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How can a write a motion for dismissal, and when can I submit it?

Frederick, CO |

this is for dv harassment. wife has changed her statement that is much closer to the truth and admitted that she was the aggressor. also she admitted that she only called the cops because she was angry not that she was physically touched or felt like she was in danger.

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Attorney answers 4


The fact is, your wife's change in story is not enough to get the charges dismissed before trial. The prosecutor is entitled to have her testify to her new story and to make her explain what she originally told the police and let the jury decide which story is more credible. You really need an attorney to prepare for trial. This is not something you can effectively do on your own.

You can reach Harkess & Salter LLC at (303) 531-5380 or Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.


Mr. Harkess is absolutely correct. Witnesses change their stories ALL of the time. If you filed a Motion to Dismiss, as a former judge, I would deny your motion and say that I can't make that determination and it is solely the authority of the jury to make the decisions of which story is true after the case goes to a jury trial. You do not want a DV conviction on your record, so you should really either apply for the Public Defender or hire an attorney.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.


The situation you have described is not unusual. It is very common for victims to change their version of what happened. The judge won't have authority to rule on your Motion to Dismiss at this time. The judge only has authority to dismiss your case during a trial if a Motion for Judgment of Acquittal is made. He could suppress evidence at a Motions Hearing, but that would not necessarily mean the case would be dismissed. The only person that has authority to dismiss your case at this time is the District Attorney and they are not likely to do that based upon a victim changing her story. If you want the case dismissed you will have to go to trial and be found not guilty.

Kent J. Leier
The Leier Law Office

The Leier Law Office, LLC, 110 East Oak St. Ste. 220, Fort Collins, CO. Call 970-682-4581 for a free consultation. The answer above does not form an attorney client relationship and does not substitute for advice that can be obtained during an in depth initial consultation.


There is a slim possibility of getting a ruling from a judge that would all but require the DA to dismiss the charges. The judge can find someone 'incredible as a matter of law' which means that the person has somehow affected their credibility to such a degree the judge essentially says they are not fit to testify even if purjury or actual lying cannot be proven. However, there are several other avenues to pursue that could result in a beneficial outcome to your case. I assume you are in Weld County, correct? My firm practices there, I use to work in that DA's office, and I would be happy to sit down with you for a free one hour consultation to discuss your case if you do not already have an attorney. You cannot wage this war without one.