How to Get Criminal Charges Dropped in Colorado

If you have been charged with a crime in Colorado, your first question is usually simple. Can the charges be dropped?

In many cases, the answer is yes.

Criminal cases are dismissed every day in Colorado courts. Charges can be dropped because of weak evidence, legal problems with the investigation, successful pretrial motions, or strategic negotiation with the prosecutor. First, we have to define the term “dropped”.

For many people, “dropped” refers to a complete dismissal of charges. Sometimes when people use the term dropped, they might mean reduced to a lesser charge. In my experience, I usually hear the term as a synonym for a dismissal of all charges.

Can some cases be totally dismissed? Yes.

Can many cases be reduced? Also, yes.

In every case we handle, we are looking for the best resolution possible for our clients. We consider the penalties of the plea and collateral consequences as well. This could include things like security clearances, licensing, criminal history, Second Amendment, or immigration consequences.

Key Takeaways: How to Get Criminal Charges Dropped in Colorado

• Criminal charges in Colorado can be dismissed entirely or reduced when the prosecutor lacks strong evidence.
• If a key witness refuses to testify or evidence conflicts, prosecutors may dismiss the case.
• Illegal searches or constitutional violations (like no probable cause) often lead to evidence suppression and possible dismissal.
• Pretrial motions (e.g., to suppress evidence or dismiss legally defective charges) can force prosecutors to drop charges early.
• Strategic plea negotiations, deferred judgments, or diversion programs may result in charges being dropped after conditions are met.
• Hiring an experienced Colorado criminal defense attorney early increases the chances of identifying weaknesses and getting charges dismissed.

Understanding How Dismissals Happen Can Help You Make Better Decisions Early in Your Case

Here are the most common ways criminal charges get dropped in Colorado.

• Lack of Evidence
• Witness Problems
• Illegal Search or Police Misconduct
• Pretrial Motions
• Plea Negotiations That Result in Dismissal
• Insufficient Probable Cause
• Speedy Trial and Procedural Violations
• Strategic Defense Early in the Case

1. Lack of Evidence

The most common reason charges are dismissed is simple. The prosecution cannot prove the case.

In every criminal case, the government must prove guilt beyond a reasonable doubt. If the evidence is weak, inconsistent, or missing, the case may be dismissed. If the DA knows that their case is weak, they may offer a major reduction in charges or an otherwise favorable plea agreement.

Negotiating a criminal case is a little like a game of poker as neither side knows exactly how strong the other side’s case is. The discovery process is very helpful in that we can see what evidence the prosecution has, but there are many things that can weaken a case.

Common evidence problems include:

• No credible witnesses, or uncooperative witnesses
• Conflicting witness statements
• No physical evidence
• Poor video or unclear identification
• Lost or mishandled evidence
• Incomplete police investigation

Example:

In an assault case, the alleged victim refuses to testify or cannot be located. Without that witness, the prosecutor may have no way to prove what happened. The case is often dismissed.

Some people even use the phrase: “No face, no case.” This refers to whether the prosecution can get a witness to testify in court. In the United States, we have the Constitutional right to confront our accusers. (The Confrontation Clause of the Sixth Amendment).

This means you have the right to confront and cross-examine your accuser in open court. If the accuser refuses to testify in court, the prosecution will not be able to use their statement with very few exceptions.

This happens in many domestic violence cases where the alleged victim refuses to testify against the Defendant.

Most criminal cases are very fact-dependent, and in some cases, eyewitness testimony may be the ONLY evidence of a crime.

In theft cases, a lack of clear video or uncertain identification can lead to dismissal.

In DUI cases, missing calibration records, improper testing procedures, a “bad” stop, or incomplete reports can weaken the prosecution’s case.

The earlier these weaknesses are identified, the more leverage your attorney has.

2. Witness Problems

Even when a case starts with strong evidence, it can fall apart if key witnesses do not cooperate.

This happens often in:

• Domestic violence cases
• Harassment cases
• Neighbor disputes
• Minor assault cases

If the complaining witness does not appear for court, refuses to cooperate, or changes their story, the prosecutor may dismiss the case.

However, prosecutors in Colorado can still proceed without a victim in some situations, especially if there is body camera footage, 911 recordings, or independent witnesses.

Dismissal is more likely when the case depends entirely on one uncooperative witness.

3. Illegal Search or Police Misconduct

Evidence obtained in violation of your constitutional rights can be suppressed. If key evidence is thrown out, the case may collapse.

Common Fourth Amendment issues include:

• Illegal traffic stops
• Searches without a warrant or probable cause
• Unlawful vehicle searches
• Improper entry into a home
• Arrests without probable cause

If a judge grants a motion to suppress evidence, the prosecutor may have no case left.

