An appeal asks a higher court to decide whether serious legal errors were made in your case. Fairlaw Colorado handles criminal appeals in the Colorado Court of Appeals, the Colorado Supreme Court, and the federal appellate courts, and works on postconviction challenges when a direct appeal is no longer available.
What an appeal is, and is not
An appeal is not a new trial. The appellate court reviews the record from your trial court case, meaning the transcripts, exhibits and filings, and decides whether legal errors occurred and whether they require relief. That makes the quality of the written argument, and how well it fits the record, central to the result.
The deadline comes first
In Colorado, a defendant’s notice of appeal in a criminal case is generally due 49 days after entry of the judgment or sentence being appealed (C.A.R. 4(b)). A motion to reconsider the sentence does not pause that clock. Federal criminal appeals have their own, shorter deadline. If you or someone you love was recently sentenced, the first step is to confirm the date and the deadline, even if you are not yet sure you want to appeal.
Issues we raise on appeal
- Rulings on motions to suppress evidence obtained through unlawful searches or seizures
- Jury instructions that misstated the law or left out a defense
- Evidentiary rulings, including improperly admitted or excluded evidence
- Prosecutorial misconduct, including withheld evidence
- Insufficient evidence to support a conviction
- Jury selection problems
- Sentencing errors, including illegal or disproportionate sentences
Other ways to challenge a conviction or sentence
When the direct appeal is over, other routes may remain, including postconviction motions in state court and federal habeas corpus petitions. These have their own strict filing deadlines and procedural rules, and missing one can end the claim.
How an appeal works
- Notice of appeal. Filed within the deadline, starting the case in the appellate court.
- Record. The trial court sends the case file and transcripts to the appellate court.
- Opening brief. The written argument identifying each error and why it requires relief.
- Answer and reply. The prosecution, represented by the Colorado Attorney General in state appeals, responds, and the defense may reply.
- Decision. Usually issued by a three-judge panel after the briefs are complete. State felony appeals commonly take one to three years from start to finish.
Our approach
Michael Fairhurst reads the whole record himself and builds the argument around the strongest issues rather than listing every possible one. We also tell you plainly when an appeal is unlikely to change the outcome so you can decide how to use your time and resources.
Frequently asked questions
Can I appeal if I took a plea?
Sometimes. A guilty plea limits the issues that can be raised, but certain claims, such as problems with the sentence or the plea itself, may still be available.
Will I get a new trial if the appeal succeeds?
It depends on the error and the relief the court orders. Possible outcomes include a new trial, a new sentencing hearing, or a vacated conviction.
Can a family member contact you for me?
Yes. We can speak with a family member about the process, and we will confirm the decision to appeal with the person convicted.
Talk to a criminal appeals lawyer
Because the deadline runs from sentencing, contact us or call (720) 316-8061 as soon as you can.
This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome in any other matter.