Legal Question in Criminal Law in Colorado

I didn't do the crime and their was no evidence to the crime just hearsay

I was charged with contributing to a minor class 4 felony. From the very beginning of my arrest I plead innocence. There was no evidence that I had committed the crime and credible people who would have came foward to explain their knowledge. I had a court appointed attorney. He did not speak to any one of my witnesses, and four of them were professional witnesses. The only evidence was a video tape of accusations. I have never had a DUI, or had any drug issues in my life. My UA's have been negative.

My side of the story was never investigated. I was told by my attorney based on experience if this case had gone to trial the jury often favors the children in cases. I was asked to plea bargain and admit guilt, and of course I refused, however, I pled no contest instead of guilty because I am not guilty of the crime and I felt my attorney had no desire to appropriately represent me. After my sentencing my attorney told my therapist, boyfriend, and myself he thought I was innocent. So why didn't my attorney do more investigations to present to the DA? How do I go about appealing? Would appealing make things worse for me?


Asked on 12/27/04, 3:00 pm

1 Answer from Attorneys
David Colt Colt Law Firm, P.C.

Re: I didn't do the crime and their was no evidence to the crime just hearsay

Hello:

It sounds like you may have gotten in a bad situation here. It was you attorney's job to investigate your claim, and he should have taken your case to trial if you wanted to do so. When you pled no contest, you were actually entering a form of a guilty plea. Since you made this plea, it is very unlikely that the court will let you change it. You may want to file a motion with the court to change the plea; however, keep in mind most of these types of motions are denied. Whether your motion might be granted also depends upon how long ago the plea was entered and whether the court followed every step of the advisement (Rule 11 information).

The filing of this motion would not result in any changes to your current sentence.

I hope this answer helps you. If I can be of further assistance or future assistance, please contact me at 303-321-6872. David Colt

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Answered on 12/29/04, 6:43 pm


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