Boulder Criminal Appeal Lawyer
Too often, criminal cases do not resolve in the way that they should within the Colorado legal system. The system is far from perfect, and a lot of things can go wrong along the way, including legal errors such as improper jury instructions or constitutional violations.
If something went wrong in your criminal defense case and you were convicted of a criminal offense, we can help. At Dolan + Zimmerman LLP, in Boulder, our Boulder criminal appeal lawyers are skilled litigators who know the Colorado criminal justice system inside and out. We are prepared to represent you through the appellate process, reviewing trial records to identify reversible errors and navigating both state and federal appeal processes.
What is an Appeal?
If your court case doesn’t end the way you think it should have, it may be possible for you to file an appeal to have a higher court look at the outcome. The higher court will review what happened to determine if there were any issues that would render the result of the case legally invalid. An appeal can end in several ways, including the following:
- The lower court’s finding – the original court – is upheld. In some circumstances, you may be able to file another appeal.
- The higher court disagrees with the lower court’s decision and changes the ruling.
- The higher court dismisses the case because the legal errors made in the lower court cannot be rectified.
- The case is sent back to the lower court for additional proceedings.
When Should You Appeal A Conviction Or Seek Other Post-Conviction Relief?
Maybe your Boulder defense lawyer did not communicate with you adequately or provide the guidance you needed. Maybe he or she did not represent you effectively or develop a strong defense strategy. Maybe the judge made an error that deprived you of a fair trial, or that otherwise made the legal process in your case unfair or unconstitutional, such as improper jury instructions or constitutional violations.
If these or other issues occurred during your case, seeking an appeal with a skilled Boulder criminal appeal lawyer should be your next step. Fortunately, a conviction is not the end of the road. There are a variety of remedies and post-conviction relief options that are available to you if you have been wrongfully accused (like mistaken identity or personal vendettas) or unfairly convicted.
It Is Important To Act Quickly
The appeals process is subject to strict deadlines, so it is very important to seek legal guidance for an appeal as soon as possible after your conviction to avoid missing critical filing deadlines.
In a consultation, we can assist you in determining whether filing an appeal makes sense in your case by providing an honest case evaluation based on legal research, written briefing, and analysis of trial transcripts. If it does, we, as your Boulder criminal appeal attorneys, will also help you understand how the appeals process works, including the review of trial court rulings and identification of reversible errors, so you know what to expect.
Choose the Right Appeals Attorney
If you find yourself in a situation where you need to file an appeal, choosing the right lawyer or law firm with experience in appellate law is crucial. Not all criminal lawyers fully understand the appeals process, including the strict deadlines for filing notices of appeal in Colorado and the importance of legal research, written briefing (legal arguments for reversal or modification of rulings), and preservation of issues. Consider the following when you are choosing a Boulder criminal appeal lawyer who has the potential to make all the difference in challenging a criminal conviction or sentence:
Experience. When determining who to hire, make sure you choose someone with relevant experience as a Boulder criminal appeal attorney and extensive experience in appellate law. An experienced and successful litigator won’t necessarily lead to a good appeals lawyer. Handling appeals involves many other skills, such as legal research, written briefing, analyzing trial transcripts, and oral arguments (presenting cases to a panel of judges and answering questions). Keep in mind that all appeals are different, so it’s also important to hire someone who has experience handling your particular type of issue.
Resources. Appellate cases often involve significant research and investigation to identify reversible errors (like mistaken identity that involves wrongful identification) and build a strong defense. If you hire a Boulder criminal appeal lawyer or a firm without the appropriate resources, you will be at a significant disadvantage. Make sure you hire a firm with the financial resources to do whatever it takes to build a successful appeal, including accessing trial transcripts, evidence review, and legal counsel. Additionally, it’s helpful to hire a firm that has secretaries, paralegals, and private investigators to assist them. It’s hard for one lawyer to do it all without a team.
Past Record. When you hire an appeals attorney, you want to hire someone who has handled appeals and has done so successfully. Appellate cases are often challenging, and it isn’t realistic to expect a firm to always succeed. However, you want to make sure that the firm you hire knows what it takes to pursue a successful appeal. Ask your potential lawyer how many similar cases they’ve handled, including those involving felony charges, misdemeanor charges, or other criminal charges, and how successful they’ve been. If the firm isn’t transparent and tries to dodge your question, this might be an indication to keep looking.
The Appeals Process for a Criminal Case Can Be an Uphill Battle in Boulder County
While it’s always beneficial to have the option of appealing a decision, many clients don’t realize how difficult the appeals process can be in criminal cases involving serious crime charges (such as felony assault, sex offenses, domestic violence, or even misdemeanor and petty offences like disorderly conduct). There are very specific rules about what the appellate court is allowed to look at, including strict deadlines for filing notices of appeal in Colorado. It usually isn’t simply a second chance to try your case or introduce new evidence, such as witness testimony or police reports. The appellate court often defers to the decision of the lower court, especially if it’s a close call.
This isn’t meant to deter you from filing an appeal. It’s simply important to understand the difficulties of the appeals process, the potential consequences of a criminal conviction—including life-altering penalties such as jail, probation, fines, or even charges reduced—and how frustrating and time-consuming it can be at times. A conviction can impact many aspects of your life, from professional licensure and immigration status to job opportunities, housing, educational opportunities, and parental rights. Whether your case involves theft, drug offenses, or other serious allegations, having the right legal guidance is crucial to protecting your future.
Contact a Boulder Criminal Appeal Lawyer for a Criminal Defense Appeal Today
If you need to hire a Boulder criminal appeal attorney, it’s important to hire someone who will fight for you until the very end. If you aren’t successful with your appeal, you may be out of options. The attorneys at Dolan + Zimmerman LLP will do whatever it takes to help protect your rights and defend your case. Call us today or send us an email for a free consultation to speak about your options with one of our lawyers.