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What You Can Appeal
Whether several years in prison or just increased car insurance rates are at stake, a criminal trial is a frustrating and frightening experience. You may be convinced that a witness against you was lying. You're sure that the jury or judge couldn't really have believed the prosecution's case. You believe the evidence used against you must have been planted, made up, or misinterpreted. All are very good reasons to be mad, but are not necessarily reviewable on appeal. An appeal is a review of the trial court's actions and rulings during a trial, to determine whether certain legal principles were properly applied. That's it. There is no new trial on appeals. There is no ability to present new evidence or testimony. Also, if you take a plea bargain, there is no trial. That reduces a judge’s ability to make mistakes. It therefore reduces the issues that can be reviewed on appeal. Just because you may be precluded from taking an appeal, don’t assume that there is nothing that can be done. Go through the time calculator that I have produced. It will show you options, other than appeals, that you can take.
 
Appealable Issues:

 

  • I was not allowed to testify at trial
  • I was required to testify at trial
  • The court made me commit to testifying before the trial even began
  • My sentence is harsher than the sentences given to other defendants

 

Likely Not Appealable:

 

  • I never meant what the police officer accused me of saying
  • They are lying about me
  • My former girlfriend/boyfriend/spouse is making this up

 


 

This web site is an advertisement intended for informational purposes.  What you learn from the site is no substitute for actual legal advice from Fenaughty & Associates, PC directly.  The tables, charts, statutes and calculators on this site can become incorrect as laws, procedures, jail costs and vendor costs change over time.  Only a signed agreement with Fenaughty & Associates, PC can create a Colorado lawyer-client relationship.