Obtaining a dismissal in a criminal case in Denver, Arapahoe, or Douglas County can be an exceptionally difficult challenge for a defendant. While everyone is entitled to a fair trial and the presumption of innocence, the legal system is designed in such a way that the burden of proof lies on the prosecution to establish guilt.

Dismissing a case before it even reaches trial often requires substantial evidence that the prosecution's case is fundamentally flawed or unsupported by the law. For instance, our team may argue that there was insufficient evidence to proceed or that certain legal rights were violated during the investigation, but convincing a judge or district attorney to throw out a case early in the process is no small feat.

Obstacles to Obtaining a Dismissal in Denver

One of the main obstacles to obtaining a dismissal in Denver is that courts are generally reluctant to dismiss cases unless there are clear and compelling reasons to do so. This can include situations such as: 

• improper arrests,
• constitutional violations (such as an unlawful search or seizure),
• or lack of probable cause

However, even if there are apparent flaws in the prosecution's case, judges tend to give prosecutors the benefit of the doubt and prefer to let the case proceed to trial. This approach ensures that the full judicial process is explored, including the presentation of evidence and the opportunity for our criminal lawyers to challenge the allegations in front of a jury.

Dismissals in Colorado Courts

Criminal defense attorneys throughout Colorado face the challenge of navigating complex legal procedures and standards when seeking a dismissal. We must:

• thoroughly analyze the evidence,
• identify any procedural errors,
• and make persuasive legal arguments to convince the district attorney or judge that the case should not proceed

This process requires not only vast knowledge of Colorado's criminal laws but also strategic thinking, as judges require specific legal grounds on which to grant a dismissal. For example, a defense lawyer from Sawyer Legal Group may seek to file a motion to dismiss in Adams County based on issues like:

• prosecutorial misconduct,
• lack of jurisdiction,
• or failure to meet the statutory requirements for filing charges

Even when these grounds seem strong, the motion will be met with significant opposition from the prosecution.

Getting Criminal Charges Dismissed in Colorado

In addition to legal arguments, timing plays a critical role in the pursuit of a dismissal in Boulder and Jefferson County. Criminal lawyers have to weigh several competing interests when pursuing a dismissal. Some of those things include:

• the district attorney's belief about the strength of their case,
• the need for speaking with district attorney's supervisors,
• the likelihood that the judge will grant a dismissal,
• and whether the facts contained in the discovery are capable of showing the need for a dismissal

Even if a motion is denied in Denver, it doesn't necessarily mean the case is lost; it simply means that Sawyer Legal Group will need to continue fighting for a favorable outcome as the case progresses. Given these challenges, obtaining a dismissal in a criminal case is a rare and complex process. This requires a criminal defense attorney with unprecedented skill, experience, and a keen understanding of both Colorado criminal law and the specific circumstances of the case.

Don't talk to police about criminal charges - talk to us. 303-830-0880

Photo by Katrin Bolovtsova