Bruno Lilly LeClere
An appeal involves asking a higher court to reverse a lower court result, typically a conviction after trial. A defendant can raise many issues on appeal, but not all of them will be successful. In fact, higher courts hesitate to grant appeals. To win, you need to hire a lawyer with a thorough understanding of the relevant law and strong writing skills to draft a compelling appellate brief. Call Bruno Lilly LeClere to ensure your appeal is brought in the correct way. Our Fort Collins appeals attorney has years of experience.
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When Can You File an Appeal?
After conviction, defendants have the right to bring a direct appeal. Appellate courts often review a lower court’s decision deferentially. That means you need strong reasons to file an appeal:
- Abuse of discretion. The trial judge might have made a mistake, such as allowing a witness to testify when they lacked direct knowledge of the events in question. Judges often commit an abuse of discretion when it comes to deciding whether to admit evidence.
- Legal mistakes. A judge might have misinterpreted the law. For example, a trial court could have given a tougher sentence than the law allows. We can ask the appellate court to send the case back down to the trial court for resentencing.
- Ignoring evidence. The judge might not have considered relevant evidence when deciding an issue.
- Refusal to correct a verdict. An appellate court only reluctantly overturns a jury’s verdict. But in some cases, the verdict is totally unsupported by any evidence.
The mistake below also must be significant. Not every error will warrant overturning the verdict or awarding a new trial. Usually, the mistake should cause significant prejudice to the defendant.
Reach out to our legal team to discuss your case. We know the appellate process thoroughly, and you should move quickly to hire an appellate lawyer.
Appeals: Nuts and Bolts
No one should try to handle their own appeal. This is a unique legal proceeding, and you need strong experience doing legal research.
An appeal is not another trial. The appellate court will only review the record developed at the trial court. You do not introduce new evidence or have witnesses testify.
Instead, defendants need to file a written brief explaining what errors the lower court made and why they are significant. A well-written brief requires citations to relevant Colorado law. This is why you need someone with strong research skills.
The state gets to respond to your arguments, and the appellate court often holds an oral argument where a panel of judges asks the lawyers questions. An experienced appellate lawyer is a big benefit.
The first step is filing a Notice of Appeal in a timely manner. There are tight deadlines, so please do not delay.
FAQs: Appeals in Fort Collins
Q. Can I appeal any criminal conviction in Fort Collins, CO?
A. Not every conviction can be appealed, but in many cases you have the right to challenge a decision if legal errors occurred during the trial. Appeals are not new trials; instead, they focus on whether the judge applied the law correctly or whether your rights were violated. For example, an appeal might argue that evidence was admitted improperly, that jury instructions were flawed, or that your constitutional rights were ignored. If successful, the appeals court could reverse the conviction, order a new trial, or adjust the sentence. Because the appeal process is highly technical and requires strong legal arguments, working with an experienced criminal defense lawyer is essential. They can carefully review trial transcripts, identify mistakes, and file the necessary motions within strict deadlines.
Q. How long do I have to file a criminal appeal in Colorado?
A. In Colorado, strict deadlines apply to criminal appeals, and missing them could mean losing your chance to challenge the conviction. Generally, you have 49 days from the date of sentencing to file a notice of appeal. This timeline is short, especially since preparing a strong appeal requires gathering trial records, reviewing evidence, and crafting persuasive legal arguments. Because the appeals court will not consider new evidence, the focus is entirely on what happened in the original trial. That is why acting quickly is so important. A knowledgeable criminal defense lawyer can immediately step in to preserve your right to appeal and ensure all documents are filed correctly. If you believe your trial was unfair or errors were made, contacting an attorney right away gives you the best chance to protect your rights.
Q. What outcomes are possible if I win my appeal in Fort Collins?
A. Winning an appeal does not automatically mean your case is dismissed, but it can lead to important changes. Depending on what the appeals court decides, the result might be a new trial, a reduced sentence, or in some cases, a complete reversal of the conviction. For example, if the court finds that critical evidence was admitted improperly, the conviction could be overturned. If sentencing errors were made, the court may send the case back for resentencing with proper guidelines. While a successful appeal is never guaranteed, it can provide a second chance when the trial process was unfair. Because appeals are complex and involve detailed legal reasoning, guidance from a skilled criminal defense lawyer is vital. They understand how to present compelling arguments to the appellate court and fight for the best possible outcome.
Speak with a Fort Collins Appeals Attorney Today
Bruno Lilly LeClere offers dedicated appellate services to individuals in Fort Collins and the surrounding communities. We understand how discouraging a guilty verdict can feel, but it does not have to be the end of your legal journey. The appeals process gives you the chance to challenge mistakes that may have occurred during trial, whether it involved the admission of evidence, improper jury instructions, or violations of your rights. Our team carefully reviews trial records, identifies legal errors, and crafts strong arguments to present before the appellate court. The process can be complex and time-sensitive, which is why having an experienced criminal defense lawyer by your side is so important. We are committed to protecting your rights and pursuing every possible option for a better outcome. If you or a loved one are considering an appeal, do not wait to take action. Contact Bruno Lilly LeClere today to arrange a free and confidential consultation by calling (720) 340-1373. One phone call can start the path toward justice and give you another chance at protecting your future.
“If you need a good defense attorney, this legal team is the best legal options that I have ever used. I am 50 years old and raised in St. Louis, MO so I have had my share of defense attorneys in different states and by far the Bruno Lilly team is exceptional! I never had to wait for someone to call me back they would get back to me within moments. She kept me informed every step of the way, plus my case was treated with high priority just like all other cases she was handling. This law firm stood close by my side till the end. The energy and confidence Mrs. Lilly displayed in the courtroom gave me peace of mind to know that everything would turn out great. If you need a and a great lawyer, this law firm and its lawyers is definitely the call to make! Thank you Bruno Lilly and your lawyers for fighting and winning for me!”
Client charged with domestic violence.
Case dismissed - January 2022
Client charged with domestic violence.
Case dismissed - January 2022
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Bruno Lilly LeClere
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
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