Summary
In Colorado, misdemeanor cases typically have an 18-month statute of limitations. Defendants can request all evidence (discovery) and may file a motion to dismiss if theres insufficient evidence or procedural errors. Courts generally prefer typed motions, but handwritten ones are accepted if legible. Its advisable to file separate motions for different requests, such as dismissal and additional preparation time. If a public defender is ineffective, a motion for a new court-appointed attorney can be filed. For dismissal, clearly state reasons like lack of evidence, procedural errors, rights violations, and misconduct. If dismissal is denied, request more time and subpoenas for key witnesses. Always ensure motions comply with local court rules.Full Conversation
On Nove****ber 5th last year I was charged with ****isde****eanor ani****al cruelty at which ti****e they seized My Pet goat of 10 years and they ended up euthanizing hi**** the day before ****y hearing to get hi**** back now al****ost a year later I finally got the body war**** ca****era footage and it's very clear that they weren't even trying to give ****e any charges they just had to to seize ****y ani****al ulti****ately what they wanted was ****y goat and they got hi**** it's been devastating and they are so disrespectful and lie throughout the entire process ****y court hearings have been ridiculous and it's just dragging on and on they have no evidence against ****e they ****ade ****e go through a co****petency hearing where I waited 128 days for an evaluation to be done by a doctor that wasn't even licensed to practice in the state that I live in and co****ing up on a year now ****y next trial date is set for the 15th of Nove****ber but ****y actual next hearing date is on the 5th of Nove****ber the one your anniversary of ****y goat being gone I A**** pro se I had to finally get ****y public defender to withdraw fro**** ****y case after three different conflicts hearings because she should have had this dis****issed a long ti****e ago and could have without any evidence there is no case I would have thought she would have understood that but she is the one that brought up co****petency in the to begin with I was devastated over ****y goat and she clai****ed that I told her I wanted to kill ****yself in the very beginning when I first ****et her back in the last Dece****ber so she was no help to ****e at all and she's finally gone now I'**** on ****y own.
I'**** sorry to hear about your situation, ****. It sounds very challenging. To better assist you, could you please let ****e know which state you are in? This will help ****e provide ****ore specific legal infor****ation.
Colorado El Paso County
Thank you for the detailed infor****ation, ****. I'**** sorry to hear about your situation. To assist you better:
- Colorado ****isde****eanor cases often have a statute of li****itations of * ****onths.
- You have the right to request all evidence against you (discovery).
- Consider filing a ****otion to dis****iss due to lack of evidence or procedural errors.
Would you like infor****ation on how to file a ****otion to dis****iss?
El Paso County Co****bined Courts
Phone: (*) *-*
Address: * S Tejon St, Colorado Springs, CO *
Website: www.courts.state.co.us That would be great because that is ****y ulti****ate goal is dis****issal but it would be nice to be able to subpoena all of the ani****al law enforce****ent officers and Colorado Springs Police officers that were involved as well as the veterinarian that did his necropsy joking about ****aking bets on how long it would take for his body to rot in ****y trailer if I got it back they all should have be in court and have to answer to what they did I would like to file a lawsuit but I know that I have to deal with this case first right and it dis****issed I just don't want to act like it's nothing and let it go I would love the**** to have their day in court and have to answer and be held accountable for what they did
****, I understand your desire for justice. Here are steps to file a ****otion to dis****iss in Colorado:
- **Draft the Motion**: Clearly state your reasons for dis****issal (lack of evidence, procedural errors).
- **Include Supporting Evidence**: Attach any evidence supporting your clai****.
- **File with the Court**: Sub****it the ****otion to the court handling your case.
- **Serve the Prosecutor**: Provide a copy to the prosecutor.
Would you like ****ore detailed instructions on drafting the ****otion?
Sure you could write a sa****ple one for ****e
Certainly, ****. Below is a sa****ple ****otion to dis****iss that you can use as a te****plate for your case. Make sure to fill in the specific details and tailor it to your situation.
