Legal Question in Criminal Law in Colorado

Retracting Plea/ Evidence

I was charged back in 1998 for attempted solicitation of a minor. This happened in Greeley, CO, a very conservative city and county. My attorney advised me that since this county was so conservative, I should consider taking the DA's plea. I did take it and was placed on probation and ordered to take sex offense treatment. The charge that was filed against me is and was bogus. The police and the DA said they had evidence, which they said was a letter to the victim from me asking for sexual favors in return for cash. I to this day have never seen this letter and wish that I had not taken the plea bargin. My question is, Is there any way for me to obtain a list of the evidence that is on file for this paticular case, so that I can see if there is a letter and is there a way to retract my entry of guilty, since the case is so old? If I can retract my plea, what from your experience do think might happen if I were to take this back to trial. Considering the county (Weld) especially, if there is no such a letter.


Asked on 7/16/04, 9:58 pm

2 Answers from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Retracting Plea/ Evidence

There are time bars to attacking the case. You have 45 days for a direct appeal. You have 120 days to ask for reduction of your sentence. You have three years in which to colaterally attack the conviction. New evidence could be a support, but it must be evidence that could not have been discovered at trial, even through a diligent seach. Under your facts, getting a foot in the door of the courtroom would be a significant victory.

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Answered on 7/17/04, 12:17 pm
Deborah Grohs Deborah J. Grohs, P.C.

Re: Retracting Plea/ Evidence

Hello,

You have an absolute right to see the contents of your attorney's file and to see all of the evidence against you. You can contact your attorney and ask to look at your file. I know that this process may be a bit uncomfortable for you, but you do have that right. You can also go to the police department that brought the charges against you and request a copy of the reports in your case. They will process your request and charge you for photocopying most likely. The District Attorneys Office in Weld County would also have a file on your case. You can go to the DA's office and order discovery on your case. You will need your case number.

It is very difficult to withdraw a plea, especially after so much time has passed. Depending on the date that you were sentenced, you may be time-barred from attacking the validity of your plea. You need to move as quickly as possible if you do indeed intend to go forward. Get the reports and hire an attorney. They can file a "35c" motion if you are not time-barred. Good luck to you.

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Answered on 7/17/04, 1:10 pm


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