Legal Question in Criminal Law in Colorado
No Documation
Well my girlfriend has a crimial case against her. What my question is if the origanal file is gone what will happen in the case. Will it be dismissed? What i heard is that the judge will only look at the orignal files. Is it true? If the orignal files are missing will the judge have to dismiss the case??
1 Answer from Attorneys
Re: No Documation
The original file of what? The indictment, the information, the summons & complaint? An awful lot of this is in computer files, so it would help to know what you mean by "file." If you believe the passage of time may help her, you would need to know whether the offense was a felony, a misdemeanor, a petty offense or a munipal ordnance violation. Then compare the offense to the statute of limitations. The reason for the delay or passage of time would also help. If the delay was through no fault of the gf's, that would matter.
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