniel Nelson Deasy
    3. Lori A Beck
    4. Mark Copoulos
    4 lawyer answers

    Under the precedent of the United States Supreme Court and the Colorado Supreme Court, you seem to have a good claim of ineffective assistance of counsel, and, if you are convicted after a trial, you could file a petition for postconviction relief and the court should order the reinstatement of the original plea offer. From your question, however, it seems that you have not been convicted yet. The question is therefore what should you do at this stage of your case. You should retain a new...

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  2. Once a person takes a plea does he still have a Public Defender to help him and answer questions?

    Answered over 1 year ago.

    1. Antony Mark Noble
    2. Stephen Clark Harkess
    3. Vincent J Felletter Jr.
    3 lawyer answers

    The public defender's representation is not terminated until the sentence has been imposed and either a motion for reduction of sentence has been filed and ruled on or the time for filing a motion for reduction of sentence has expired. See Crim. P. 44(e). The public defender should therefore be answering any questions that you have about your case and preparing to represent you at the sentencing hearing. If you need advice about postconviction issues, however, the public defender may have a...

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  3. I misuderstandly plead guilty to battery deffered judgment , and made mistake with a unexperienced lawyer failed jury trial ,

    Answered over 1 year ago.

    1. Antony Mark Noble
    2. Christopher Daniel Leroi
    3. Stephen Clark Harkess
    4. Michael D. Evans
    4 lawyer answers

    The Colorado Supreme Court recently ruled that a defendant can move to withdraw his guilty plea to a deferred judgment under Crim. P. 32(d). See Kazadi v. People, 12 CO 73 (Colo. Dec. 20, 2012). You have to establish a fair and just reason to withdraw the guilty plea, but the court ruled that ineffective assistance of counsel (failure to advise of immigration consequences) is a fair and just reason. You should consult with a postconviction attorney about filing a motion to withdraw the...

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  4. What if a plea was entered , and a new witness has surfaced that would have helped the defense ?

    Answered over 1 year ago.

    1. Antony Mark Noble
    2. Christopher Daniel Leroi
    3. Daniel Nelson Deasy
    4. Richard Stephen Jaffe
    5. Siddhartha H. Rathod
    6. ···
    6 lawyer answers

    You have three potential claims: prosecutorial misconduct, newly discovered evidence, and ineffective assistance of counsel. To prove prosecutorial misconduct for a discovery violation, you must establish that: (1) the prosecution suppressed evidence, (2) the evidence was favorable, and (3) the evidence was material. For the evidence to be material there must be a reasonable probability that, had the evidence been disclosed to you, the result of the proceeding would have been different....

    8 lawyers agreed with this answer

  5. I misuderstandly plead guilty to battery deffered judgment , and made mistake with a unexperienced lawyer failed jury trial ,

    Answered over 1 year ago.

    1. Antony Mark Noble
    2. Christopher Daniel Leroi
    3. Cassandra Ann Rodriguez
    4. Nelson Patrick Boyle
    4 lawyer answers

    The Colorado Supreme Court recently ruled that a defendant can move to withdraw his guilty plea to a deferred judgment under Crim. P. 32(d). See Kazadi v. People, 12 CO 73 (Colo. Dec. 20, 2012). You have to establish a fair and just reason to withdraw the guilty plea, but the court ruled that ineffective assistance of counsel (failure to advise of immigration consequences) is a fair and just reason. You should consult with a postconviction attorney about filing a motion to withdraw the...

    8 lawyers agreed with this answer

  6. If a defendant only took a Plea because he was threatened with new charges by his PD & DA, what reason can he withdraw plea?

    Answered over 1 year ago.

    1. Jonathan S Willett
    2. Antony Mark Noble
    3. Stephen Clark Harkess
    4. William A. Jones Jr.
    4 lawyer answers

    He can move to withdraw his guilty plea under Crim. P. 32(d) prior to sentencing. He does not, however, have the right to withdraw his guilty plea for no reason. Instead, he will have to show a fair and just reason to withdraw his guilty plea. He may have a fair and just reason if the plea was entered as a result of coercion or ineffective assistance of counsel. To establish coercion, however, he will need to show more than a threat by the district attorney to file new charges. He should...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. What does C.A.R in C.A.R. 4(a) mean?

    Answered 6 months ago.

    1. Antony Mark Noble
    2. Stephen Daniel Benson
    3. Matthew James Casebolt
    4. Robert Phillip Odle
    4 lawyer answers

    C.A.R. is an abbreviation for the Colorado Appellate Rules.

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  8. Pled to trespass in Denver County Court. Want to do 35 ( c ) petition. Do I file in district court or in county court ?

    Answered 8 months ago.

    1. Christopher Daniel Leroi
    2. Antony Mark Noble
    3. Brian B. Boal
    4. Stephen Clark Harkess
    4 lawyer answers

    You have to file it in the court in which the judgment of conviction was entered, which in your case is the county court. You are correct that Form 4 states "District Court" in the caption, so will will need to change that to "County Court." You should consult with an attorney before pursuing postconviction relief so that you are aware of the consequences of withdrawing your guilty plea. You may also need the assistance of an attorney because the rules governing postconviction relief are...

    7 lawyers agreed with this answer

  9. I have until March 6th to appeal a decision. I do not have an attorney. Yet. Can I file to get it rolling&then get an attorney .

    Answered over 1 year ago.

    1. Matthew Patrick Hand
    2. Christopher Daniel Leroi
    3. Antony Mark Noble
    4. William J Mertens
    4 lawyer answers

    You have forty-nine days from the date that you were sentenced to file an appeal of your conviction and sentence. The appeal would be limited to a small number of issues, such as whether you were given a proper advisement under Crim. P. 11, whether your sentence is illegal, unconstitutional, or unreasonable, or whether the court's order of restitution is erroneous. If you filed a motion to withdraw your plea prior to sentencing, and the court denied the motion, you could also raise the denial...

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  10. My lawyer was visibly drunk at my trial even calling me by the wrong names

    Answered 7 months ago.

    1. Antony Mark Noble
    2. Nathan Peter Hansen
    3. Matthew James Casebolt
    4. Benjamin William Hartford
    5. Mike E. Saint-Pre
    6. ···
    6 lawyer answers

    You may have a claim of ineffective assistance of counsel if your attorney's performance was deficient and you were prejudiced by that deficient performance. Claims of ineffective assistance of counsel are raised in postconviction proceedings under Crim. P. 35(c). There are different time limitations for filing a petition for postconviction relief depending on the type of conviction. You should also consider filing an appeal if you were convicted recently. An appellate court will not...

    6 lawyers agreed with this answer

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