By Tillman Clark, Colorado criminal appeals and postconviction attorney. Last reviewed October 2026.
The verdict is not the end. In most Colorado felony cases, the notice of appeal is due 49 days after sentencing. Your loved one gets one direct appeal, and what gets raised in it matters. Claims about the trial lawyer come later, in a separate Rule 35(c) motion. Here's what happens next, and what your family can do this week.
The deadlines
Motion for a new trial: 14 days after the verdict (Crim. P. 33)
Notice of appeal: 49 days after sentencing (C.A.R. 4(b))
Request to reduce the sentence: 126 days after sentencing (Crim. P. 35(b))
Challenge to the trial lawyer's work, or evidence the jury never heard: 3 years after the appeal ends for most felonies; no limit for class 1 felonies (Crim. P. 35(c); C.R.S. ยง 16-5-402)
Illegal sentence: any time (Crim. P. 35(a))
Is it really over?
No. A direct appeal asks the Colorado Court of Appeals whether legal errors at trial require a new trial or a new sentence. After the appeal, a Rule 35(c) motion can raise what the appeal can't: what the trial lawyer got wrong and what the jury never heard. Each step has its own deadline, and missing one can close that door for good.
When is the deadline, and when does it start?
The notice of appeal is due 49 days after the judgment is entered, which in practice is the sentencing date. Only a timely motion for a new trial, for judgment of acquittal, or in arrest of judgment changes that clock. A motion to reduce the sentence does not, so treat the two as separate deadlines.
The court can extend the deadline by up to 35 days for excusable neglect. Don't count on it. If the notice isn't filed in time, the direct appeal is usually lost.
Who files the appeal?
The trial lawyer stays responsible until a notice of appeal is filed, so ask them directly whether they are filing it. Some trial lawyers handle the appeal themselves. Many don't.
If a public defender tried the case, the State Public Defender's appellate lawyers usually handle the appeal at no cost, and many of them are very good. Some families still hire a private appellate lawyer because they want one lawyer who reads the whole record and whom they can reach directly. Either way, a fresh set of eyes matters: the trial lawyer can't argue that their own work was ineffective.
One more thing families should know before hiring anyone. Even when the family pays, the person convicted is the client. I share information with the family only as the client permits.
Can they get out while the appeal is pending?
After a serious felony, usually not. Colorado law does not allow bond pending appeal after a conviction for murder, a crime of violence, any felony in which a firearm was used, and certain sex offenses, among others. For everyone else, the judge must find that the person won't flee, isn't a danger, and has an appeal that isn't frivolous.
The sentence starts right away. A prison sentence can be paused for at most 63 days after the notice of appeal unless bond is granted. Read more about bond pending appeal.
Is the appeal a new trial?
No, and this is the biggest surprise for most families. The Court of Appeals reads the record: the transcripts, exhibits and filings from the trial. It hears no new witnesses and does not re-decide who was telling the truth.
Many families believe the case turned on a witness who lied, and that the appeal is where the lie finally gets exposed. The appeal can't do that. What it can do is find legal errors, like evidence that should have been kept out or a wrong jury instruction, and order a new trial, a new sentence, or a correction to part of the judgment. Most Colorado criminal appeals are decided on the written briefs, and the process takes well over a year. Most appeals do not win, which is why what gets raised matters.
What if the real problem was the trial lawyer?
Then the main fight is usually a Rule 35(c) motion, not the appeal. That motion is filed in the trial court, and the judge can hold a hearing and take new evidence. For most felonies it's due within three years after the appeal ends. For class 1 felonies there is no deadline.
The mistake I see most is families hearing "the appeal comes first" and assuming the 35(c) can wait. Then the appeal ends, a year slips by, and the witnesses are gone or can't remember. Signs of ineffective assistance of counsel.
What can we do this week?
Write down the sentencing date and the county.
Ask the trial lawyer, in writing: Is a notice of appeal being filed, and who is handling the appeal?
Get a copy of the sentencing order (called the mittimus).
Write a dated list of what the trial lawyer did and didn't do. Keep it for the next lawyer only.
Don't discuss the case on jail calls, by text or online. Assume every jail call is recorded.
Don't wait for transcripts or for a ruling on a sentence-reduction request before acting on the 49 days.
Don't pay anyone who promises an outcome.
Talk to an appellate lawyer, even if you've been told the appeal is handled.
How I handle these cases
I'm a solo Colorado lawyer, and appeals and postconviction cases are all I do. I spent seven years as a trial lawyer before that. I personally handle every case: I read every page of the record and write every brief myself. In the first conversation, I'll tell you the weaknesses in the case, not just the strengths.
Common questions
Can you appeal a guilty verdict in Colorado?
Yes. Every person convicted at trial has the right to one direct appeal to the Colorado Court of Appeals. The notice of appeal is usually due 49 days after sentencing.
How long do you have to appeal a felony conviction in Colorado?
49 days after the judgment is entered, which is normally the sentencing date. A court may extend that by up to 35 days for excusable neglect, but families shouldn't rely on it.
Does the trial lawyer automatically file the appeal?
Not necessarily. The trial lawyer is responsible until a notice of appeal is filed, but you should confirm in writing that it is being filed and who will handle the appeal.
Learn more: direct appeals, serious felony and homicide appeals, Rule 35(c), and how to choose an appeals lawyer.
Talk with Tillman
Consultations are free, and you will speak with me, not with staff. Call 720-507-5814 or send me a message.
This page is general information about Colorado criminal procedure and is not legal advice about any particular case. Rules, statutes and deadlines change; confirm current requirements with a lawyer about your specific situation. Attorney advertising. Prior results do not guarantee a similar outcome.
