"The police officer wrote on my ticket that I am a male and I am clearly a female. Will my case be dismissed?!" Defense attorneys and prosecutors alike hear this question almost on a daily basis. The answer to that question is "no." "But the cop also misspelled my name and said that my car is green when it is brown!" Such technical defects alone are not a cause for a dismissal. Colorado law holds that a ticket (summons and complaint) is sufficient if it advises the you of the nature of the charges against you so that the you can adequately defend himself and be protected from further prosecution for the same offense. In general Colorado law requires that the ticket contain only very general information such as (but not limited to) your name, the charge, and your next court date. If there are mistakes on the ticket Colorado law allows the prosecution to make the appropriate changes at any time before trial. "So what do I do now? Just give up and plead guilty?"Hope is not lost. A skilled attorney will be able to dissect your discovery (evidence) and be able to identify the mistakes and violations of rights that will be critical in competently defending your case. You are presumed innocent until proven guilty by the prosecution beyond a reasonable doubt. Start protecting your rights immediately and identify the critical issues impacting your case. Speak with an attorney today.
WHAT CAN BE DONE TO HELP ME BEFORE I GO TO COURT ON A DUI/DWAI?
Many times I find myself talking to a client who finds themselves charged with a Driving Under the Influence (DUI) or Driving While Ability Impaired (DWAI) charge. Often times, these clients or potential clients have no idea how to start their defense. Two things are incredibly important to securing a satisfactory result in a DUI/DWAI case. First and foremost, competent representation from an attorney experienced in DUI/DWAI matters will help immensely. Secondly, any competent attorney will most likely recommend proactive mitigation. Mitigation is a powerful tool in any defense of criminal charges. Mitigation is the process by which the defense shows the Judge and/or District Attorney's office that a particular defendant in a case deserves leniency. In DUI/DWAI cases, this mitigation is easily obtained by doing some pretty straight forward tasks.
