Facing a conviction is overwhelming. If your case was heard in Colorado Springs or elsewhere in El Paso County, you may be able to ask a higher court to review what happened at trial. This guide explains what an appeal is, the strict filing deadlines, the steps involved, and options if a direct appeal is not available. Our goal is to give you clear, accurate information and an honest path forward.

An appeal is not a new trial, and you generally cannot present new evidence or call witnesses. Appellate judges read the transcripts and legal briefs to decide whether the law was applied correctly and whether your rights were protected.

What a Criminal Appeal Is, and Is Not

An appeal asks a higher court to review legal errors made in the trial court. It is a limited legal review, not a chance to retry facts. The appellate court reviews the written record and legal arguments to determine whether a significant legal error affected the outcome.

Who Can Appeal and the Deadlines

Most appeals are filed by the defendant after sentencing. Timing is critical.

• If your case was in county court, for example, an El Paso County county court misdemeanor, you generally have 35 days from the final decision, or from the denial of any timely post-trial motion, to file your Notice of Appeal and Designation of Record in both the county court and the El Paso County District Court.
• If your case was in district court, felonies, and most serious cases in the 4th Judicial District, you generally have 49 days to file your Notice of Appeal with the Colorado Court of Appeals.

Missing a deadline can forfeit your right to appeal, so speak with Maher and Maher Law immediately if you are considering an appeal.

Common Grounds for Appeal in Colorado

Appeals are about legal error, not re-trying facts. Common grounds include:

• Evidence errors, admitting or excluding evidence, the law does not allow.
• The jury was given incorrect instructions; the jury was told the wrong legal standard.
• Prosecutorial misconduct, improper arguments, or withholding evidence.
• Insufficient evidence, even viewed in the light most favorable to the State, the record does not prove guilt beyond a reasonable doubt.
• Sentencing mistakes, the court used the wrong range or process.

New evidence generally is not part of a direct appeal. New facts are raised through post-conviction remedies, not in the appeal record.

The Colorado Criminal Appeals Process, Step-by-Step

Here is how a typical appeal proceeds, with timelines that may vary by case:

1. Notice of Appeal. File in time, 35 or 49 days depending on the court, and serve the other side. This preserves your right to appellate review.
2. Record Preparation. The clerk compiles the trial court file and the hearing transcripts for the appellate court’s review.
3. Briefing. Your attorney files an Opening Brief explaining the legal errors and how they affected the outcome. The opening brief is typically due about 42 days after the appellate record is certified, the State’s Answer Brief is generally due 35 days later, and a Reply Brief may follow within 14 to 21 days, depending on the forum.
4. Oral Argument, sometimes. Some cases are set for short arguments, and many are decided on the written briefs.
5. Decision. The appellate court may affirm the conviction, reverse it, or remand the case for a new trial or other proceedings. If the Court of Appeals affirms, you can ask the Colorado Supreme Court to review the case, but that review is discretionary.

What Happens if You Win or Lose

If you win, the court may order a new trial, direct a resentencing, or, in rare cases, dismiss charges, for example, if the evidence was legally insufficient. A win usually means more proceedings in the trial court, now with the error corrected.

If you lose, the conviction and sentence stand. Options may include petitioning the Colorado Supreme Court, limited and discretionary review, or pursuing state post-convention relief.

When a Direct Appeal is Not the Answer: Post Conviction Relief

If your appeal window has closed, or you need to raise issues outside the trial record, such as newly discovered evidence or ineffective assistance of counsel, Colorado Rule of Criminal Procedure 35(c) provides a path to seek a trial court order vacating the conviction. Strict timelines and exceptions apply that depend on the offense level. Federal habeas review may be available after you exhaust state remedies, but it is limited and deadline-driven.

Why a Local Colorado Springs Appeals Lawyer Matters

Appeals are built on meticulous record review, research, and persuasive writing. A lawyer familiar with El Paso County procedures and Colorado appellate rules, like the team at Maher and Maher Law can spot issues, protect deadlines, and frame arguments the right way. We pair candor with advocacy; we will be honest about your chances and fight hard for the best possible outcome.

Frequently Asked Questions About How to Appeal a Criminal Conviction in Colorado

How long do I have to appeal a criminal conviction in Colorado?

For county court convictions, generally 35 days. For district court convictions, generally 49 days. These are hard deadlines set by the rules; missing them can forfeit your appeal.

Is an appeal a new trial?

No. You cannot present new evidence or call witnesses on appeal. The appellate court reviews the record to decide if legal errors changed the outcome.

How long does an appeal take?

Expect many months. After the record is prepared, briefs are filed over several weeks, and the Court of Appeals may take additional months to issue a decision. A year is common, but timelines vary by case and court workload.

Can I appeal if I pleaded guilty?

A guilty plea usually waives the right to appeal the conviction itself. You may still challenge the sentence in limited circumstances or file a Rule 35(c) motion if constitutional problems affected the plea. Talk to a lawyer about your specific options.

What if I win my appeal?

A: The case is typically remanded for a new trial or resentencing. In rare circumstances, the appellate court may direct dismissal. Your lawyer will prepare you for the next steps in the trial court.

Contact us Today

Appeals are complex and time sensitive, but for many people in Colorado Springs, they are a critical safeguard when serious trial errors occur. If you are considering an appeal, contact us right away. We will review your record, give you an honest assessment, and guide you through every step with the compassion and tenacity your case deserves.