Best Wrongful Conviction Lawyers in Colorado

What a wrongful-conviction claim involves in Colorado

A wrongful-conviction case may seek a new trial, dismissal, a corrected sentence, or financial compensation after a conviction is overturned. Colorado cases often involve postconviction litigation in the trial court, appellate review, newly discovered evidence, ineffective assistance of counsel, prosecutorial misconduct, or unreliable forensic evidence.

The correct procedure depends on whether the conviction is final, whether an appeal is pending, and whether the person is incarcerated. A lawyer must also separate a claim of factual innocence from an ordinary legal error, because Colorado uses different remedies and eligibility requirements.

Why you may need a lawyer

• New DNA or forensic evidence: A lawyer can identify the appropriate Colorado procedure for testing evidence, locating preserved samples, and presenting results to the court.
• A conviction based on unreliable evidence: False testimony, undisclosed favorable evidence, flawed forensic methods, or improper identification procedures may support postconviction relief.
• Ineffective assistance of trial or appellate counsel: Colorado Rule of Criminal Procedure 35(c) may provide a route to challenge serious constitutional failures by defense counsel.
• An appeal has been denied or deadlines are approaching: Direct appeals and postconviction motions have different filing requirements. Missing a deadline can restrict available remedies.
• A person has been exonerated and seeks compensation: The Colorado compensation process requires proof and a court filing under the Compensation for Certain Exonerated Persons Act.

Colorado laws and procedures that may apply

Compensation for Certain Exonerated Persons Act, Colorado Revised Statutes section 13-65-101 et seq. This law, enacted in 2013 and effective January 1, 2014, provides a state-court process for certain people who were wrongfully convicted and later exonerated. Eligibility depends on statutory requirements, including how the conviction was vacated and whether the person can establish actual innocence.

Colorado Rules of Criminal Procedure, Rule 35(c). This rule governs many constitutional and postconviction challenges, including claims involving newly discovered evidence, unlawful custody, and ineffective assistance of counsel. Filing limits and exceptions can depend on the claim and the procedural history.

Colorado Rules of Criminal Procedure, Rules 35(a) and 35(b). Rule 35(a) addresses an illegal sentence, while Rule 35(b) concerns sentence reconsideration in specified circumstances. These rules generally do not replace a claim that the person was factually innocent, but they may matter when the conviction or sentence has separate legal defects.

Frequently asked questions

What is the first step after discovering evidence of innocence?

Preserve the evidence and obtain the complete court, police, laboratory, and prosecution files. A lawyer can determine whether the evidence supports a motion under Rule 35(c), a request for testing, an appeal, or another remedy.

Can a Colorado lawyer reopen a conviction after a direct appeal ends?

Possibly. A postconviction motion may remain available after direct review, but procedural bars, time limits, and prior litigation can affect the case.

Does a claim require proof of actual innocence?

Not every postconviction claim requires actual innocence. Constitutional violations, unlawful sentences, and ineffective assistance may justify relief without conclusively proving who committed the crime.

Can someone who pleaded guilty bring a wrongful-conviction claim?

Sometimes. A guilty plea may be challenged for constitutional defects, material misinformation, coercion, or newly discovered evidence, but the legal standard is often demanding.

Can newly discovered evidence include a recanted witness statement?

It can, but courts closely examine whether the recantation is reliable and whether it would probably change the result. Independent documents, physical evidence, or testimony may be needed to corroborate it.

How does DNA testing work in Colorado postconviction cases?

A court may consider whether biological evidence exists, whether it was preserved, and whether testing could produce materially relevant results. Counsel may need to obtain chain-of-custody records and address testing costs or laboratory access.

Can an exonerated person seek money from Colorado?

Potentially, under the Compensation for Certain Exonerated Persons Act. The person must satisfy the Act's eligibility requirements and file the required court petition; an overturned conviction alone does not automatically guarantee compensation.

How much does a wrongful-conviction lawyer cost?

Fees vary by the work required, including investigation, records review, expert analysis, hearings, and appeals. Some lawyers use hourly or flat fees, while nonprofit innocence organizations may accept only a limited number of cases and generally do not take ordinary fee-paying matters.

How long can a Colorado postconviction case take?

A straightforward records review may take weeks or months, while investigation, forensic testing, briefing, and appeals can take years. The timeline depends on evidence preservation, court scheduling, and whether prosecutors agree to relief.

Can a lawyer help if the person is still incarcerated?

Yes. Counsel can investigate the conviction, communicate with correctional officials about records, and pursue available state or federal remedies. The person should avoid discussing case facts on recorded calls or with unrepresented witnesses before receiving legal advice.

Is a wrongful-conviction case the same as a civil-rights lawsuit?

No. A postconviction proceeding primarily challenges the conviction or sentence. A separate civil action may seek damages for misconduct, but different defendants, immunities, filing deadlines, and proof requirements apply.

Can Colorado's public defender represent someone in a postconviction case?

The Office of the State Public Defender may provide representation in qualifying criminal matters, including some appellate or postconviction proceedings. Eligibility and appointment depend on the case and applicable law, so a person should ask the court or the office about the available procedure.

Official Colorado resources

• Colorado Judicial Branch: Provides court information, procedural rules, forms, opinions, district court contacts, and information about self-represented litigants.
• Colorado General Assembly: Publishes the current Colorado Revised Statutes, including the Compensation for Certain Exonerated Persons Act, and tracks legislative amendments.
• Office of the Colorado State Public Defender: Provides constitutionally required representation for eligible people facing criminal proceedings and may address qualifying appellate or postconviction matters.

Next steps for finding and hiring a Colorado lawyer

1. Collect the core records within the next one to two weeks. Gather the charging document, judgment, sentencing order, appellate opinions, prior motions, police reports, discovery, laboratory reports, and any evidence supporting innocence.
2. Identify every deadline immediately. Ask a lawyer to review direct-appeal deadlines, Rule 35 filing limits, evidence-testing procedures, and the compensation petition requirements.
3. Search for lawyers with relevant postconviction experience. Use the Colorado Bar Association's lawyer-referral resources, the Colorado Judicial Branch directory information, and referrals from established criminal-defense organizations.
4. Contact several suitable lawyers within two to four weeks. Ask whether they handle Colorado Rule 35(c) litigation, innocence investigations, DNA issues, appeals, and compensation petitions.
5. Prepare for the initial consultation. Provide a chronological case summary, identify disputed evidence, explain prior appeals, and disclose all previous lawyers and court filings.
6. Compare the proposed representation agreements. Confirm the scope of work, fee structure, investigation costs, expert expenses, communication expectations, and whether appeals or compensation claims are included.
7. Preserve evidence and follow counsel's instructions. Do not contact witnesses, post case materials publicly, or alter documents. A lawyer can coordinate evidence preservation and decide which court filing should come first.