Quick answer: After a Denver conviction, the typical Colorado path is a direct appeal based on the trial record, and sometimes a separate postconviction motion for issues needing new facts. In many cases, the notice of appeal is due about 49 days after sentencing and is filed in the trial court (often Denver District Court). An appeal argues legal error; postconviction can develop evidence like ineffective-assistance claims.
What an Appeal Lawyer Actually Does
A criminal appeal is a rule-driven process focused on legal mistakes shown by the trial record, not a second trial. A criminal appeal lawyer Denver typically starts by getting the complete record: transcripts, exhibits, motions, and the written orders that explain what the judge decided.
In Colorado, a direct appeal from a felony conviction in Denver usually goes to the Colorado Court of Appeals after you file a notice of appeal in the trial court (often Denver District Court). A commonly cited deadline is 49 days after the judgment of conviction and sentence are entered. These requirements come from the Colorado Appellate Rules (especially C.A.R. 3 and related timing provisions), and the clerk’s office can confirm the current filing instructions. The lawyer’s job is to identify appealable issues, meet formatting and briefing rules, and write the opening brief that asks for a specific remedy (such as a new trial or resentencing).
Appeal vs. Postconviction: Quick Decision Triggers
Use the record as the dividing line. An appeal may fit if the problem is visible in the transcripts and rulings—examples include an arguably wrong suppression ruling, an objectionable evidentiary ruling, incorrect jury instructions, limits on cross-examination, or a sentencing error reflected in the sentencing record.
Postconviction relief in Colorado is often pursued under Crim. P. 35(c) when you need fact-finding or evidence outside the record—examples include ineffective assistance based on what counsel did off the record, newly discovered evidence, or claims that require testimony or documents that were never introduced at trial. Edge cases exist: some ineffective-assistance arguments can be raised on direct appeal if the existing record is sufficient, and some claims can be barred if not raised at the right time. A lawyer can map which issues belong in which vehicle and whether the filings should run in parallel or in sequence.
Limits on New Issues and Evidence (and the Common Exceptions)
On direct appeal, you usually cannot add new evidence, and you usually cannot raise brand-new issues that were never presented to the trial court. Appellate courts generally review what the judge and parties did based on the record that was made.
Colorado does recognize exceptions in certain situations. Unpreserved issues may be reviewed under standards like plain error in appropriate cases, and jurisdictional defects can sometimes be raised even if they were not fully litigated below. The exact standard of review matters a lot because it changes what you must show to get relief. These concepts are addressed in Colorado appellate practice and are reflected in the Colorado Appellate Rules and Colorado case law, so the safest approach is to assume preservation and deadlines matter unless a lawyer confirms an exception applies.
What to Do in the Next 48 Hours
First, confirm the exact date the judgment of conviction and sentence were entered, because Colorado’s notice-of-appeal clock commonly runs from that entry date (often described as 49 days in criminal cases). If you are close to that deadline, prioritize filing the notice of appeal in the trial court (typically Denver District Court) and then sorting out transcripts and briefing. The timing and filing location are governed by the Colorado Appellate Rules, including C.A.R. 3.
Second, preserve paperwork and the record you already have: the mittimus or judgment, sentencing orders, bond conditions, written motions, and any minute orders. Third, request transcripts promptly through the court’s process (or ask counsel to do it), because transcript preparation can take time and briefing schedules often depend on it. Avoid relying on memory—write down what happened and where it appears in the record (hearing dates, witness names, exhibit numbers), since appeals are built from citations to transcripts and orders.
If you want help assessing the best Colorado path—direct appeal, a Crim. P. 35(c) postconviction motion, or both—and making sure you don’t miss a filing deadline, DeChant Law is a place to start.