Post-Conviction Relief

There are two types of Post-Conviction Relief covered below:

Post-Conviction Relief (Crime Lab Misconduct)

Forms

• JDF 76 (PDF) - General Motion/Petition
• JDF 208 (PDF) - Application for Court Appointed Counsel

Basic Info

• The District Attorney (DA) will send you a Notice about possible crime lab misconduct.
• If you receive this Notice, you have four options:
  1. Do Nothing.
  2. Hire an attorney to file a Petition for you.
  3. Apply for a court-appointed attorney to file a Petition for you.  Use Form JDF 208.  Or,
  4. File your own Petition for Post-Conviction Relief.
     • A specific form isn't available for this process.  Consider Form JDF 76 as a starting point.
     • Required!  Attach a copy of the Notice you received from the District Attorney about the Crime Lab Misconduct.
     • Review the statutes for the Petition's other requirements.  See, i.e., C.R.S. § 16-12-310.
  5. Next Steps:
     • The DA has 35 days to respond to your Petition.
     • The Court may dismiss the case, schedule an evidentiary hearing, or schedule a new trial.

Post-Conviction Relief (Rule 35)

Forms

• Form 4 - Petition for Post-conviction Relief

Basic Info

• Review paragraph #8 of Form 4 for a list of reasons why your conviction could be found to be invalid.
• Unless you meet one of the exceptions in C.R.S. § 16-5-402(2), the deadline to file your paperwork is listed below.
• These time periods start as of the date of conviction or, for a juvenile case, as of the juvenile's 18th birthday:
  • All class 1 felonies: No limit
  • All other felonies: 3 years
  • Misdemeanors: 18 months
  • Petty offenses: 6 months