---
Sa****ple Motion to Dis****iss
**IN THE COUNTY COURT OF EL PASO COUNTY, COLORADO**
**Case No.: [Your Case Nu****ber]**
**State of Colorado**
**vs.**
****** M**
**MOTION TO DISMISS**
**NOW COMES the Defendant, **** M, in the above-captioned case, and ****oves this Honorable Court to dis****iss the charges against her for the following reasons:**
*. **Lack of Evidence**: The prosecution has failed to provide any substantial evidence supporting the charge of ****isde****eanor ani****al cruelty.
*. **Procedural Errors**: There have been significant procedural errors, including:
- Inco****petent evaluation by an unlicensed doctor.
- Unwarranted delays in the co****petency hearing.
*. **Violation of Rights**: The prolonged and unjustified seizure and euthanization of ****y pet goat without proper legal grounds.
*. **Misconduct**: Evidence of ****isconduct by law enforce****ent officers and the veterinarian, including inappropriate co********ents and actions docu****ented in body-worn ca****era footage.
Is that all of it and does the court frown upon it being handwritten I can't find any fillable for****s online or a way to type it up on there court for****s is it okay to ride it right it
Hi ****,
Generally, courts prefer typed docu****ents for clarity and professionalis****, but handwritten ****otions are often accepted if they are legible and properly for****atted. Here are so****e steps you can follow:
- **Ensure Legibility**: Write clearly and neatly.
- **Proper For****atting**: Follow the for****at provided in the sa****ple ****otion.
- **Check Court Rules**: Verify with the court if handwritten docu****ents are acceptable.
Would you like infor****ation on how to check the court's specific require****ents?
No that's okay she accepted the**** before they told ****e that was okay just no boiler pot ****otions or whatever so****ething like that
Thank you for the clarification, ****. It sounds like you're on the right track. Here are a few additional tips:
- **Be Specific**: Clearly state your reasons for dis****issal.
- **Avoid "Boilerplate" Language**: Use specific facts and evidence relevant to your case.
- **Review Court Rules**: Ensure your ****otion co****plies with local rules.
Would you like ****ore guidance on presenting evidence or any other aspect of your case?
Would it be a bad idea to also put in there if the Court decides against dis****issal then I would like to have ****ore ti****e to prepare for ****y case and request that certain people be subpoenaed that I know the prosecution isn't going to subpoena
Hi ****,
It's generally a good idea to include a contingency plan in your ****otion. You can request additional ti****e to prepare and list the individuals you wish to subpoena. Here is a suggestion:
- **Alternative Request**: If this ****otion to dis****iss is denied, I respectfully request additional ti****e to prepare ****y case and the issuance of subpoenas for [List of na****es] who have pertinent infor****ation.
Would you like a sa****ple wording for this additional request?
Also after ****y public defender was true I guess ****aybe I could have asked for a different one but I didn't I have an issue with the public defender's office in general because they her supervisor was helping her she was brand new but it would it be possible to ask the**** ask her ****y judge for assistance in I don't know getting I court appointed attorney or so****ething
Hi ****,
Yes, you can request a new court-appointed attorney. Here’s how you can do it:
- **File a Motion**: Draft a ****otion requesting a new public defender, citing specific issues like lack of experience and assistance fro**** her supervisor.
- **Detail Concerns**: Clearly explain how these issues have affected your case.
- **Sub****it the Motion**: File it with the court and serve a copy to the prosecutor.
Would you like a sa****ple wording for this ****otion?
So is it better to do it in different ****otions or in the sa****e I have to have it done this ****orning and I'**** prepared to do it right now if you could just write down what I should say al****ost word for word and on both or one I a**** ready to roll thank you
?
Hi ****,
It's generally better to file separate ****otions for different requests to keep things clear and organized. Here are sa****ple wordings for both ****otions:
Motion to Dis****iss
---
**IN THE COUNTY COURT OF EL PASO COUNTY, COLORADO**
**Case No.: [Your Case Nu****ber]**
**State of Colorado**
**vs.**
****** M**
**MOTION TO DISMISS**
**NOW COMES the Defendant, **** M, in the above-captioned case, and ****oves this Honorable Court to dis****iss the charges against her for the following reasons:**
*. **Lack of Evidence**: The prosecution has failed to provide any substantial evidence supporting the charge of ****isde****eanor ani****al cruelty.
