Legal Question in Criminal Law in Colorado

Warrents

My boyfriend got pulled over almost a year ago they never gave him a ticket they told him they would contact him with in a week but they nerver did now they came and picked him up on a warrent for that traffic stop is there any thing he can do since they never contacted him to begin with?


Asked on 8/08/07, 5:46 pm

2 Answers from Attorneys

Jason Savela The Savela Law Firm, PC

Re: Warrents

most traffic infractions have a statute of limitations of 18 months. All they have to do is file the charge in the courts and ask for a warrant within that time.

not much you can do, but there are issues of not being able to investigate and find witnesses that can be argued to a jury

what is the charge? why did they not charge him immediately?

get a lawyer, fight the case

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Answered on 8/08/07, 6:01 pm
Philip Rosmarin Rosmarin Law Firm

Re: Warrents

He can always plead ignorance, and while that may be credible it's never very popular.

He'll have an uphill battle if he claims neither the police nor the court gave him notice of the violation, unless of course they agree.

In any case, he should talk with the DA and ask for a dismissal based on a cold trail of evidence, and then hear the DA's counter-offer.

Depending on how serious the violation is, he may wish to contact a lawyer (tell him to wear gloves).

Good luck.

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Answered on 8/08/07, 6:30 pm


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