When a person is convicted of a crime in Colorado, the criminal case may not be entirely over.
If there are concerns about the fairness of the trial, the effectiveness of the defense, or the discovery of new evidence, Colorado Rule 35(c) offers a powerful tool to challenge that conviction.
This blog provides a clear, informative look at how to attack your conviction using Colorado Rule of Criminal Procedure 35(c), who can use it, and how it works in practice.
Colorado Rule of Criminal Procedure 35(c) is a post-conviction relief mechanism that allows a person to challenge their conviction or sentence after the normal appeal process is over.
It is part of the broader Rule 35 remedies but is focused specifically on constitutional violations, legal errors, or new evidence that came to light after the trial.
The petitioner must demonstrate that their conviction or sentence was fundamentally flawed.
Common grounds include:
This is the most frequently raised issue in 35(c) motions.
To win on this ground, the petitioner must show:
This standard comes from Strickland v. Washington (U.S. Supreme Court, 1984).
These could include:
To succeed, the evidence must:
A guilty plea must be made knowingly and voluntarily.
A 35(c) motion may argue that the defendant did not fully understand:
A direct appeal challenges errors that occurred during the trial or sentencing. It is based on the existing trial record.
Rule 35(c), on the other hand, allows for the introduction of new evidence and claims that could not be raised on direct appeal. It also allows the court to hold evidentiary hearings to assess facts outside the original record. Rule 35(c) attacks the whole record up until after the direct appeal has been exhausted.
There are important deadlines and rules for filing a Rule 35(c) motion:
Procedural default (failing to raise a claim at the appropriate time) can lead to dismissal unless there’s a valid excuse.
The petitioner files a written motion in the same trial court that handled the original case.
The motion must:
The District Attorney may file a written response opposing the motion, arguing that the claims lack merit or are procedurally barred.
The judge can:
If granted, this is the petitioner’s opportunity to present witnesses, documents, or other evidence. The burden is on the petitioner to prove their claims by a preponderance of the evidence.
The judge will issue a written order granting or denying relief.
Relief can include:
Rule 35(c) litigation is a vital part of Colorado’s criminal justice system, giving convicted individuals a second chance to seek justice when their trial was flawed, their attorney failed them, or new evidence has come to light. Though not easy to win, it is a lifeline for those who believe they were wrongfully convicted or unfairly sentenced.
If you or someone you know is considering filing a 35(c) motion, consulting with an experienced criminal defense or post-conviction lawyer is essential to navigate the process effectively.
If you would like to file a postconviction 35(c) pleading in Colorado, do not go into the fight without an experienced advocate. Choosing an experienced lawyer is the best decision you can make early on in your case.
To schedule a free consultation with a Criminal Defense Attorney providing postconviction litigation representation in Boulder, Fort Collins, Longmont, Lyons, Frederick, Mead, Berthoud, Erie, Firestone, Niwot, Dacono, Weld County, and Adams County, call Merson Law Office at (970) 219-2923 or fill out an intake form here.
970-219-2923