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

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

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.