What Is Post-Conviction Relief in Colorado?

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what is post conviction relief

Imagine spending decades in a cell for a crime you didn’t commit, or feeling the overwhelming burden of a criminal record that prevents you from being with your family, holding a good job, or starting anew. For many in Colorado, a criminal conviction means daily suffering: missed birthdays, broken relationships, lost careers, and a fading sense of purpose. Even if the court conducts a fair trial and your appeal fails, or your lawyer fails to advocate effectively, the justice system may still deny you true justice. 

At Merson Law Office, LLC, our Colorado criminal defense lawyer has helped people navigate these challenges. We’ve seen how injustice, lost time, and uncertainty can profoundly affect lives. Post-conviction relief can be a vital lifeline for those whose lives are on hold because of a criminal conviction.

For a free consultation, please don’t hesitate to contact us online or call (970) 219-2923 today.

How Can Post-Conviction Relief Impact Your Life?

What is post-conviction relief in Colorado? It allows individuals with criminal convictions to directly challenge violations of their rights or fundamental errors that affected the outcome of their case. Unlike an appeal, these procedures let you present new evidence, claim ineffective legal assistance, or argue that the court needs to reconsider an unfair sentence. If successful, post-conviction relief can provide a meaningful chance to rebuild your life.

What Legal Avenues Are Available After a Conviction in Colorado?

People seeking relief after sentencing have specific legal options. 

Before choosing where to begin, it’s helpful to understand each approach and how you can apply it to your situation: 

  • Motion for post-conviction relief. This filing enables you to ask the court to review your conviction or sentence for reasons such as new material evidence, constitutional violations, or attorney errors.
  • Post-conviction sentence reduction. If your sentence exceeds what a new law permits or if there have been significant changes in sentencing guidelines, you may request to have your sentence shortened. 
  • Post-conviction release. If you can demonstrate new, compelling facts that prove your innocence, you may qualify for immediate release. 

Each of these methods has its own requirements, process, risks, and critical deadlines that a lawyer can assist with. 

What Are Successful Post-Conviction Relief Examples?

The law allows relief only in specific, fact-driven situations. 

These real, successful outcomes help show what is possible:

  • In 2023, the Korey Wise Innocence Project at the University of Colorado Law School helped free a client who had spent 34 years in prison for a crime he did not commit. The court overturned the client’s conviction after finding that the defense failed to present evidence supporting his innocence at the original trial.
  • In 2012, officials exonerated Robert Dewey after he spent nearly 18 years in prison for a wrongful conviction in Mesa County, Colorado. Post-conviction DNA testing proved his innocence and led to his immediate release.

Each of these cases began with a careful and strategic post-conviction relief effort, resulting in a court’s acknowledgment of the evidence and, ultimately, the client’s freedom. These results are not guarantees of similar outcomes, but rather examples of how persistence, facts, and legal skills can change lives.

How Does the Post-Conviction Relief Process Work in Practice?

Post-conviction relief involves a systematic review process that includes filing formal briefs, attending hearings, and sometimes providing live testimony. Every detail matters in these proceedings, and courts strictly enforce the rules of procedure. Meeting all deadlines and submitting the necessary evidence are crucial when your freedom or future is at stake.

Why Trust the Merson Law Office?

At the Merson Law Office, we believe every case is defensible. Founded in 2019, our firm draws on more than two decades of criminal defense experience representing clients at every level of Colorado’s justice system. Led by James Merson, an Attorney of the Year honoree recognized by the Colorado State Public Defender, we combine courtroom skill, appellate insight, and a deep understanding of post-conviction strategy. Having trained trial lawyers, taught at the University of Colorado School of Law, and argued before the state’s highest courts, we approach each case with precision and persistence. We use this experience to identify legal errors, challenge convictions, and advocate for second chances. 

Take Action: Schedule Your Free Consultation Today

What is post-conviction relief, and does it apply to your case? We can help answer these questions, so reach out online or call (970) 219-2923 today. Our team will review your circumstances in detail and assist you in finding a path forward. Every moment matters when so much is at stake. Allow us to be the ally who stands with you to work towards a fair outcome.

Our firm serves clients throughout Colorado, including Boulder, Fort Collins, Adams County, Weld County, and beyond.

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James Merson

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