TABLE OF CONTENTS

1. Caption
2. Introduction
3. Statement of Facts
4. Grounds for Dismissal
5. Legal Argument
6. Prayer for Relief
7. Certificate of Service

DISTRICT COURT, [________________________________] COUNTY, STATE OF COLORADO

[________________________________] JUDICIAL DISTRICT

DEFENDANT'S MOTION TO DISMISS

I. INTRODUCTION

Defendant, [DEFENDANT FULL LEGAL NAME], by and through counsel, [ATTORNEY NAME], of [LAW FIRM NAME], hereby moves this Court for an order dismissing the ☐ Information / ☐ Indictment / ☐ Complaint filed in the above-captioned matter pursuant to Colorado Rules of Criminal Procedure 48 and 12. This motion is made on the grounds set forth below, supported by the accompanying memorandum of law, the attached exhibits, and all papers and records on file herein.

II. STATEMENT OF FACTS

On or about [__/__/____], Defendant was charged by way of ☐ Information / ☐ Indictment / ☐ Complaint with the following offense(s):

[Provide a concise factual summary of the relevant procedural history and facts giving rise to this motion.]

[________________________________]

III. GROUNDS FOR DISMISSAL

Defendant seeks dismissal on the following grounds (check all that apply):

☐ A. Insufficient Evidence / Lack of Probable Cause
The evidence presented at the preliminary hearing was insufficient to establish probable cause that a crime was committed and that Defendant committed it.

☐ B. Speedy Trial Violation (C.R.S. § 18-1-405)
The People failed to bring Defendant to trial within six months from the entry of a plea of not guilty. The not-guilty plea was entered on [__/__/____], and six months have elapsed.
- ☐ Defendant is in custody
- ☐ Defendant is on bond

☐ C. Statute of Limitations (C.R.S. § 16-5-401)
The prosecution was commenced beyond the applicable statute of limitations period. The charged offense carries a limitations period of [________________________________] and the alleged conduct occurred on or about [__/__/____].

☐ D. Double Jeopardy (U.S. Const. Amend. V; Colo. Const. art. II, § 18)
Defendant has previously been placed in jeopardy for the same offense. The prior proceeding concluded on [__/__/____] in Case No. [________________________________] before the [________________________________] Court.

☐ E. Due Process Violation (U.S. Const. Amend. XIV; Colo. Const. art. II, § 25)
The prosecution's conduct has violated Defendant's due process rights, including but not limited to: [________________________________].

☐ F. Defective Charging Instrument (C.R.S. § 16-5-201; Colo. R. Crim. P. 7)
The Information / Indictment is fatally defective because: [________________________________].

☐ G. Prosecutorial Misconduct
The prosecution engaged in misconduct that prejudiced Defendant's rights, specifically: [________________________________].

IV. LEGAL ARGUMENT

A. Insufficient Evidence

Under Colorado law, a defendant may challenge the sufficiency of the evidence presented at the preliminary hearing. The People must establish probable cause to believe the defendant committed the charged offense. Where the evidence fails to meet this standard, the information must be dismissed.

[________________________________]

B. Speedy Trial Under C.R.S. § 18-1-405

Colorado Revised Statutes § 18-1-405 provides that if a defendant is not brought to trial within six months from the date of the entry of a plea of not guilty, the case shall be dismissed. This is a mandatory dismissal statute. People v. Nunez (Colo. 2021). The court must calculate excludable time under § 18-1-405(6), including defense-requested continuances and periods of incompetency.

[________________________________]

C. Statute of Limitations

Under C.R.S. § 16-5-401, every prosecution must be commenced within the applicable limitations period. The charged offense occurred on [__/__/____], and the prosecution was not commenced until [__/__/____], which exceeds the statutory period.

[________________________________]

D. Double Jeopardy

The Double Jeopardy Clause of the Fifth Amendment and Article II, § 18 of the Colorado Constitution protect against successive prosecutions for the same offense after acquittal or conviction and against multiple punishments for the same offense. North Carolina v. Pearce, 395 U.S. 711 (1969).

[________________________________]

E. Additional Grounds

[________________________________]

V. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

1. Dismiss the Information / Indictment / Complaint and all charges contained therein;
2. Discharge the Defendant from custody or release the Defendant from bond;
3. Grant such other and further relief as this Court deems just and proper.

Dated: [__/__/____]

Respectfully submitted,

________________________________________
[ATTORNEY NAME], Colorado Bar No. [________________________________]
[LAW FIRM NAME]
[ADDRESS]
[CITY], Colorado [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]

Attorney for Defendant [DEFENDANT FULL LEGAL NAME]

VI. CERTIFICATE OF SERVICE

I, [________________________________], hereby certify that on [__/__/____], I served a true and correct copy of the foregoing DEFENDANT'S MOTION TO DISMISS on the following parties by the method indicated:

☐ Personal delivery
☐ U.S. Mail, first class, postage prepaid
☐ Electronic filing and service via Colorado Courts E-Filing (CCES)

Office of the District Attorney
[________________________________] Judicial District
[ADDRESS]
[CITY], Colorado [ZIP CODE]

________________________________________
[ATTORNEY NAME]

COLORADO-SPECIFIC NOTES

• C.R.S. § 18-1-405: Mandatory six-month speedy trial rule from entry of not-guilty plea; violation requires dismissal.
• Colo. R. Crim. P. 48: Court authority to dismiss criminal cases on motion of defendant or sua sponte.
• Colo. R. Crim. P. 12: Requires certain defenses (jurisdiction, defective instrument, double jeopardy) to be raised by pretrial motion.
• C.R.S. § 16-5-401: Criminal statutes of limitation (no limit for murder/kidnapping; 3 years for most felonies; 18 months for misdemeanors).
• C.R.S. § 16-5-201: Governs form and sufficiency of indictments and informations.
• Colo. R. Crim. P. 49.5: Electronic filing is required through the Colorado Courts E-Filing System.

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Consult a licensed Colorado attorney before use.