QUESTION
Dismissal of felony charges due to technicality
Asked on Dec 08th, 2017 on Criminal Law - Colorado
More details to this question:
I was charged with check forgery felony 5. But the check had a driver license number of the person tried to cash it, that did not belong to me. It is two numbers different than mine. But still ain't mine. Can my case be dismissed due to this?
1 ANSWER
Criminal Defense Attorney serving Boulder, CO
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If the fact that the driver's license number is not yours shows it was not you that tried to cash the check, of course that can lead to dismissal. However, banks normally have video and other evidence that would help "prove" who tried to cash the check. The driver's license number alone being two digits off is not sufficient by itself to lead to dismissal of the case, unless it is the ONLY evidence in the case (which seems unlikley to me). .
Answered on Dec 11th, 2017 at 9:02 AM