No, but legal representation is strongly recommended because Rule 35(b) motions involve complex legal and procedural requirements.
Post-Conviction Relief
What are the potential outcomes?
The court may deny the motion, deny it after a hearing, or grant it and reduce the sentence. The judge cannot increase the original sentence.
Once the motion is filed, is any action required?
Yes. Additional information may need to be provided if requested by the court, and the petitioner should ensure the motion continues to move through the legal process.
What types of information should be included?
Information may include evidence of rehabilitation, cooperation, personal circumstances, good character, or other factors supporting a reduced sentence.
What does the process for filing a Motion for Reconsideration look like?
A Motion for Reconsideration must be submitted in writing and should include information supporting a request for a reduced sentence.
Who is eligible to file a Motion for Reconsideration?
Individuals with a criminal sentence may seek reconsideration if they meet the timing requirements established under Colorado Rule 35(b).
Why does Colorado Rule 35(b) exist?
Rule 35(b) exists to give offenders an opportunity to ask the court to review a sentence they believe is unnecessarily harsh and to ensure sentencing goals are properly met.
What is Colorado Rule 35(b)?
Colorado Rule 35(b) allows a person who has been sentenced in a criminal case to ask the court to reconsider and potentially reduce their sentence through a Motion for Reconsideration.