“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.
While we hope you benefit from the information we posted above, it is important to note that we always suggest you contact an attorney to advise you and walk you through the legal process so that you can achieve the best possible result.