Colorado § 16-12-308 - Defendant's right to counsel.
Full text of Colorado Colorado Revised Statutes § 16-12-308 — Defendant's right to counsel., with citation guidance and answers to common questions.
§ 16-12-308. Defendant's right to counsel.
(1) A defendant has the right to counsel to investigate, file, and litigate a post-conviction claim arising from wrongful action and appeals arising from the claim. The right to counsel for assistance with post-conviction claims pursuant to this part 3, including the right for an indigent person to have the assistance of court-appointed counsel, attaches when a defendant receives a notice pursuant to section 16-12-306 or makes a showing that a crime laboratory employee worked on their case and is the subject of an investigation of wrongful action. A defendant is not required to file a petition for post-conviction relief to receive court-appointed counsel.
(2) (a) A defendant may request counsel by filing a written request for counsel with the court and attaching a copy of the notice received pursuant to section 16-12-306 or a pleading that names a crime laboratory employee and provides sufficient information for the court to find that the crime laboratory is the subject of an investigation of wrongful action.
(b) If a defendant files a pleading in court without counsel, the court shall determine if the defendant is requesting the appointment of counsel or if the defendant is knowingly and voluntarily waiving their right to counsel.
(3) A public defender who has received a request for assistance from a defendant who received a notice pursuant to section 16-12-306, or from a defendant who can make a showing that a crime laboratory employee who worked on their case is the subject of an investigation of wrongful action, may request appointment by the court if the defendant qualifies for representation by court-appointed counsel.
(4) Upon receiving a request to appoint counsel for a defendant made pursuant to this section, the court shall, in accordance with section 21-1-103, appoint the public defender to represent the defendant in a post-conviction matter related to the wrongful action. If the public defender notifies the court of a conflict of interest, the court shall appoint the office of alternate defense counsel to represent the defendant.
Source: L. 2025: Entire part added, (HB 25-1275), ch. 352, p. 1898, § 1, effective June 2.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 16-12-308
What does Colorado Revised Statutes § 16-12-308 cover?
Section 16-12-308 ("Defendant's right to counsel.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 16-12-308?
A common citation format is "Colorado Revised Statutes § 16-12-308" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 16-12-308 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.