Legal Question in Criminal Law in Colorado

Alford plea being declaired invalid

I accepted an Alford plea 7 monthes ago. The primary requirement for my considering the DA's offer was the immediate return of all the computer equipment which was seized. Todate, only a part of the equipment has been returned and that only after I got a the court to issue a contempt order. Examination of the returned equipment has revealed that the ''claimed evidence'' located on the hard drive was lost when during examination the drive was distroyed. The DA didn't inform the defense, but rather claimed ''over whelming amount of evidence''. This convinced my council to advise me to plea. I do not wish to withdraw my plea but rather submit a motion or writ to the court to review the agreement for breach by the DA. If no breach, then a writ to invalidate the plea on the grounds of factuality--no facts or data was present in the discovery to support the charge to which I plead guilty. Where might I find examples of how to prepare a writ?


Asked on 5/21/05, 4:02 am

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Alford plea being declaired invalid

For examples, go to the El Paso County Bar's Law Library in the main library on Cascade. Also try the Court of Appeals web site: http://www.courts.state.co.us/.

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Answered on 5/21/05, 9:39 am


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