There is hope for wrongfully convicted individuals. Convicted individuals may be eligible for a reduction to their sentence or a vacation of their wrongful conviction. Although the process is an uphill battle, Attorney James Frazier is experienced in drafting, reviewing, and arguing petitions to overturn a wrongful conviction.
Overview of Postconviction Procedure:
Colorado state law is unique in that it provides wrongfully convicted defendants with mechanisms to overturn their convictions, or reduce their unfair sentences. Pursuant to Colorado Rule of Criminal Procedure 35(c); postconviction relief is available to defendants whose convictions were obtained in violation of the Constitution of Colorado, or the Constitution of the United States. This rule and process is unique to Colorado and there is no analog in the federal system.
Reducing an Excessive Sentence pursuant to Crim. P. 35(b):
Colorado Rule of Criminal Procedure 35(b) allows convicted defendants to petition the court for a reduction of their sentence. The court may not increase a sentence after reviewing a petition filed under Crim. P. 35(b). Accordingly, attorney James Frazier believes that all defendants should make a filing under this rule in order to obtain a more favorable sentence.
Filings under this rule must be made 126 days after the imposition of sentence and after the conclusion of all other direct appeals.
Vacating a Wrongful Conviction pursuant to Crim. P. 35(c):
Generally, the most common way to vacate a wrongful conviction is to allege that trial counsel was ineffective. This is because the Colorado Supreme Court recognizes that claims of ineffective assistance of counsel are difficult to raise during traditional appeal. The 35(c) process allows the sentencing court to take a deeper look at trial counsel’s performance and other issues of law and fact surrounding your wrongful conviction. This means that you can use the 35(c) process to develop new evidentiary issues which could not be developed during a traditional appeal.
Judges scrutinize 35(c) petitions and presume that defendant's convictions are valid. Yet, judges may order the district attorney’s office to respond to a petition if the court spots a substantive issue of law or fact. Court may then make a ruling on the briefs, or proceed to a hearing challenging the validity of a conviction. These hearings operate similarly to other motions hearings.
Contact attorney James Frazier about your wrongful conviction today at (720) 583-5529.
Overview of Postconviction Procedure:
Colorado state law is unique in that it provides wrongfully convicted defendants with mechanisms to overturn their convictions, or reduce their unfair sentences. Pursuant to Colorado Rule of Criminal Procedure 35(c); postconviction relief is available to defendants whose convictions were obtained in violation of the Constitution of Colorado, or the Constitution of the United States. This rule and process is unique to Colorado and there is no analog in the federal system.
Reducing an Excessive Sentence pursuant to Crim. P. 35(b):
Colorado Rule of Criminal Procedure 35(b) allows convicted defendants to petition the court for a reduction of their sentence. The court may not increase a sentence after reviewing a petition filed under Crim. P. 35(b). Accordingly, attorney James Frazier believes that all defendants should make a filing under this rule in order to obtain a more favorable sentence.
Filings under this rule must be made 126 days after the imposition of sentence and after the conclusion of all other direct appeals.
Vacating a Wrongful Conviction pursuant to Crim. P. 35(c):
Generally, the most common way to vacate a wrongful conviction is to allege that trial counsel was ineffective. This is because the Colorado Supreme Court recognizes that claims of ineffective assistance of counsel are difficult to raise during traditional appeal. The 35(c) process allows the sentencing court to take a deeper look at trial counsel’s performance and other issues of law and fact surrounding your wrongful conviction. This means that you can use the 35(c) process to develop new evidentiary issues which could not be developed during a traditional appeal.
Judges scrutinize 35(c) petitions and presume that defendant's convictions are valid. Yet, judges may order the district attorney’s office to respond to a petition if the court spots a substantive issue of law or fact. Court may then make a ruling on the briefs, or proceed to a hearing challenging the validity of a conviction. These hearings operate similarly to other motions hearings.
Contact attorney James Frazier about your wrongful conviction today at (720) 583-5529.
Frazier Legal LLC
"The arc of the moral universe is long; but it bends towards justice." -- Dr. Martin Luther King Jr.
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