Ineffective Counsel In Colorado

Summary

In Colorado, if you suspect ineffective counsel in a criminal case, you can file a motion for post-conviction relief under Rule 35(c). This involves proving your counsels performance was deficient and prejudiced your defense. Detention and arrest are distinct, with different search standards. If your counsel misinformed you, it may support your claim. Consider consulting a new attorney to explore filing a motion for post-conviction relief.

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criminal case
In Colorado, if you believe you received **** assistance of **** in a criminal case, you can file a motion for post-conviction relief under Rule *(c) of the Colorado Rules of Criminal Procedure. This motion must demonstrate that your ****'s performance was deficient and that this deficiency prejudiced your defense.
Could you provide more details on how your **** was ****?
they told me being detained and arrested are the same thing that's why the police could search my purse
In Colorado, being detained and being arrested are distinct. Detention is a temporary detainment based on reasonable suspicion, while an arrest requires probable cause. Each has different legal standards for searches. If your **** failed to inform you correctly, it might support your claim of **** assistance.
Do you have any other details about your interaction with the police or how the search was conducted?
I was a passenger in a car that was pulled over the driver had parahelia on his side of the vehicle and so they pulled us out of the car while I was handcuffed, he picked up my purse and searched it.
In Colorado, the legality of searching a passenger's belongings during a traffic stop can be complex. Here are a few points to consider:
- Detention vs. Arrest: As mentioned, they are distinct. Your **** should have informed you of this difference.
- Search: If the search was not based on probable cause or was not related to officer safety, it might be unconstitutional.
You may want to consult another attorney to explore the possibility of filing a motion for post-conviction relief.
Do you have any additional information on the evidence found or charges against you?
they let the driver leave with all the parahelia and residue that was found only on the driver side with no tickets didn't take the paraphelia either
It sounds like there might be significant issues with how the police conducted the search and how your **** handled the situation.
- In Colorado, police need probable cause to search personal belongings unless it's for officer safety.
- The fact that the driver was allowed to leave without charges seems unusual.
You should contact a new attorney to discuss filing a motion for post-conviction relief under Rule *(c) of the Colorado Rules of Criminal Procedure.
Is there anything specific you would like to know about this process?
no
It seems like you have potential grounds for claiming **** assistance of **** based on the incorrect advice about detention and arrest, and the questionable search of your purse. Consulting a new attorney about filing a Rule *(c) motion for post-conviction relief is advisable. If you need help finding an attorney or have any other questions, feel free to ask!