If there’s been a motion and affidavit for citation for contempt of court filed against me for failing to complete all terms of my sentence, how do I file a motion for dismissal?

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If there’s been a motion and affidavit for citation for contempt of court filed against me for failing to complete all terms of my sentence, how do I file a motion for dismissal?

I am scheduled to appear in court next month. I have since completed all terms of my sentence and have sent the court proof of such I would like to file a motion for dismissal of the contempt charge and I have been sent a form from the court to do so but I don’t understand the steps I must take to file it. Can you explain the steps?

Asked on January 22, 2015 under Criminal Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

A step by step guide is hard unless you are an attorney admitted in the state of Colorado and you have all the facts, which in this type of forum is difficult.  Generally you can put in what is called an Affidavit in Opposition to the Motion which is a statement given under oath and signed by a notary that lays out your side of the stiry and attaches proof.  You could also cross move to dismiss and then label your affidavut as in support of your motion to dismiss and in opposition to motion of the people. Look here.  Also, go see if legal aid will help you. 

http://cbaclelegalconnection.com/tag/colorado-rules-of-criminal-procedure/

 


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