Legal Question in Criminal Law in Colorado

Motion for Discovery

I need to obtain a copy of the

Motion for Discovery from the courts

in Jefferson County Colorado for my

cousin who was deported 18 years

ago when he was arrested. The

problem is that the courts will only

provide this to him if he appears or

to his attorney which he does not

have because he is unable to enter

the country. By obtaining this

Motion he can prove that the crime

occurred in Denver County and

thereby ask Jefferson County to

dismiss the charges there or move

the matter to Denver County

because there is no reason for this

matter to be heard there because

there is no connection to Jefferson

County. I have spoken with the

court clerk and explained this to

them and written several times to

the court asking for assistance as

well as filing Motions for Dismissal

which the Judge has rejected. Is

there any other way I can obtain a

copy of the Motion for Discovery? I

have contacted the DA in Jefferson

County as well and they certainly

aren't willing to provide this to me

either. This matter happened in

1990 and it is a drug related charge

for distribution. Any suggestions

would be greatly appreciated,

thank you in advance.


Asked on 1/08/09, 1:58 am

2 Answers from Attorneys
Philip Rosmarin Rosmarin Law Firm

Re: Motion for Discovery

There's little point in getting a template for a motion: you're not an attorney and can't legally file one. Your cousin (or someone he elects) should hire an attorney to file an entry of appearance and motion for discovery. He can then look at the material, and decide whether and how to proceed from there, either by himself or through a lawyer.

Good luck.

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Answered on 1/08/09, 10:24 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Motion for Discovery

What's keeping him from retaining a Colorado attorney? But the court papers from 18 years ago are probably gone. By filing motions on his behalf you were no doubt practicing law without a license, and I assume you do not have the legal training and knowledge of Colorado law to effectively represent someone even if you were a member of the bar there, which you aren't.

His money might be better spent on retaining an attorney to pursue a pardon from the Governor, the best attorney for this purpose might be the Gov's brother-in-law or somebody who went to law school with him. Maybe there is a web page for the Governor of Colorado that explains the process.

And no, I'm not licensed to practice law in Colorado and I don't know what the law is there.

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Answered on 1/08/09, 2:10 am


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