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Motion for dismissal

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Sean1312

Junior Member
What is the name of your state? Colorado

My girlfriend accepted a plea bargain from the DA on a crime that she did not commit. However, she has not been sentenced yet.
There is a complete lack of evidence on the case and the Police officers arrest report was fraudulent and misleading, which we can prove.

Can she file a motion for dismissal on this due to the lack of evidence and fraudulent police report?

Thank You.
 


JETX

Senior Member
Sean1312 said:
My girlfriend accepted a plea bargain from the DA on a crime that she did not commit. However, she has not been sentenced yet.
If there really is a "complete lack of evidence on the case and the Police officers arrest report was fraudulent and misleading", why would she agree to plead guilty??

Can she file a motion for dismissal on this due to the lack of evidence and fraudulent police report?
Presumably, her attorney has far more facts than we do... and very likely more than you are admitting. So, what EXACTLY was her attorneys answer when SHE asked him/her that??
 

Sean1312

Junior Member
She is using a public defender. When we asked about taking this to trial, the public defender responded with "Okay, but juries almost always believe the Police officer over a citizen."
She accepted the plea bargain because of the response from her attorney. She was under serious durress when she accepted it.
We have a mountain of evidence against the accuser as to what he is up to. Her ex-boyfriend is accussing her of forwarding his mail.
We can also prove the arresting officer's report as fraudulent with the testimony of two other police officers.
Her sentencing is this Friday, so We are kinda in a hurry, so she can avoid any bunk decisions of the courts.
 

Sean1312

Junior Member
Also, the only evidence that they have is the accusation from her ex-boyfriend and a copy of the document from the post office. We cannot figure out how he would have obtained a copy of this document. When we spoke with the posmaster, they said that they would not habd the document over to anybody.
 

CdwJava

Senior Member
The attorney works for her. If she does not want to agree to the plea deal, she doesn't have to and can she roll her dice before a jury.

Remember, what you believe is a "mountain of evidence" may be a legal nothing. What you KNOW and what you can prove are two different things.

SHE is the one facing jail - not you. Let HER make the decision.

- Carl
 
S

seniorjudge

Guest
Sean1312 said:
What is the name of your state? Colorado

My girlfriend accepted a plea bargain from the DA on a crime that she did not commit. However, she has not been sentenced yet.
There is a complete lack of evidence on the case and the Police officers arrest report was fraudulent and misleading, which we can prove.

Can she file a motion for dismissal on this due to the lack of evidence and fraudulent police report?

Thank You.
Okay, girlfriend wants to go to the judge and say, "When I testified under oath at my plea of guilty, I was lying, but now I am telling the truth." That's a bad way to try to convince a judge he should allow her to withdraw her guilty plea.

The judge asked her during the guilty plea if she believed that she would be convicted if she had a trial and he also asked her if she did indeed commit the crime and he got details of why she was pleading guilty.

What has changed? Nothing except that she now has "buyer's remorse".

Where was all this wonderful "evidence" before the guilty plea and why didn't she show it to her lawyer?
 

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