![]() ![]() A Bill of Particulars also allows the defense to “properly prepare his or her defense” in terms of a possible alibi, witnesses, times and dates of the accused crime, and other details that aid in the argument of the defense.A Bill of Particulars calls for an exposition of the facts that the prosecution intends to prove and limits the proof at trial to those areas described in the bill. The purpose of this motion is to compel the district attorney to specifically spell out the underlying details alleged to have been committed within each offense charged. What Does a Bill of Particulars Accomplish?Īccording to the Colorado Rules of Criminal Procedure, Rule 7 (g), a Defense Attorney can file a motion for a Bill of Particulars. In this situation, the defense attorney can strike back by filing a motion for a Bill of Particulars. The defendant should never be made to face a complaint containing duplicative and repetitive language. The numerous counts with repetitive language are extremely difficult to defend against. The defendant, who is overwhelmed by all of the charges, is put in a position of having to guess just what the district attorney is even alleging took place. She said in her story that she just could not remember how many times she was touched, but what do you want to bet that her story will change and by the time we go to trial she will change her story and miraculously have a very specific detailed memory? Do you think we will ever learn about all the sessions she has with the State paid counselor? Do you think that counselor stays on the State approved list if she does not “help” the prosecutors? This is especially true in sex offense cases.įor example, in a recent case, a client was charged with one count of touching a girl 8 years ago (she is now 21 years old), yet the girl claimed he touched her an “unknown” amount of times. In many cases, a favorite prosecution tactic is to file a complaint containing numerous counts where each count contains identical language. Let’s take a moment to discuss what this is and how it could help your case if you’re charged with a crime in the state of Colorado. When you have a defense attorney who’s intimately invested in his or her clients’ rights, they may opt to file a motion for a Bill of Particulars. ![]() In Colorado, there is a powerful legal tool that’s often misunderstood and underutilized.
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