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

Asked about 2 years ago - Denver, CO

Pled not guilty to charge

Attorney answers (3)

  1. Michael Jermaine Carter

    Contributor Level 8

    1

    Lawyer agrees

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

  2. Frank Mascagni III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more
  3. Ronald S. Pichlik

    Contributor Level 18

    1

    Lawyer agrees

    Answered . 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.

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