Can I appeal a decision to deny parole or probation?

Yes, in Colorado you can appeal a decision to deny parole or probation. Parole and probation are privileges granted to individuals who are found guilty of a crime. Denial of either of these can result in penalties such as extended jail time or higher fines. The appeals process varies depending on the type of decision that is being appealed. Those denied parole may file an appeal in the form of a post-conviction review. In this review, the parole board is presented with additional evidence that could support the parole decision. Those looking to appeal a probation decision may file a motion with the court. In this motion, the defendant must present evidence such as mitigating facts, a clean record, or proof that they have been rehabilitated since the conviction. In either situation, if the appeals process is unsuccessful, the defendant may look into filing an appeal directly with the court. In this situation, the individual must file a writ of habeas corpus. During this process, the defendant must show that the denial of parole or probation was arbitrary or capricious. In Colorado, all individuals have the right to challenge a decision regarding parole or probation. While the appeals process can be difficult to navigate, it is possible to get a favorable outcome. It is important to consult with a knowledgeable attorney prior to attempting to appeal a decision.

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Can I appeal a decision to deny parole or probation?

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