A criminal conviction does not always have to be the final word. Colorado law provides a formal process for challenging a conviction or sentence after direct appeals have ended.
What post-conviction relief means
Post-conviction relief is a legal challenge filed in the trial court after the appeal process is complete. It is separate from a direct appeal. The most common vehicle is a Rule 35 motion which covers three distinct types of relief:
- Rule 35(a): Corrects an illegal sentence.
- Rule 35(b): Covers sentence reconsideration and requires filing within 126 days of the sentence becoming final.
- Rule 35(c): Addresses the broadest range of claims, including constitutional violations and newly discovered evidence.
Each rule addresses a different type of error, so the facts of your case determine which applies.
Who may qualify
You may qualify if your conviction or sentence was affected by a legal or constitutional error. Common grounds include:
- Ineffective assistance of counsel: Your attorney failed to provide a competent defense.
- Newly discovered evidence: New evidence exists that could have changed the outcome.
- Constitutional violations: Your rights were violated during the trial or plea process.
- Illegal sentence: Your sentence exceeded what the law allows.
- Immigration consequences: You accepted a plea without learning it could affect your immigration status.
Not every case qualifies and courts apply a high standard of proof to these claims.
Filing deadlines you need to know
Time limits apply to most Rule 35(c) motions. The standard deadlines run from the date of conviction or the conclusion of a direct appeal. Class 1 felonies carry no filing deadline. All other felonies allow three years. Misdemeanors require filing within 18 months and petty offenses within six months. Narrow exceptions exist for newly discovered evidence and similar circumstances.
Talking with an attorney about your options
Post-conviction relief involves complex procedural rules and strict deadlines. Missing a deadline or omitting a ground from your initial motion can limit your options later. A lawyer can review your case and help you understand whether a Rule 35 motion may apply to your situation.