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Antony Mark Noble
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Antony Noble’s Answers

46 total


  • Is there a list of attorneys obtainable to the general public that specialize only in 35(c) motions?

    My friend received over 100 yrs. for securities fraud. 40 counts give or take a few, all run consecutively at 3 yrs apiece. Unfathomable. He needs a specialist on his team that can follow a complicated financial criminal case. This is not easy to ...

    Antony’s Answer

    You could Google "postconviction Colorado" and get a list of law firms and attorneys to contact. Ask the lawyers you contact how many postconviction proceedings they have handled and how long they have been representing people in postconviction proceedings. Also ask them how much of their practice is dedicated to postconviction work. The answers to these questions should help you determine whether the lawyers specialize in postconviction work.

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  • Appeals bond and custody

    I have a question about a sentencing hearing for a criminal case and plans to file for an appeals bond. So the judge issues the sentence which, say, includes jail time. After the sentence is pronounced the defense attorney says that he wishes to f...

    Antony’s Answer

    If your appeal is from county court to district court, a stay of sentence is mandatory under section 16-2-114(6) and Crim. P. 37(f). See In re: People v. Steen, 318 P.3d 487 (Colo. 2014). When the court grants the stay and sets the amount of the bond, the court should give the defendant a time to report to the jail or pay the bond.

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  • What does a denial of writ of certiorari mean when it comes to a 35c case. Is this the end of the line for me to get off

    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...

    Antony’s Answer

    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.

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  • Sentenced to an 18 month probationary period in gilpin country for a DWAI marijuana charge. Can I receive an early termination?

    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...

    Antony’s Answer

    • Selected as best answer

    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.

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  • In need of a Criminal Defense attorney who has experience with appeals.

    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...

    Antony’s Answer

    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.

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  • Will filing motion for 35C waive direct appeals or affect it?

    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...

    Antony’s Answer

    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.

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  • Jail or prison?

    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?

    Antony’s Answer

    Jail is for misdemeanors and prison is for felonies.

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  • Would I stand a chance in winning this sexual assault case against my own father?

    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 ...

    Antony’s Answer

    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.

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  • Exchanging photos with someone under eighteen?

    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...

    Antony’s Answer

    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.

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  • Do Probation Officers & Judges have a code of conduct/ethics to follow?

    If so where is the list of both? A link would be most helpful. Thanks

    Antony’s Answer

    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:

    http://www.coloradojudicialdiscipline.com

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