Legal Question in Criminal Law in Colorado

My husband is waiting to be sentenced on a misdemeanor and felony charge in Colorado. He had a jury trial and was convicted of false reporting and criminal impersonation. He was appointed a public defender and we are trying to see what options we now have. His public defender, in our opinion, did not help him. The speedy trial was not honored and it had something to do with his PD ordering a mental health evaluation for him, against both our wishes. He never waived his rights for speedy trial and to this day, it hasn't been fully explained how that happened/works. Why the DA was able to "bypass" the speedy trial. Also, when he's called her with questions or she's gone to see him in jail he rarely had them answered and she at one point told him she was sick of repeating herself. She won't answer my question either post-conviction motion? We can appeal but have to wait for him to be sentenced I believe ...? Does writing a letter to the judge ever help with leniency ? Does it have to go through his PD? Finally, he's in Colorado but in the middle of all this we relocated to NY. Does that change anything or give us more options? Right now he's facing 24 months DOC w year parole. We are lost right now and just want him back home with me in NY but have not been able to get any kind of assistance/help from his PD.

Asked on 8/15/16, 1:06 pm

1 Answer from Attorneys

Stephen Harkess Colorado Legal Solutions

You should begin looking for an attorney to appeal the conviction. Only an attorney who has reviewed the whole file can offer a useful opinion on the speedy trial issue.

You have the right to speak at his sentencing hearing. The can be helpful to him, especially if you can tell the judge some reason to believe that your husband will not be a danger to people once he is released. Straight denials of guilt are usually not very useful following a conviction because a jury actually believed that your husband did commit a crime.

Where you live does not change your husband's options. He committed a crime in Colorado and needs to address it here.

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Answered on 8/15/16, 1:40 pm

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