Colorado

State Resource Guide

The Post-Conviction Process

Click on the underlined links to view more information.

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.

These can include motions for an acquittal, to arrest the judgment, to be resentenced, or for a new trial based on new evidence or problems with how the case has been handled. In certain limited circumstances, the prosecution may also file a motion to modify the convicted person’s sentence.
Victims can receive information about post-trial motions from the district attorney’s office in the county where the crime was prosecuted.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-trial motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”

On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
The Colorado Attorney General’s Office represents the State in direct appeal. Victims can receive information about direct appeals by contacting the Attorney General at 720-508-6000

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed and filed after the direct appeal process has ended.

These motions can seek many outcomes, including invalidation of the conviction, shortening the amount of time the convicted person must spend in prison, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
The Colorado Attorney General’s Office represents the State in state post-conviction proceedings. Victims can receive information about state post-conviction proceedings by contacting the Attorney General at 720-508-6000.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Colorado law may go to federal court in a process called “habeas corpus.”

Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
The Colorado Attorney General’s Office represents the State in federal habeas corpus proceedings. Victims can receive information by contacting the Attorney General at 720-508-6000.

Early Release Programs

These programs can include parole, special needs parole, or earning “credits” in prison.

If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in Colorado, including parole, special needs parole for certain ill or elderly people, or earning reductions in their sentences (called “earned-time” credits) for completing certain educational or rehabilitative programs in prison.
To receive notification about an incarcerated individual’s initial placement, transfer, escape, parole hearings, medical release, furlough, early discharge, other changes in status or custody, and death, victims should register through the Colorado Department of Corrections Victim Notification Program. Victims can directly contact the Victim Notification Program by phone at 719-226-4709 or 800-886-7688 and by email at doc_vsu@state.co.us. Victims can also register through the Victim Information and Notification Everyday (VINE) system for the custody status of an incarcerated person and case information.

Prosecutorial Review

Prosecutors can reconsider the conviction or sentence to be sure it is just.

Several counties in Colorado – including Boulder, Denver, Gilpin & Jefferson – have established conviction-review units to review past convictions to investigate plausible allegations of actual innocence. The Denver unit also reviews past sentences to determine if convicted individuals’ sentences are not compatible with current standards of fairness.

Clemency

In rare cases, the governor may grant the convicted person relief from their sentence or conviction.

The governor can grant clemency to people convicted of felonies under Colorado law. The Office of Executive Clemency helps the governor in this process. Clemency typically takes one of two forms: a pardon (which forgives a conviction) or a commutation (which shortens a person’s sentence).
To receive notification about clemency applications, victims should register through the Colorado Department of Corrections Victim Notification Program. Victims can directly contact the Victim Notification Program by phone at 719-226-4709 or 800-886-7688 and by email at doc_vsu@state.co.us.

Victims Rights
Post-Conviction

In Colorado, victims have the right to:

Be treated with fairness, respect, and dignity, and be free from intimidation, harassment, or abuse
Be informed of all “critical stages” of the criminal justice process*
Be present at specified critical stages in the criminal justice process
Be present and hear about sentencing or modification of a sentence
Be informed of the status of the case and any scheduling changes or cancellations, if known in advance
Information about the incarcerated individual’s release from custody, parole, escape, or failure to report to probation or parole*
Information about a convicted person’s release to a less secure facility or program, release from a state hospital, request to seal records, or request to end sex offender registration*
To be heard at hearings involving release from prison and mental hospitals*
Information about the results of probation or parole revocation hearings*
Be informed, before the public, when the governor commutes or pardons the convicted individual*
Be informed of the process for protecting their rights with the help of the Crime Victim Services Advisory Board
Request restitution and apply for crime victim’s compensation

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the Colorado Crime Victim Compensation (CVC) program reimburses victims for expenses related to the crime, such as healthcare, lost wages, and funeral expenses.
The Colorado Office of Restitution Services assists victims who have questions regarding restitution. Victims may call the Office of Restitution Services at 720-625-5060 or 833-489-2713. Additionally, victims can receive assistance from the Colorado Crime Victim Compensation (CVC) program. To apply for CVC, victims must contact the administrator in the area where the crime happened. Victims can find the correct administrator using this map or by calling 720-672-2166. Colorado allows victims to apply for compensation at any time.

Colorado

The Post-Conviction Process

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Prosecutorial Review

Clemency

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Prosecutorial Review

Clemency

Victims Rights Post-Conviction

Compensation

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Victims Rights
Post-Conviction