QUESTION
During an initial discovery search I found the police department had another persons case information with my case.can I ask to dismiss case?
Asked on Feb 21st, 2019 on Criminal Law - Colorado
More details to this question:
Did a discovery search on my case and found that the police department had somehow given me half of the evidence from my case and some other very serious info on another person's case. I mean about 4 pages of images from a totally unrelated case. Diff. Person case # and address where the incident occurred. Is this enough to dismiss my case ? Both cases were felony assualt however my case was f4 and the other was f2 &f2 charges.
1 ANSWER
Criminal Defense Attorney serving Boulder, CO
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It is unfortunately not that uncommon for reports from other cases to be in the wrong case. I do not see a way that this would cause a dismissal of your case. However, it MIGHT suggest that you do not have all of the discovery in your case (maybe some of it went into the otehr persons file) so it is worth exploring that - and make sure you have all the information the DA has about your case.
Answered on Feb 22nd, 2019 at 7:16 AM