Quick answer: A Rule 35(c) lawyer in Denver helps you challenge a Colorado conviction or sentence after the case ends by filing a post-conviction motion in the trial court. They review the record, identify legally recognized claims like ineffective assistance of counsel or an invalid plea, gather supporting evidence, draft the motion to meet Colorado pleading standards, and represent you at any evidentiary hearing and related appeals.
What Rule 35(c) Covers in Colorado
Colorado Rule of Criminal Procedure 35(c) is the main procedure for asking the sentencing court to set aside a conviction, vacate a plea, order a new trial, or correct a sentence because a constitutional or jurisdictional problem occurred. You can read the rule itself here: Colorado Rule of Criminal Procedure 35.
Common Rule 35(c) grounds include ineffective assistance of counsel, an involuntary or unknowing guilty plea, a conviction obtained in violation of constitutional rights, or a sentence that is illegal. A rule 35c lawyer Denver typically starts by matching your concerns to the specific legal elements Colorado courts apply, because the motion has to allege more than disagreement with the outcome.
“Procedurally barred” in Colorado post-conviction practice commonly refers to claims the court will not revisit because they were raised and decided already, could have been raised earlier (for example on direct appeal), or are filed outside the statutory time limits for collateral attacks. A lawyer’s job is often to spot those pitfalls early and frame claims in a way the court is allowed to hear.
How a Lawyer Builds a 35(c) Motion That Can Get a Hearing
Colorado courts can deny a Rule 35(c) motion on the papers if it is conclusory or if the existing record shows you are not entitled to relief. To have a real shot at an evidentiary hearing, the motion generally needs specific factual allegations that, if true, would entitle you to relief, and those allegations must not be clearly refuted by the record. That’s why a lawyer will usually obtain and review the full case file: charging documents, advisements, plea paperwork, transcripts, exhibits, and sentencing materials.
For ineffective assistance claims, the motion typically has to identify what competent counsel should have done (investigation steps, a suppression issue, plea advice, witness preparation) and explain how the failure mattered to the outcome. For example, one illustrative scenario is a person who pleaded guilty after being told a suppression motion “couldn’t be filed,” but the police report and hearing transcript suggest a potentially unlawful search. A lawyer would compare what happened to Colorado suppression standards, document what advice was given (often through records and affidavits), and explain how the plea decision might have changed with accurate advice.
If the court sets an evidentiary hearing, the lawyer prepares testimony, subpoenas witnesses as needed, and keeps the hearing focused on the elements the judge must decide rather than re-arguing the whole case.
Deadlines: What Comes From the Rule vs. What Comes From Statute
Rule 35(c) is the procedural vehicle, but the time limits for collateral attacks in Colorado come primarily from statute. The key statute is C.R.S. § 16-5-402 (time limitations for collateral attack upon criminal convictions), which you can read here: C.R.S. § 16-5-402.
As a general reference point, the statute sets different limitation periods depending on the offense class (for example, many felonies have a longer window than misdemeanors). The statute also contains exceptions and tolling concepts that can apply in limited situations. Separately, the rule governs how you file and litigate the motion (format, court process, hearings), but it does not replace the statutory clock. A lawyer will pin down the controlling deadline by looking at the judgment date and any later resentencing or amended judgment, because those dates can matter for calculating timeliness under the statute.
A common mistake is assuming that filing “as soon as possible” is enough. Colorado courts can dismiss an otherwise strong claim if it is untimely under the statute and no exception applies, so confirming the statutory deadline early is a practical first step.
What to Do Next Before You Call a Lawyer
Gather a basic packet so an attorney can screen viability quickly: the judgment of conviction, mittimus, plea agreement and written advisements, sentencing order, any prior appellate opinions or mandates, and any transcripts you already have (plea, motions, trial, sentencing). If you don’t have transcripts, note what hearings occurred and the approximate dates so they can be ordered.
Write down key dates: arrest date, plea or trial date, sentencing date, any resentencing date, and the date any appeal ended (if there was one). Also list the specific issue you believe went wrong and where it shows up (a hearing, a conversation about the plea, a missing witness, a motion that was never filed).
Screening questions to ask a lawyer: (1) What specific Rule 35(c) claim fits my facts, and what legal elements must be proven? (2) Is my case timely under C.R.S. § 16-5-402, and if not, is there a realistic exception argument? (3) What parts of my claim might be procedurally barred because they were raised before or could have been raised on appeal? (4) What evidence would we need to allege enough facts to get an evidentiary hearing, and what could the record already refute? (5) What are the main risks—like losing a plea benefit or triggering a new sentencing exposure—if we succeed and the case reopens?
If you want help sorting through those documents and questions for a Denver Rule 35(c) motion, DeChant Law is a place to get help.