Legal Question in Criminal Law in Colorado

Case dismissal, plea withdrawl

Person ''A'' had pled to a felony 3. 8 years probation 48 hrs comm svc. Court records indicate an F-6 posses sch. II and had inturn is serving time on probation for the F-3 plea. All other charges had been dismissed based on the F-3 plea. So in reality, The F-6 shouldn't be on ''A'' record, nor should the F-3 am I correct? This is the first offender no priors. Would this situation warrant a dismissal. What steps have to be taken to move this along, meaning, filings, motions, etc. Does this person have right to file suit against the courts, for violations of constitutional rights, and anything else? When motions are filed, can this person be on hold for going to the P.O.'s UA's, Comm. Svc. How long does this process take to recognize there is a filing and no more probational requests are to be honored by that person. ? What are the chances for dismissal? Thank You


Asked on 10/13/07, 4:21 pm

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Case dismissal, plea withdrawl

If there is 8 years of probation, the case cannot be dismissed until probation is terminated sucessfully. Even then, the case will only be dismissed if there was a deferred sentence. I don't think deferreds can last 8 years, so it may be a straight conviction with probation. When was sentencing? Lots of other questions also need to be answered. If you want more done, get counsel.

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Answered on 10/14/07, 4:31 pm


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