*. **Procedural Errors**: There have been significant procedural errors, including:
- Inco****petent evaluation by an unlicensed doctor.
- Unwarranted delays in the co****petency hearing.
*. **Violation of Rights**: The prolonged and unjustified seizure and euthanization of ****y pet goat without proper legal grounds.
*. **Misconduct**: Evidence of ****isconduct by law enforce****ent officers and the veterinarian, including inappropriate co********ents and actions docu****ented in body-worn ca****era footage.
**Alternative Request**: If this ****otion
It stopped at, "if this ****otion-
Hi ****,
Here is the co****plete wording for your ****otions:
Motion to Dis****iss
---
**IN THE COUNTY COURT OF EL PASO COUNTY, COLORADO**
**Case No.: [Your Case Nu****ber]**
**State of Colorado**
**vs.**
****** M**
**MOTION TO DISMISS**
**NOW COMES the Defendant, **** M, in the above-captioned case, and ****oves this Honorable Court to dis****iss the charges against her for the following reasons:**
*. **Lack of Evidence**: The prosecution has failed to provide any substantial evidence supporting the charge of ****isde****eanor ani****al cruelty.
*. **Procedural Errors**: There have been significant procedural errors, including:
- Inco****petent evaluation by an unlicensed doctor.
- Unwarranted delays in the co****petency hearing.
*. **Violation of Rights**: The prolonged and unjustified seizure and euthanization of ****y pet goat without proper legal grounds.
*. **Misconduct**: Evidence of ****isconduct by law enforce****ent officers and the veterinarian, including inappropriate co********ents and actions docu****ented in body-worn ca****era footage.
**Alternative Request**: If this ****otion to dis****iss is denied, I respectfully request additional ti****e to prepare ****y case and the issuance
Or ask for both of those with this ****otion
Hi ****,
Yes, you can request dis****issal and also ask for the record to be expunged (if applicable). Here's a co****plete ****otion for both requests:
---
**IN THE COUNTY COURT OF EL PASO COUNTY, COLORADO**
**Case No.: [Your Case Nu****ber]**
**State of Colorado**
**vs.**
****** M**
**MOTION TO DISMISS AND EXPUNGE RECORD**
**NOW COMES the Defendant, **** M, in the above-captioned case, and ****oves this Honorable Court to dis****iss the charges against her and expunge the record for the following reasons:**
*. **Lack of Evidence**: The prosecution has failed to provide any substantial evidence supporting the charge of ****isde****eanor ani****al cruelty.
*. **Procedural Errors**: There have been significant procedural errors, including:
- Inco****petent evaluation by an unlicensed doctor.
- Unwarranted delays in the co****petency hearing.
*. **Violation of Rights**: The prolonged and unjustified seizure and euthanization of ****y pet goat without proper legal grounds.
*. **Misconduct**: Evidence of ****isconduct by law enforce****ent officers and the veterinarian, including inappropriate co********ents and actions docu****ented in body-worn ca****era footage.
**
How would I word that and would I need to explain it further in the ****otion
Hi ****,
Here's the co****plete wording for your Motion to Dis****iss and Expunge Record. You should always explain your reasons clearly in the ****otion. Below is a sa****ple you can use:
---
**IN THE COUNTY COURT OF EL PASO COUNTY, COLORADO**
**Case No.: [Your Case Nu****ber]**
**State of Colorado**
**vs.**
****** M**
**MOTION TO DISMISS AND EXPUNGE RECORD**
**NOW COMES the Defendant, **** M, in the above-captioned case, and ****oves this Honorable Court to dis****iss the charges against her and expunge her record for the following reasons:**
*. **Lack of Evidence**: The prosecution has failed to provide any substantial evidence supporting the charge of ****isde****eanor ani****al cruelty.
*. **Procedural Errors**: There have been significant procedural errors, including:
- Inco****petent evaluation by an unlicensed doctor.
- Unwarranted delays in the co****petency hearing.
*. **Violation of Rights**: The prolonged and unjustified seizure and euthanization of ****y pet goat without proper legal grounds.
*. **Misconduct**: Evidence of ****isconduct by law enforce****ent officers and the veterinarian, including inappropriate co********ents and actions docu****ented in body
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