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Sam
Sam, Attorney at Law
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Experience:  20 years of experience practicing law.
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under Colorado court rule #12 motions must be made within 21

Customer Question

under Colorado court rule #12 motions must be made within 21 days of arraignment. does this applies to the prosecution only this is my understanding from a Colorado attorney or does it apply to both defense and prosecution I have @motions to file for a judgment of acquittal one on evidence and one on to squash I have already requested a motions hearing this is for a petty misdemeanor case.


Rule 12. Pleadings, Motions Before Trial, Defenses, and Objections

(a) Pleadings and Motions. Pleadings shall consist of the indictment or information or complaint, or summons and complaint, and the pleas of guilty, not guilty, not guilty by reason of insanity, and nolo contendere. All other pleas, demurrers, and motions to quash are abolished and defenses and objections raised before trial which heretofore could have been raised by one or more of them shall be raised only by motion to dismiss or to grant appropriate relief, as provided in these Rules.

(b) The Motion Raising Defenses and Objections.

(1) Defenses and Objections Which May Be Raised. Any defense or objection which is capable of determination without the trial of the general issue may be raised by motion.

(2) Defenses and Objections Which Must Be Raised. Defenses and objections based on defects in the institution of the prosecution or in the indictment or information or complaint, or summons and complaint, other than that it fails to show jurisdiction in the court or to charge an offense, may be raised only by motion. The motion shall include all such defenses and objections then available to the defendant. Failure to present any such defense or objection constitutes a waiver of it, but the court for cause shown may grant relief from the waiver. Lack of jurisdiction or the failure of the indictment or information to charge an offense shall be noticed by the court at any time during the proceeding. When a motion challenging the constitutionality of the statute upon which the charge is based or asserting lack of jurisdiction is made after the commencement of the trial, the court shall reserve its ruling on that motion until the conclusion of the trial.

(3) Time of Making Motion. The motion shall be made within 21 days following arraignment.

(4) Hearing on Motion. A motion before trial raising defenses or objections shall be determined before the trial unless the court orders that it be deferred for determination at the trial of the general issue except as provided in Rule 41. An issue of fact shall be tried by a jury if a jury trial is required by the Constitution or by statute. All other issues of fact shall be determined by the court with or without a jury or on affidavits or in such other manner as the court may direct.

(5) Effect of Determination. If a motion is determined adversely to the defendant, he shall be permitted to plead if he has not previously pleaded. A plea previously entered shall stand
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

Hello

 

I am an attorney with more than 25 years of experience and look forward to providing you information in this regard.

 

This applies to all parties to the matter.

 

As you can see it states "Defenses and objections" etc. That is indicative that it applies to all parties.

 

However, if the attorney was hopeful of being hired, he might have been preparing to request an extension of sorts based on you just hiring an attorney.

 



Please note that I can only answer what you ask and so if you have more questions or need clarification, please ask it here. Otherwise, I thank you in advance for a positive rating.



 

Customer: replied 1 year ago.


Shall I file a motion for an extension at the deposition hearing

Expert:  Sam replied 1 year ago.

Hello

 

You can file a Motion for Extension but not at the Deposition hearing. You need to file that with the Clerk of the Court

 

It is a Request for Extension to file Motion for Dismissal? If that is what you want to do.

 

And then state why you want the extension. Provide a Court order of the Request being granted and then file both

 

Do not assume it has been granted until you have the order signed it has not

 

 

Customer: replied 1 year ago.


don't worry I will add to the fee when we get done but for you help I am just wishing to make sure I do this correctly The da filed A motion for to add a count 2 on the 21st day after arraignment this should give me justification for an extension but I would never assume a motion granted until it is I have filed ather motins and thus far all have been granted but I always operate as if they will not be


 

Expert:  Sam replied 1 year ago.

Hello

 

Good and I suggest that is a good frame of mind when proceeding.

 

 

Customer: replied 1 year ago.


is this a fair justification for asking for an extension for motions


like I said I have requested a motions hearing the judge said she would schedule one if necessary I believe very strongly that this was a tactic to force a plea. Please comment on that if you have an opinion in that matter I'm sure your advise would be easier to give if you knew specifics but I'm sure you can understand that with out privilege I can not do that. thx

Expert:  Sam replied 1 year ago.

Hello

Yes, there is no privilege here. I only provide information to questions asked. Not advice.

 

I suggest you are correct that the added charge is to encourage a plea for sentencing purposes. And given that the charge was filed on the last day, then I suggest a Motions here is in order and that you have justification to request an extension.

 

 

 

 

Sam, Attorney at Law
Category: Legal
Satisfied Customers: 22352
Experience: 20 years of experience practicing law.
Sam and 4 other Legal Specialists are ready to help you
Expert:  Sam replied 1 year ago.

Hello

 

Thank you for the positive rating and generous bonus. Good luck with everything.

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