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If I have an assault summons/ticket and it is not signed and dated by an officer, can the charge be thrown out?

Denver, CO |

Pled not guilty to charge

Attorney Answers 3

  1. I do not practice in CO but i would recommend that you contact a competent criminal defense attorney in your area for a consultation. In general, errors like this are not fatal and the court will allow defects to be corrected. But your local criminal rules and/or case law may provide a basis to make a motion to dismiss. Don't ignore the summons, get counsel and follow his/her advice.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

  2. The court would probably permit the defect to be corrected. Besides which, even if it were dismissed it would be without prejudice, and it could be refiled.

  3. The court will allow the defect to be corrected and the case will move forward. You need to hire a lawyer in the area.

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