Thank you all for looking. I submitted a question last month regarding my lawyer not contacting me for 2 years regarding my case. Well I get a letter in the mail today showing a date of 2-9-2015 that a writ has been denied. My question: is this th...
You may still have a couple of options. First, you may have a claim of ineffective assistance of postconviction counsel that you could assert in a subsequent petition for postconviction relief. Second, if your original petition for postconviction relief was filed within the federal time limitation, you may have federal claims that you can assert in a petition for habeas corpus.
You may also file a motion for early termination of probation.See question
sentenced to an 18 month probationary period, was on pretrial supervision for four months up until my sentencing. Have been clean, and strictly compliant for seven months now. only two and a half months into my actual probationary period. First of...
Yes, the court has discretion to terminate probation under section 18-1.3-204(4)(a). I had a case recently in which my client was sentenced to three years of probation for a DWAI and the court terminated his probation after nine months because he had done everything that was required of him. You may want to wait a little bit longer until you file a motion to terminate probation, and you should also try and get the support of your probation officer.See question
I am researching criminal defense attorney's who have experience with filing an appeal. The case has yet to be sentenced. I need to know how long I have to file for an appeal after a conviction. Would like to find someone who has a lot of backgrou...
If your case is in county court, the appeal is to district court, and the deadline to file the appeal is 35 days after sentencing.
If your case is in district court, the appeal is to the court of appeals, and the deadline to file the appeal is 49 days after sentencing.
It is a good idea to retain an appellate attorney prior to sentencing, because you will then have everything set up for the appeal as soon as you are sentenced. An appellate attorney can also assist with making any further record prior to the filing of the appeal.
To find an attorney with experience in criminal appeals, you can use the "Find a Lawyer" search on Avvo and enter the search terms "appeals" or "appellate" and look for someone who has experience in appeals and criminal defense.See question
My fiance 25 yrs old, was found guilty of 1st degree assault with a deadly weapon after he was attacked in his own home, the "victim" was originally the one charged then they dropped the charges and put them on my fiance. He recently dismissed his...
A petition for postconviction relief pursuant to Crim. P. 35(c) cannot be filed until the direct appeal has concluded. The Court of Appeals has jurisdiction over the case during the appeal, and the petition for postconviction relief is filed in the district court, which does not have jurisdiction during the appeal. One the mandate has issued after the direct appeal, the district court will have jurisdiction over the case and the petition for postconviction relief can then be filed. The deadline to file a petition for postconviction relief challenging a non-class-one felony is three years from the date of the issuance of the mandate.See question
What factors determine whether an offender is sent to jail, or to prison? The severity of the crime, the length of the sentence, space availability, or something else?
Jail is for misdemeanors and prison is for felonies.See question
I'm 21and my father tried to get me to give him a hand job or a blow job when I was REALLY REALLY REALLY drunk. He was a bit drunk too, but I was considerably more so. He didn't use force, but he did try and convince me with his words and exposed ...
If you report this incident to the police, your father could be charged with attempted incest and indecent exposure.
If convicted of attempted incest, your father could be given an indeterminate sentence in the Department of Corrections where he would have to successfully complete sex offender treatment before being given the opportunity to be released on parole (during which he would have to continue with sex offender treatment and register as a sex offender).
If given probation, the term would also be indeterminate and he would have to attend sex offender treatment and register as a sex offender, and there is a likelihood that his probation would be revoked and he will be given an indeterminate sentence in the Department of Corrections.
If convicted of indecent exposure, which is a misdemeanor under these circumstances, your father could be sentenced to a term of six to eighteen months in jail or given probation during which he would have to complete sex offender treatment and register as a sex offender.
There is a possibility that your father could be convicted of a sex offense for this incident, and the consequences of being convicted of a sex offense in this state are severe. I am not sure whether you would consider these consequences a win.See question
So I have this friend who lives in Arvada Colorado and is 18, who is gay and he met this guy on a chat and dating website. They talked for awhile and then they decided to exchange phone numbers. Well on the online dating website this guy that my f...
Your friend would be guilty of internet exploitation of a child under section 18-5-405.4, C.R.S., a class four felony, if he sent pictures of his intimate parts to a person he knew or believed to be under fifteen years old. He would also be guilty of invasion of privacy for sexual gratification under section 18-3-405.6, C.R.S., a class six felony, if he knowingly observed or took a photograph of the intimate parts of a person under fifteen years of age. He would not be guilty of either offense if he is less than four years older than that person.See question
If so where is the list of both? A link would be most helpful. Thanks
Here is a link to the web site of the Colorado Commission on Judicial Discipline, which has links to the Colorado Rules of Judicial Discipline and the Colorado Code of Judicial Conduct:
My attorney did not explain to me the whole charge that i end up plea bargaining to which was a theft charge. i should have never took it and he knew i wasn't comfortable with that at all. .I pawned a bike, He told me that it was a felony and he w...
If you want to try and withdraw your guilty plea you could file a claim of ineffective assistance of counsel in postconviction proceedings. You would have to establish that your attorney's performance was deficient and that you were prejudiced by that deficient performance, i.e. that but for counsel's deficient performance you would have rejected the plea offer and insisted on proceeding to trial.
For a misdemeanor, you only have eighteen months from the date of sentencing to file a petition for postconviction relief.
You should consult with a postconviction attorney about your options.See question
They both knew I was innocent, and now I have new evidence. I'm trying to figure out who is the "decision maker" here.
A claim of newly discovered evidence should be asserted in a petition for postconviction relief under Crim. P. 35(c). If this is a felony case, you have three years to file the petition. If this is a misdemeanor case, you have eighteen months to file the petition.
The petition is filed in the court in which you were convicted and must specifically state what evidence you have discovered and how that evidence would have changed the outcome of the proceedings. If the court determines that your petition is meritorious, it must set the matter for an evidentiary hearing. At the evidentiary hearing, you will have to admit the new evidence and prove that there is a reasonable probability that it would have changed the outcome of the proceedings, i.e. there is a reasonable probability that you would have been acquitted or that you would not have pleaded guilty. The court decides whether or not you are entitled to postconviction relief.
Postconviction proceedings are very technical and there are many procedural bars to relief. You should consult with a postconviction attorney about your options.See question