Denver criminal defense lawyer / direct appeals

Before someone convicted of a crime can file an action for post-conviction relief and argue that his Denver criminal defense lawyer performed inadequately, he must go through the direct appeals process. This means hiring a lawyer to review the original case and find the issues that are appealable. First things first, though, the defendant must decide relatively quickly whether to file an appeal. The time limit for filing a notice of appeal is generally just 30 days. Once the defendant decides to appeal, hires a Colorado appeals attorney, and files the notice of appeal, the real work starts. First, the most important aspect of appeals, unlike the initial trial, is written advocacy. The judges do not even hear argument on the majority of cases, simply deciding them on the basis of the filings made by the parties. So the first step for the defendant and his lawyer is to review the case and look for places where the trial court may have made a mistake. Although there may be a large number of these, the defendant should focus the argument on just a few arguments, and make those arguments highly persuasive. A brief that stretches too thin and is not selective in its arguments is much less likely to succeed.

The attorney will then file a brief outlining the points where the trial court erred. The state then files a response brief with the court. The defendant hand his or her attorney may ask for the chance to bring a rebuttal, where they address new points that were brought up in the state's brief. At this point, the court may decide to decide the case or schedule it for oral argument. Oral argument only takes place where the court sees the case as exceptionally important or wants further clarification as to some of the issues in the case. Nonetheless, it is crucial that a good appellate attorney be able to both read and speak clearly to be at his most persuasive.