Legal Question in Criminal Law in Colorado

Back in 2008 i was charged with a petty disorderly conduct. I got a lawyer and we go the case dismissed about 7 months ago.The other day my wife gets a call from the court stating i have to be in court in 10 days because the dissmissal has been reversed an now i have to face a charge of probation violation. Is it legal for them to just reverse a dissmissal without me being there?The first i heard of this was the other day and now i only have 10 days to secure a lawyer to defend me. I was never summoned or even made aware that the dismissal had been challenged.This doesn't seem fair that they could just decide to reverse a dismissal without me getting a chance to prove it should remain dismissed


Asked on 10/25/10, 12:18 am

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

This does not sound right. A dismissal cannot be "reversed". The charges can be refiled if the dismissal was without prejudice. If so, there would not be a conviction. There would just be new charges. If the Court was to enter a conviction without your presence, the Court would lack personal jurisdiction and you would be denied procedural due process. I suspect that there was no dismissal, that there was a plea, a conviction and probation. A case "closed" is not the same as a case "dismissed." If things really are as you say they are, your rights under the Constitution of the State of Colorado and the Constitution of these United States are being violated.

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Answered on 10/30/10, 9:23 am


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