Grand Junction, CO asked in Criminal Law for Colorado

Q: How do I appeal my case if my due process rights were violated and my plea agreement had a appeal waiver

My felony conviction never got a prelim or my charges were not presented to a grand jury for indictment

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1 Lawyer Answer
Sean Maye
Sean Maye
Answered
  • Criminal Law Lawyer
  • Denver, CO
  • Licensed in Colorado

A: A grand jury indictment is not fundamentally required, and the question of whether a PH occurs or not depends on the charges, custody status of the defendant and any potential delays that amount to a waiver of the right. An appeal on these issues may not be likely but you certainly should consult directly with an attorney to confirm this.

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