Q: My summons states a charge that is not a part of the actual statute or ordinance. Is this enough discrepancy to dismiss?
My summons from the police has my charge as 18.9.202 cruelty to animals.
he writes the description as "recklessly with criminal negligence failed to provide appropriate medical Care"
The actual code reads:
18.9.202 A person commits cruelty to animals if he or she knowingly, recklessly, or with criminal negligence overdrives, overloads, overworks, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, allows to be housed in a manner that results in chronic or repeated serious physical harm, carries or confines in or upon any vehicles in a cruel or reckless manner, engages in a sexual act with an animal, or otherwise mistreats or neglects any animal, or causes or procures it to be done, or, having the charge or custody of any animal, fails to provide it with proper food, drink, or protection from the weather consistent with the species, breed, and type of animal involved, or abandons an animal.
Should this be brought to the courts attention?
A:
In Colorado, if your summons cites a charge that doesn't accurately reflect the actual statute or ordinance, it's important to bring this discrepancy to the court's attention. The description of the charge should match the legal language of the statute under which you are being charged.
Your description of the charge on the summons as "recklessly with criminal negligence failed to provide appropriate medical Care" seems to be a partial interpretation of the broader statute, which covers various forms of animal cruelty. It's crucial for the charge to be correctly stated, as it sets the foundation for your defense and ensures that you are being tried under the correct legal framework.
However, a discrepancy in the wording of the charge doesn't automatically lead to a dismissal of the case. The court may allow an amendment to the summons to correct the error. Your defense should focus on the substance of the charge and how the evidence relates to the specific legal requirements of the statute cited.
It would be advisable to discuss this matter with your attorney. They can provide guidance on how to address the discrepancy and how it might impact your case. An experienced attorney can also help you understand your legal rights and the best course of action in your specific situation.
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