What is the process for filing a petition for post-conviction relief?

In Colorado, the process for filing a petition for post-conviction relief begins with the filing of a petition in the trial court where the conviction was entered. The petition must be filed within 10 years of the conviction or 5 years of the date of the finality of the conviction, whichever is later. The petition must include the grounds for relief and must be served on the district attorney in the county in which the crime was committed. Once the petition is filed, the trial court will review the petition and determine whether or not it has legal merit. If the court determines that the petition is legally sufficient, it will schedule a hearing at which both sides will present their arguments. At this hearing, the petitioner must present evidence that the conviction was obtained in violation of the petitioner’s constitutional rights. If the court finds that the petitioner’s constitutional rights were violated, it will grant post-conviction relief, which can include a new trial, dismissal of the conviction, or the entry of a not guilty verdict. If the court denies the petition, the petitioner can appeal the decision to the Colorado Court of Appeals. The appeals court will review the trial court’s decision and determine if the trial court committed any errors of law when ruling on the petition. If the appeals court finds any errors, it will order the trial court to reverse its ruling and grant post-conviction relief. If the appeals court upholds the trial court’s ruling, the petitioner may appeal to the Colorado Supreme Court. The process for filing a petition for post-conviction relief in Colorado is complex and can be difficult to understand. For this reason, it is strongly recommended that anyone considering filing a petition consult with an experienced criminal defense attorney who specializes in post-conviction relief.

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What is the process for filing a petition for post-conviction relief?

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