In Colorado, you must file your Notice of Appeal within 49 days after your sentence is imposed or within 35 days after denial of a timely post-trial motion. Missing this deadline could mean the court denies your right to appeal. If you are considering an appeal, contact me immediately, as this is easily one of the most important aspects of an appeal and every day counts.

First, we file your Notice of Appeal and build the record: Usually consisting of the court file and transcripts. Then we carefully review every detail of your record to identify preserved errors or present other arguments preserved (commonly known as structural or plain errors). We then file an Opening Brief explaining why your conviction should be reversed or other relief should be granted. The prosecution responds, and then we can file a Reply Brief. The Court of Appeals will review the arguments, and either party, or the court, may request oral argument before the Court makes its decision. The process typically takes 12-18 months. If the Court rejects your appeal, you have the right to petition the case to the Colorado Supreme Court where, if the case is accepted by the Supreme Court, a similar process unfolds.

You can challenge various errors, and it is impossible to list them all here. However, a non-exclusive list includes:

• Improper admission or exclusion of evidence

• Prosecutor misconduct

• Incorrect jury instructions

• Insufficient evidence to support conviction

• Sentencing errors

• Constitutional violations such as failing to suppress evidence taken by police without consent or through coercion

While normally one can only raise issues that were properly preserved by attorneys that objected at trial, there are some exceptions. This is why it's crucial to have experienced appellate counsel review your case — we know what to look for and how to present it effectively to the court, even when it wasn’t obvious when it happened.

In Colorado, a defendant can request an appeal bond, but it's not guaranteed. For appeals from District Court, the court considers several factors, including:

• The likelihood your appeal will succeed

• Whether you're a flight risk

• Public safety concerns

• The length of your sentence

• Any ties to the community

• Any criminal history

For felony cases, the judge has complete discretion to grant or deny appeal bond.

For County Court Appeals (including traffic cases): The court MUST grant you an appeal bond if a timely notice of appeal is filed. This is a right, and it automatically stays the sentence while the appeal is pending. However, the bond amount set by the court would still need to be posted.

Ensuring the right bond argument is put forward, and with enough time, is thus absolutely essential.

No lawyer can promise a result on appeal, but your chances depend on what legal or constitutional errors occurred at trial and how those errors appear in the record. Appeals are hard to win, and the appellate court will only consider the errors that appear in your trial record. That’s why you need a lawyer who knows how to evaluate a case strategically and spot issues others overlook. The best way to understand your chances is to have your transcripts and filings reviewed by an appellate attorney who handles criminal appeals every day.

Because appellate work involves deep analysis of the trial record and a highly specialized written brief, criminal appeals are usually handled for a flat fee. The cost depends on how large the record is and how complex the potential legal issues are. For clients with strong cases who genuinely need help, I offer payment plans that allow the work to move forward without compromising the quality of the appeal.

After our free consultation, I can give you a clear, upfront quote and explain exactly what the fee covers.