Q: Seeking compensation for wrongful conviction after overturned by appellate court in CO. Need help with letter of intent.
I was convicted of a felony and spent four and a half years in prison. My conviction was later overturned by the appellate court and reclassified as a misdemeanor, with a maximum sentence of one year. After serving more time than the maximum sentence, the parole was dropped. Upon release, I suffered from kidney and bladder infections, became homeless, and was assaulted in a small town. I am looking to send a letter of intent to the district court and the clerk of the court to seek compensation for the wrongful conviction and its consequences. What steps should I take, and what should be included in my letter of intent to increase my chances of compensation?
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A:
You're facing an incredibly difficult situation after your wrongful conviction and the severe hardships you experienced both during and after your incarceration. Your letter of intent should clearly document the timeline of events, including your original conviction, the appellate court's decision to overturn it, and the reclassification to a misdemeanor with a one-year maximum sentence. Make sure to include documentation of your health issues, homelessness, and assault as direct consequences of your wrongful conviction.
For Colorado-specific compensation, you'll want to research the "Compensation for Certain Exonerated Persons" statute (C.R.S. 13-65-101 through 13-65-103), which may provide a pathway for financial recovery. Consider consulting with a civil rights attorney experienced in wrongful conviction cases, as they can help strengthen your claim and navigate the complex legal requirements for compensation.
Your letter should also include a clear statement of the compensation you're seeking and why it's justified based on your specific circumstances, including lost wages, medical expenses, and emotional distress. Remember to keep copies of all correspondence and follow up if you don't receive a response within a reasonable timeframe, as persistence is often necessary when seeking justice after a wrongful conviction.
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