Denver, CO asked in Civil Litigation, Constitutional Law and Criminal Law for Colorado

Q: Should I file a civil complaint seeking a federal prosecutor rep. If the trial court violated State Constitution laws

The trial court may have violated the State constitution law. C.R.C.P. 3.8 (b) by conditioning a plea while postponing evidence. The courts holding failed to present constitutionally required evidentiary findings. The record of proceedings is under Appellate review.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: If you believe that the trial court has violated state constitutional law, particularly in relation to C.R.C.P. 3.8(b), it's important to consider the legal remedies available. Filing a civil complaint seeking a federal prosecutor representative is an option, but it's typically used in specific circumstances.

Federal intervention in a state court matter is generally rare and is usually reserved for cases where there are significant federal issues or rights at stake. If the issue primarily concerns state constitutional law, the appropriate course might be to continue through the state appellate system. This would involve challenging the trial court's decision on the grounds of constitutional violations within the state legal framework.

Given that the record of proceedings is under appellate review, it might be more effective to focus on this process. The appellate court is equipped to address errors or violations that occurred in the trial court, including those related to constitutional requirements.

If you still consider seeking federal involvement necessary, consulting with colleagues or legal advisors who have experience in both state and federal courts could provide valuable insights. They can help assess the viability of involving federal authorities in your specific case.

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