Legal Question in Criminal Law in Colorado

My friend had to go pro se on a first degree murder charge, unfortunately he was found guilty on 2nd degree and not first degree and he is going to be sentenced in another month. How can you prepare for defense on both 1st and 2nd degree murder at the same time? Is there any motion he can file against the jurys verdict? Also, if the 1st degree was aggravited, does that then role over to the 2nd degree class?


Asked on 7/31/12, 10:39 am

3 Answers from Attorneys

Damon Cassens Waters, Kubik, and Cassens

First, your friend did not have to go pro se. He elected to, against the strong advice of his public defenders and the judge. The court also appointed him advisory counsel to help him.

As to post-trial motions, there are a number he can file, assuming he has legitimate grounds to do so. They run from a motion to set aside the verdict, to asking for a new trial. He can also appeal if he feels the court commited errors of law or procedure.

2nd degree murder is a lower charge than 1st.

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Answered on 7/31/12, 10:45 am
Clifton Black Law Offices of Clifton Black

I agree with Attorney Cassens. In most cases, the Judge will strongly encourage the defendant to have competent legal counsel going into trial. This is even true in a minor misdemeanor case. In a murder case, one of the most serious cases, a Judge will go to great lengths to insure the person is being represented, or at the very least, has advisory counsel to assist. A defendant has to elect going pro-se, and decline advisory counsel.

2nd degree murder is a lessor offense to 1st degree murder. The elements are different which can allow the trier of fact to find the person guilty of the lessor offense. For example, If a person is charged with DUI (driving while intoxicated) the jury could instead find that person guilty of DWAI (driving while ability impaired). Basically intoxicated means the person is substantially effected while impaired means they are effected to the slightest degree.

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Answered on 7/31/12, 12:54 pm
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

As you are being told, it is not easy to go to trial (or even plea bargain) on a felony charge without counsel. The judge will try repeatedly to get a defendant to accept counsel. However the defendant got to this point without counsel, the defendant can now change his mind. That will not undo the guilty verdict, but it is a very important time period. Following trial but before sentencing is a time where the "judgment of conviction" has not yet entered. The standards that the defendant must meet are lower now. Things will get much more difficult once sentencing occurs. Post trial motions must be filed now. In a few weeks, those post-trial motions may be treated as post-conviction motions.

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Answered on 7/31/12, 2:08 pm


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