Example:

Police stop a car without reasonable suspicion and find drugs during the search. If the stop was unlawful, the drugs may be suppressed. Without that evidence, the charges are often dismissed.

Other issues that can lead to dismissal include:

• Failure to read Miranda when required (custodial interrogation)
• Coerced statements
• Body camera violations
• Destruction of evidence

4. Pretrial Motions

Many cases are dismissed because of successful pretrial litigation.

Common motions include:

• Motion to Suppress Evidence: Challenges illegal searches, seizures, or statements.
• Motion to Dismiss: Argues the facts alleged do not establish a crime or that the case is legally defective.
• Motion to Suppress Identification: Challenges unreliable or suggestive lineups or photo arrays.
• Motion for Discovery Sanctions: If the prosecution fails to provide required evidence, the court may exclude evidence or dismiss the case.
• Motion for Speedy Trial Violations: In Colorado, most criminal cases must go to trial within six months of a not guilty plea. If the deadline is violated, the case can be dismissed.

Strong pretrial work often leads prosecutors to dismiss weak cases before a hearing or trial.

5. Plea Negotiations That Result in Dismissal

Not all dismissals come from court rulings. Many happen through negotiation.

Prosecutors often agree to dismiss charges in exchange for:

• Pleading to a lesser offense
• Completing classes or treatment
• Paying restitution
• Completing community service
• Staying out of trouble for a set period

Common outcomes include:

Deferred Judgment and Sentence

You plead guilty, but the case is dismissed if you complete probation successfully. A deferred can be 6 months or several years, but once you complete the terms (public service, classes, etc.), and stay out of trouble for the required time, your charges will ultimately be dismissed.

Diversion

You complete conditions without entering a guilty plea. The case is dismissed when the program is completed.

Charge Reduction

More serious charges are dismissed in exchange for a plea to a minor offense. A felony could be dropped to a misdemeanor (felony menacing > misdemeanor menacing, or felony theft > misdemeanor theft)

These outcomes avoid a conviction for the original charge and often allow the case to be sealed later. Depending on the level of your charge and criminal activity. Speak to an attorney to see if your case is eligible for sealing.

Related: A Guide to Finding the Best Criminal Defense Attorney in Your Area

6. Insufficient Probable Cause

At the beginning of some high-level felony cases, the court holds a preliminary hearing.

The prosecutor must show probable cause that a crime occurred and that you committed it.

If the judge finds probable cause is lacking, the charges can be dismissed at that stage. Probable cause is a very low threshold, so it is often not difficult for the DA to establish Probable cause.

I did dozens of preliminary hearings as a prosecutor, and they are not difficult as long as the right witness(es) appear. The rules of evidence are also a little different during a prelim. Talk to your attorney if a preliminary hearing is available in your case and whether it is a good idea in your situation.

This is one of the earliest ways a felony case can be dropped. There is some risk/reward in taking a case to prelim. For example, if you lose, the DA might be less likely to negotiate in your case.

7. Speedy Trial and Procedural Violations

Colorado law gives defendants important procedural rights.

Cases can be dismissed if the prosecution:

• Violates the six-month speedy trial rule
• Fails to disclose evidence (Brady violations)
• Loses or destroys material evidence
• Files charges after the statute of limitations expires

Procedural dismissals are powerful because they often prevent the case from being refiled.

8. Strategic Defense Early in the Case

Many dismissals happen because of what the defense does early.

Effective strategies include:

• Gathering surveillance video quickly
• Interviewing witnesses before memories fade
• Preserving phone data or location records
• Identifying inconsistencies in reports
• Presenting evidence to the prosecutor before filing or early in the case

In some situations, strong early evidence from the defense convinces the prosecutor to dismiss charges voluntarily.

Why Early Legal Help Matters

The best chance to get charges dropped is often early in the case.

Once a case is set for trial, prosecutors are less likely to dismiss unless the problems are (or become) significant.

Early intervention allows your attorney to:

• Challenge probable cause
• Preserve favorable evidence
• Negotiate diversion or deferred options
• File targeted pretrial motions
• Expose weaknesses before the prosecution commits resources

The Bottom Line

Criminal charges do not automatically lead to conviction. In Colorado, cases are dismissed every day for lack of evidence, constitutional violations, witness problems, procedural errors, or successful negotiation. Other cases go to trial, where a person can be acquitted by a jury.

If you are facing criminal charges in Colorado Springs or El Paso County, the right defense strategy can make the difference between a conviction and a dismissal.

Every case is different. Outcomes depend on the evidence, the law, and the strategy used early in the process.

If you are facing criminal charges, consult an experienced Colorado criminal defense attorney to evaluate your options and protect your future.

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