Chicago, IL asked in Criminal Law and Appeals / Appellate Law for Colorado

Q: Hi I'm trying to find out what steps or documents I need to file for ineffective assistance of counsel for my husband

2 Lawyer Answers
Gary Kollin
Gary Kollin
Answered
  • Criminal Law Lawyer
  • Fort Lauderdale, FL

A: You cannot file it for him. Only he can file it or a lawyer.

Obviously, this is the last chance he will have to get review.

If yyou had to ask that question, you are ill equipped (in fact, not equipped at all) to have any ability in that area.

If he is going to have any success, he needs a competent lawyer

Jonathan Greenlee
Jonathan Greenlee
Answered
  • Criminal Law Lawyer
  • Boulder, CO
  • Licensed in Colorado

A: If you can afford to hire an attorney, I would recommend doing so.

Your question is listed under Colorado, so my answer is based on the forms you need to complete in Colorado only.

If you cannot afford an attorney, go to www.courts.state.co.us, click on Self Help/Forms and then Criminal, Post-Conviction Relief, and Forms, there is a free stock PDF "PETITION FOR POSTCONVICTION RELIEF PURSUANT TO CRIM. P. 35(c)". Your husband needs to complete this form and submit it to the court and check the box requesting a court appointed lawyer. You will need to submit another for (JDF 208, commonly known as a public defender application, available on the same website) with the petition.

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